Miami Wrongful Death Attorneys
Helping Victims of Wrongful Death Throughout the State of Florida
There are few things in life more painful than losing someone you love. When a family member dies due to the negligence, recklessness or other harmful conduct of a person or corporation, the anguish can be compounded by shock and confusion over what caused the death, as well as concerns about how to cope without them.
Under Florida law, when the negligence or wrongful conduct of a person or corporation causes the death of a person, certain family members have a right to hold the responsible parties legally accountable and may be entitled to substantial compensation for their needless loss. At Boyers Law Group, we understand, however, that when clients come to us after having lost a precious member of their family, they want far more than compensation. They want answers, they want to hold the responsible parties legally accountable and they want justice. We strive to deliver all three.
The attorneys at Boyers Law Group have been fighting for justice on behalf of families throughout Florida who have lost loved ones due to negligence and other forms of lethal conduct for many years. We have litigated and tried wrongful death cases arising out of medical negligence, motor vehicle accidents, dangerous premises, defective and dangerous products, negligent security, tractor-trailer crashes, cruise line negligence and civil rights violations, among other causes of premature and preventable death.
Our dynamic and experienced team of trial lawyers, investigators, paralegals and experts pay attention to every detail and leave no stone unturned in trying to bring some measure of comfort to our bereaved clients who need and deserve answers and justice. If you have lost a beloved family member due to another party’s negligence or wrongful conduct, please contact our experienced Miami wrongful death attorneys for the compassionate understanding and legal advice you need to achieve a sense of justice.
What Constitutes Wrongful Death in Florida?
Florida’s Wrongful Death Act, F.S. 768.16 – 768.26, defines wrongful death as the death of a person that is caused by the wrongful act, negligence, default, or breach of contract or warranty of any other person. Wrongful deaths can occur because of medical malpractice, unsafe working conditions and premises, dangerous or defective products, car accidents and other accidents caused by negligent or wrongful acts.
Whatever the cause of the preventable fatality, a wrongful death claim must meet the legal standards of proof for negligence. The specific standards vary with the type of negligent or wrongful act and resulting fatal injuries, but in all cases, your attorney has to be able to prove that:
- The negligent party or parties had a legal duty to the deceased victim.
- The negligent party or parties failed to meet their legal duty.
- The negligent party or parties’ failure to meet their legal duty caused fatal injury to your loved one.
As with most personal injury lawsuits, a statute of limitations applies to your right to bring a wrongful death action. In Florida, this is two years. That is, you must file a wrongful death lawsuit within two years of the death or you waive the right to hold the negligent party accountable. As a result, it is critical that you promptly contact an attorney experienced in investigating, litigating and trying wrongful death cases in order to preserve your legal rights.
What Compensatory Damages Can Be Recovered with a Florida Wrongful Death Claim?
The Florida Wrongful Death Act clearly delineates who can file a wrongful death claim and recover damages (compensation). According to the Act, the decedent’s personal representative (we can arrange to have an authorized representative, who would typically be a surviving family member, appointed) must be the one to initiate the claim, but both the estate and survivors may be entitled to recover damages.
The damages awarded to the estate are designed to provide compensation for injuries that occurred prior to death and/or are related directly to the death. This compensation, which is ultimately distributed to the beneficiaries and/or legal heirs of the estate, includes:
- Lost income (i.e., income the deceased person could reasonably have been expected to make if he or she had lived).
- Lost net accumulations of the estate (i.e., the value of earnings the estate could reasonably have expected if the decedent had lived).
- Medical and funeral expenses that were paid directly by the estate.
The victim’s legal survivors can also pursue other damages to compensate them for the devastating emotional effects and other losses associated with their family member’s death. A surviving spouse has the first right to damages, followed by children of the deceased, and parents, if no spouse or children exist. Additionally, any blood relative and adoptive brothers and sisters who were dependent on the decedent for support or services may also be entitled to recover damages.
These damages can include:
- Loss of spousal companionship. A surviving spouse may be able obtain compensation for the loss of companionship, protection and support.
- Loss of parental companionship. Minor children may receive compensation for their loss of parental companionship, instruction, and guidance.
- Loss of support and services. The value of support and services the deceased would have provided to the surviving family member(s) from the time of the injury until his or her death, as well as in the future.
- Mental and emotional pain and suffering due to the loss. Surviving spouses and minor children can receive compensation for the mental pain and suffering they experience due to the death. Except in cases involving medical malpractice, adult children can also receive compensation for their mental pain and suffering if the decedent did not have a surviving spouse. Parents may also obtain compensation if the victim was a minor child and, in many cases governed by the Act, even for the loss of an adult child.
Get Dependable Legal Help from the Experienced, Proven Team of Miami Wrongful Death Attorneys at Boyers Law Group
The wrongful death lawyers at Boyers Law Group have successfully litigated a substantial number of wrongful death cases over the years and have recovered millions of dollars on behalf of our clients. Be assured, however, that we only handle a small number of cases at any one time in order to give each case and each client the full attention they deserve.
You can depend on our experienced team of trial lawyers, investigators, paralegals and experts to respond promptly to all questions and concerns, to be completely prepared to successfully litigate your case and to leave no stone unturned in the pursuit of justice.
If you have lost a loved one due to the negligence or wrongful conduct of another, please contact the Miami Wrongful Death Attorneys Boyers Law Group today at 866.498.6377 for a free consultation about your wrongful death claim.