Authorities classify fatal pedestrian accidents as wrongful deaths, and Florida is one of the top three states for hit-and-run fatalities and pedestrian accidents. Distracted drivers, aggressive or drunk driving, and speeding are among the leading causes of accidents involving the wrongful deaths of pedestrians.
If you have been injured in a pedestrian accident, seek legal representation from our personal injury lawyer in Miami so you can pursue a case against the negligent party and claim any medical expenses or damages.
Understanding Florida Wrongful Death Lawsuits
Florida statutes declare a wrongful death in cases where “the wrongful act or negligence” of another entity or person causes a death.
Family members of victims killed in wrongful death accidents are entitled to file a wrongful death claim, as per nomination in the victim’s will. In the case of failure of the deceased to provide a will specifying a family member, the court appoints a representative to file the claim.
Any qualifying family members are entitled to benefits from a favorable ruling by the court, including any family members dependent on the deceased for financial support. The wrongful death claim is subject to statutory limits, and complainants must file claims within two years of the date of the wrongful death.
Wrongful death claims differ from criminal cases. Drivers involved in fatal car accidents with pedestrians may be charged criminally by the state and brought to trial by the state prosecutor. However, a wrongful death case is a civil case brought about by the family’s estate for financial compensation. Hiring a Miami wrongful death lawyer to finalize and navigate the claim procedure makes the process more manageable and less stressful.
Financial Compensation for Wrongful Death
Consult our Miami personal injury attorney to help you reach a financial settlement with the culpable party.
Your lawyer will push for maximum compensation allowed under the law and ensure that you receive adequate compensation to cover your expenses and any future loss of income that results from the loss of a primary financial provider in the family. Expenses claimed due to a wrongful death include counseling fees, funeral and medical costs, caregiving fees, emotional pain and suffering, and loss of income. Depending on the severity of the accident and the pedestrian involved, a wrongful death claim could total into the millions of dollars.
Accident Reconstruction and Trial Preparation
If the wrongful death case could result in substantial financial compensation, you should accept that the case may result in a trial. During the trial, your attorney is required to present a reconstruction of the events surrounding the accident, as well as an extensive investigation into the exact cause of the accident and any possible driver negligence involved.
Family members or other witnesses to the accident may be called to the stand to testify against the responsible driver. Witness preparation is fundamental to the success of your case, and an experienced attorney will oversee the sourcing and questioning of any witnesses before and during the trial.
Many insurance companies employ legal teams to assist them in handling wrongful death claims. If you are unprepared to meet these lawyers in court, chances are they will only offer a low a settlement figure. Hiring a lawyer with a solid record of winning wrongful death claims signals to their legal team that you are serious about pursuing maximum financial benefits.
Insurance companies may try to settle out of court. Never engage in these negotiations by yourself—always call your attorney to assist you in any meetings or court proceedings. Taking the advice of legal representation will make a difference when it comes time to receive your payout.
Seek Advice from a Miami Wrongful Death Attorney
The unexpected event of a wrongful death as a result of a fatal pedestrian accident is a tough situation for any family to handle. The loss of a primary caregiver or financial provider for the family means costs for the family can add up quickly.
In the days following the accident, mourning and funeral preparations consume much of the time of family members. The last thing any parent or child wants to deal with is the legal technicalities involving a wrongful death claim.
Work with a professional legal team to build your case and handle your legal affairs while you take care of the funeral and comforting other family members. Your attorney is obligated to find the people responsible and hold them accountable while ensuring the best possible settlement for your family.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Miami Wrongful Death Attorney.