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 provide the compassionate legal assistance your family deserves.
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 at our firm. We have over four decades of combined experience, and we’re ready to help.
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 at Blakeley Car Accident & Personal Injury Lawyers 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 achieve a sense of closure. We can also help you pursue 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 at Blakeley Car Accident & Personal Injury Lawyers provides comprehensive services to families after a fatal accident. 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, meaning we must show that someone else owed your loved one a duty of care, failed to uphold it, 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 your family’s behalf. 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” under Fla. Stat. § 768.19.
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.
Our team at Blakeley Car Accident & Personal Injury Lawyers is ready to help.
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 our team at Blakeley Car Accident & Personal Injury Lawyers if you need help after a deadly:
- Car accident: Our Miami wrongful death lawyers can assist you after a fatal auto accident. We’re ready to help after crashes caused by drunk driving, distracted driving, aggressive driving, and other dangerous behaviors behind the wheel on I-95, the Palmetto Expressway, or any other roads in our city.
- Motorcycle accident: Motorcyclists face considerable dangers when they’re on roads like U.S. Route 1 or the Ronald Reagan Turnpike. Your family can turn to us for help building a claim against the negligent party after a deadly motorcycle crash.
- Bicycle accident: Motorists have a duty to share the road with bikers, but they often ignore these rules and engage in dangerous behaviors that can result in deadly crashes, especially in Downtown Miami. We’re here to help after this kind of accident.
- Pedestrian accident: Pedestrians face numerous hazards in Downtown Miami and throughout the rest of the city. Rushing and distracted drivers and dangerous infrastructure contribute to many fatal crashes.
- Act of medical malpractice: We can help if medical negligence or other dangerous acts by healthcare workers resulted in the loss of a loved one. We’re here and ready to investigate medical errors in facilities like HCA Florida Mercy Hospital or Jackson Memorial Hospital.
- Slip and fall accident: Our team knows how to help if a loved one sustains fatal injuries after falling on someone else’s property. We’ll discuss the steps you need to take after a fatal premises liability accident.
- Workplace accident: We know how to help with your legal needs after a deadly accident at work. We’ll go over your options under Florida law and answer any questions you have in this situation.
We can review your specific situation and get to work on your legal claim immediately.
Call or text 800-602-5000 or complete a Free Case Evaluation form
Who Can File a Wrongful Death Claim in Miami?
Our state requires a personal representative for the deceased to file a wrongful death claim under Fla. Stat. § 768.20. Your loved one may have named someone in a legal document, such as a will, to fill this role.
If your loved one did not select a personal representative, the court can appoint someone 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.
Compensation and Wrongful Death Claims
Each wrongful death claim is different, but certain types of damages may apply to 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 eligible survivors and beneficiaries, who can include:
The Family Members of the Deceased
After a deadly accident, family members of the deceased 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 at Blakeley Car Accident & Personal Injury Lawyers can review eligible damages for your claim when you contact us for help with your legal needs.
The Decedent’s Estate
Your loved one’s estate may also recover damages for 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.
For a free legal consultation with a wrongful death lawyer serving Miami
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Why Choose Us After a Fatal Accident in Miami?
You should choose us after a fatal accident in Miami because we stand 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 complicated 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.
At Blakeley Car Accident & Personal Injury Lawyers, our Miami wrongful death attorneys will explore all avenues to handle your family’s claim. Additionally, we work on a contingency fee basis, which means you only pay legal fees after the resolution of the legal claim.
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.
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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 at Blakeley Car Accident & Personal Injury Lawyers 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.
Frequently Asked Questions About Wrongful Death Claims
Our team at Blakeley Car Accident & Personal Injury Lawyers can give you answers to questions like:
How Long Do I Have to File a Wrongful Death Claim?
You typically have two years to file a wrongful death lawsuit after the loss of a loved one under Fla. Stat. § 95.11(5)(e). 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.
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.
Who Gets Compensation Through a Wrongful Death Claim?
Children, parents, spouses, and legal representatives of the deceased may get compensation through a wrongful death claim. 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 focuses on wrongful death cases.
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.
