After losing a loved one due to the negligence of someone else, you may face substantial financial difficulties, as well as emotional trauma. Our legal team at Goldberg & Rosen has a team of top Miami wrongful death attorneys, and is deeply understanding of your situation. We will help you recover compensation that can lessen the financial burden and help you move forward as you recover from your loss.
An overview of wrongful death claims
When an individual dies due to the negligence or misconduct of another, the surviving family members are able to seek monetary damages to compensate for their lost financial and emotional support. In the state of Florida, any relative who depended on the deceased for financial or emotional support can file a suit, including spouses, children, parents, other relatives and adoptive siblings. With that said, there is a time limit to file a wrongful death suit in Florida. As such, it’s important to contact a Miami wrongful death attorney for counsel as soon as possible. Though taking legal action may be the last thing on your mind as you come to terms with your loss, we encourage you to act quickly to preserve your ability to file a suit.
Wrongful death following murder
Often a wrongful death lawsuit is filed after the conclusion of the criminal case connected with a murder. Even if the defendant in a criminal case was not convicted, the surviving family members can file a wrongful death lawsuit as was famously done in the OJ Simpson case. Even though he was found not guilty in the criminal case, he was not successful when the family brought a wrongful death lawsuit against him.
This type of civil lawsuit requires an experienced wrongful death lawyer to successfully use the evidence produced in the criminal case. Additionally Miami has time restrictions on filing a wrongful death lawsuit which is usually 4 years from the death. There are some circumstances where this time frame is extended.
Retaining a wrongful death lawyer is the best chance that the lawsuit will be conducted properly and in a timely manner. There are significant differences in how this type of legal action is conducted.
In a criminal case the law requires a very strict level of proof while in a civil case the standard of proof is lower since the defendant’s liberty is not in question. At Goldberg and Rosen our professional litigation team includes a wide array of expert witnesses that can be called upon to clarify aspects of the case that may not have been admissible in the criminal trial.
If you have lost a loved one to a violent act, we can at least help you get some financial relief which can help buffer the turmoil created when a loved one is lost.
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Do you have a wrongful death claim?
If you’ve lost a loved one due to another individual’s negligent or reckless behavior, you may have a wrongful death suit. To win this type of case, our Miami wrongful death lawyers will prove that the individual at fault had a duty of care to the victim, that this duty was breached by their actions, and that the fatality was the direct result of their actions.
The most common types of wrongful death claims include:
- Car accidents. Common examples of negligent behavior that may result in a fatal car crash include driving while distracted, driving while under the influence, car manufacturing defects, road design defects and reckless driving.
- Injuries at birth. If you lost your baby at birth due to the actions, omissions or mistakes of a medical professional, you may have a wrongful death claim.
- Workplace accidents. Workplace accidents that result in death may occur as the result of a construction, driving, aviation, industrial or maritime accident, among others.
- Truck accidents. Because truck accidents are usually quite severe, it’s common for them to result in a fatality. When this occurs, you may be entitled to financial and punitive damages through a wrongful death lawsuit.
- Medical malpractice. Wrongful death suits involving medical malpractice occur when a medical professional’s actions or omissions result in patient death.
What damages can you recover from a wrongful death suit?
If you’ve lost a loved one due to another’s negligent or reckless behavior, you and your family may be entitled to economic and non-economic damages:
Economic damages are intended to cover the loss of financial support for the surviving family members. It commonly includes medical expenses, funeral expenses, the loss of the deceased’s future earnings, the loss of benefits and the loss of an inheritance.
Non-economic damages are intended to cover the intangible losses the surviving family members experience. This can include mental anguish, pain and suffering, the loss of care and nurturing, the loss of love, the loss of companionship and the loss of consortium from a deceased spouse.
During your case evaluation with among the best wrongful death lawyers Miami has to offer at Goldberg & Rosen, we will provide you with personalized guidance regarding which damages you’re entitled to recover, and how we can ensure you and your family receives the full compensation you deserve following the loss of your loved one.