If someone you care about died in an accident, you may be in a position to file a wrongful death claim to seek compensation for your loss. A Miami wrongful death lawyer from our team at Blakeley Car Accident & Personal Injury Lawyers can step in to provide the compassionate legal assistance your family deserves in this situation.
We know that the death of a loved one is probably the most devastating thing that a family can experience, especially if the death occurs suddenly and unexpectedly. Such a tragedy can change people’s lives forever, on many levels.
While the emotional loss is devastating enough, the family may also experience material losses that can have an effect for decades, adding to the stress of an already difficult change. You can get help in this situation from a Miami personal injury lawyer from our firm. We’ve brought our clients over $250 million in compensation, and we’re ready to help now.
Why Hire a Wrongful Death Lawyer in Miami, FL?
Hiring an attorney to help with your family’s wrongful death claim means you’ll always have someone on your side who can handle legal matters and explain all the steps you need to take after the loss of a loved one.
Our team understands what you’re going through, and we want to help. We’ll take on legal challenges on your behalf, giving you more time to focus on your loved ones’ emotional needs.
Getting help from an attorney can allow you to hold the party responsible for the loss of your loved one accountable, helping your family get a sense of closure. We can also help you get the funds you need to deal with the financial pressures associated with a deadly accident.
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Services Attorney’s Offer After a Fatal Accident
Our team provides comprehensive services to families following deadly accidents. You can rely on us to:
Explain the Legal Process
We know you may feel unsure what to expect after a fatal accident. We’ll explain every step of the legal process, washing away uncertainty with information, personalized guidance, and support. You can reach out at any time if you have questions or want advice.
Gather Evidence
We investigate the causes of your loved one’s accident so you can maintain your focus on caring for your family. We need to establish fault for the incident, which means showing that someone else owed your loved one a duty of care, failed to uphold that duty, and directly caused the deadly accident.
We know what is needed to prove wrongful death, and we’re ready to take charge of the investigation.
Deal With All Legal Communication
Our attorneys can take over all legal communication on behalf of your family. We’ll handle conversations with the at-fault party, their insurance representatives, and even their lawyers, serving as a buffer for you.
Handle Insurance Negotiations
We can also take over the process of insurance negotiation on your behalf. Many wrongful death claims end in a settlement with the insurance company. We can use our experience and training to identify and reject unfair offers on your behalf.
Help With a Lawsuit
If the insurance company refuses to treat your family fairly, we can discuss filing a lawsuit against the liable party. We know what it takes to represent our clients in court, and we’re ready to proceed with a lawsuit when necessary.
Understanding Wrongful Death Claims in Florida
You may be wondering what qualifies as a wrongful death. In the State of Florida, a death is defined as wrongful when “the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.”
This law can apply in many different circumstances, so the best plan of action is to contact a Miami wrongful death attorney and relay the details of your specific case. If you believe that the actions of another person caused the death of your loved one, an experienced lawyer can help you decide how to proceed.
We Can Help After Many Kinds of Fatal Accidents
Our law firm has experience handling a wide range of legal claims for families after fatal accidents. For example, you can turn to us if you need help after a deadly:
- Car accident
- Motorcycle accident
- Bicycle accident
- Pedestrian accident
- Act of medical malpractice
- Slip and fall accident
- Workplace accident
We can review your specific situation and get to work on your legal claim immediately.
Who Can File a Wrongful Death Claim in Miami?
Some states will allow family members to file wrongful death claims, but Florida’s laws are a little different.
Instead, our state requires a personal representative for the deceased to file a wrongful death claim. Your loved one may have selected an individual to fill this role in a legal document, such as a will.
If your loved one did not select a personal representative, the court can choose an individual to carry out this duty.
Does the Personal Representative Receive Compensation?
The personal representative who files a wrongful death claim may be eligible to recover compensation from the at-fault party in some situations, but this is not automatic. Instead, these claims generally cover the damages suffered by the deceased’s family. Some funds may also go to the estate of the decedent.
