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Wrongful Death
Practice Areas
Miami Wrongful Death Lawyer
It’s a difficult situation to lose a loved one. Your life can be completely turned upside down in moments, especially if the loss was unexpected. Unfortunately, there are hundreds of fatal accidents in Miami every year. These accidents leave families emotionally and financially destroyed.
Even though financial compensation will not bring you loved one back, it can help alleviate your stress as you grief your loss. The Miami wrongful death lawyers at Ferrer Law, P.A. are prepared to help you through this difficult time in your life. With our guidance, you can maximize the compensation you your family are entitled to. Call us today to schedule you free case evaluation.
Understanding Wrongful Death in Miami
Accidents in Miami are usually the result of negligence or reckless behavior. When the negligence of another results in the unexpected loss of a loved one, you several options under Florida state law. You may be entitled to financial compensation from the person or entity that caused the fatal accident, by filing and lawsuit for wrongful death.
In Florida, the Wrongful Death Act allows you to file a civil lawsuit to recover compensation for losses you experience because of the death of a loved one. You can hold the person who caused your loved one’s death personally liable for your costs.
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You have the right to file a wrongful death lawsuit in Miami under Florida Statute 768.18 when “the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person…and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued.”
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You can file a wrongful death lawsuit if your loved one:
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Was killed in an accident that is caused by negligence or a wrongful act; and
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Could have filed a personal injury lawsuit if they had survived the accident.
Who Can File a Wrongful Death Claim?
Wrongful death lawsuits in Miami must be filed by your loved one’s personal representative. A personal representative is usually a person who is responsible for handling your loved one’s estate. The personal representative may also be named by the victim in a Last Will and Testament or appointed by the court. The personal representative can file the wrongful death lawsuit on behalf of:
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The victim’s estate, and/or
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The victim’s surviving family members.
The beneficiaries of a wrongful death lawsuit can include the victim’s spouse, parents, children, or anyone who may have been financially dependent on the victim. Determining eligibility can be difficult. Call personal injury attorney Christian Ferrer for more assistance.
Causes of Wrongful Death in Miami
You may have the right to file a wrongful death lawsuit if your loved one was killed in an accident in Miami. Our attorneys are prepared to help you recover compensation for your loss following a fatal:
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Bicycle accident
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Pedestrian accident
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Truck accident
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Motorcycle accident
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Defective product accident
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Dog bite
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Nursing home accident
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Medical malpractice incident
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Construction accident
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Swimming pool accident, or
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Contact the Miami personal injury lawyers at Ferrer Law, P.A. if you’ve unexpectedly lost a loved one in a fatal accident. We can help you pursue compensation from the person (or entity) who are responsible for your untimely loss.
Damages for the Benefit of the Victim’s Estate
Available damages, as defined in Florida Statute 768.21, typically depend on whether the personal representative is seeking compensation for the benefit of the estate or survivors. A wrongful death claim can be filed to recover compensation that the victim would have been able to collect had they survived the Miami accident. These damages can include:
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The victim’s lost wages and earnings from the date of injury to the date of death
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Lost profits and income that would have enriched the victim’s estate; and
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Medical or funeral expenses charged to the estate or paid by a family member.
How Long Do You Have to File a Wrongful Death Claim in Miami?
Losing a loved one is an extremely difficult time, so we understand it may take some time to come to terms with your loss after a fatal Miami Accident. However, it’s important for you to know that you have a limited amount of time to file a wrongful death lawsuit.
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All claims submitted under the Florida Wrongful Death Act must be filed within two years of your loved one’s death. You will not be able to recover the compensation you deserve if you don’t file your claim before the statute of limitations expires.
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You can make sure that your claim is filed on time by contacting a Miami wrongful death attorney as soon as possible after the fatal accident. Call Ferrer Law, P.A. today to schedule a free consultation and learn more.