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Compensation and Wrongful Death Claims
Each wrongful death claim is different, but there are standard types of damages that may be applicable in your situation. Although money cannot always help in the emotional healing process, compensation can help you alleviate some of the burdens from your loss so that you can focus on your loved ones and your healing process.
Florida awards distinct damages to:
The Family Members of the Deceased
After a deadly accident, family members of the decedent may receive compensation for the medical and funeral expenses of a loved one and their mental pain and suffering. Surviving family members may also receive funds to cover the loss of:
- Support and services
- Companionship and protection
- Guidance and instruction
Our team can review the specific funds available to you when you contact us for help with your legal needs.
The Decedent’s Estate
The estate of your loved one may also receive damages to cover lost earnings, benefits, and wages. Additionally, if the estate paid for any of your loved one’s medical expenses or funeral expenses, the court may award compensation for these losses.
Punitive Damages and Wrongful Death Claims
In some cases, your family may receive additional compensation through punitive damages.
This form of compensation does not directly correlate to any of the losses associated with a fatal accident. Instead, the court will occasionally award these damages to punish the party responsible for the loss of your loved one in cases of gross negligence or intentional misconduct.
We can give you more information about this form of compensation and whether your family qualifies to receive it when you reach out to us for help.
Who Gets Compensation Through a Wrongful Death Claim?
Not everyone is eligible to receive compensation from a wrongful death claim, but children, parents, spouses, and legal representatives of the deceased may be eligible. The only way to find out for sure if you are eligible to be compensated for your loss is to contact a qualified legal professional who specializes in wrongful death cases.
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Why Choose Us After a Fatal Accident in Miami?
Blakeley Car Accident & Personal Injury Lawyers stands ready to provide the dedicated, compassionate legal support your family deserves after losing a loved one. We have over two decades of combined legal experience that we can draw on to assist with these claims, and we’re fully prepared to guide you through all stages of the legal process.
We believe in open communication and staying available to our clients when handling these complex claims. You can always contact us if you have questions, and we’ll be there with the answers you need and the assistance you deserve.
We’ll explore all avenues to handle your family’s claim. Additionally, we work on a contingency fee basis, so you only pay legal fees after the resolution of the legal claim.
How Long Do You Have to File a Wrongful Death Claim?
What is the statute of limitations for a wrongful death claim in Florida? Our state gives you two years to file this kind of claim in most cases. However, this deadline can shift, and some families have less time to take legal action.
Fortunately, a wrongful death attorney in Miami can review your situation and provide more information about how long you have to take legal action against the liable party.
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How Long Does a Wrongful Death Claim Take?
The time it takes to resolve your wrongful death claim will depend on numerous factors, including the method your family selects to handle this legal issue. Your attorney can explain the steps you can take to expedite the process, but you should still expect it to take a significant amount of time.
Liability and Wrongful Death Cases
We need to investigate and gather evidence to identify the party responsible for the loss of your loved one. Liability for deadly incidents can vary considerably depending on the accident’s root cause and other factors.
We’ll carefully review the actions of everyone involved in the incident to find all at-fault parties.
How to Select a Wrongful Death Attorney
You should select an attorney who understands the laws surrounding wrongful death claims after the loss of a loved one. Search for a Miami wrongful death lawyer who will take you seriously, respect your family’s feelings, and provide dedicated support every step of the way.
You can request a risk-free consultation to get more information about law firms that can handle your claim. You can use these consultations to ask about:
- Cases like yours that the firm has handled
- The firm’s record of success with wrongful death cases
- How the lawyer would handle your family’s case
Our team is standing by now to go over your situation and the services we can provide to your family. You can review your next steps by reaching out for dedicated support and guidance.
Talk to Us After Losing a Loved One in Miami, FL
You are not alone after a sudden loss of a loved one. You can turn to a wrongful death attorney in Miami for the dedicated support your family deserves during this challenging time.
Our team at Blakeley Car Accident & Personal Injury Lawyers can provide answers to all of your legal questions, assess your situation, and stand by you every step of the way. We’re here and ready to help, so contact us now.
