Jan 31, 2017
An Overview of the Process with a Wrongful Death Lawyer in Miami
When someone dies under the wrong circumstances, a wrongful death lawyer in Miami might be able to step in and help seek justice. The survivors may make a claim or file suit on behalf of the deceased after establishing damages. This could involve a car accident, medical malpractice, defective product, or many other things. The idea is to compensate the family for their financial losses. All parties involved recognize there’s no way to fully compensate a family for their loss.
A wrongful death lawsuit is calculated in terms of economic loss, inter alia. This could include things like lost wages up until their estimated retirement. It could also include medical bills and funeral costs. Depending on the circumstances, some plaintiffs might also calculate lost companionship and guidance. If a parent died with young children, the loss of that parent could weigh heavily on their future in many ways.
Many victims are still confused about what this means. Some think a wrongful death suit can be filed any time you lose a loved one in an accident. Others just assume their case would not qualify. The truth is often somewhere in between these two extremes – contacting us will help find answers.
What Happens When a Wrongful Death Attorney in Miami Files a Claim?
A wrongful death suit doesn’t happen any time somebody dies by anything but natural causes. Like you would in a personal injury suit in Miami, a wrongful death lawyer has to establish negligence of another. If you are thinking about filing suit, you should always go to a lawyer as soon as possible. The clock starts ticking after the incident that lead to that person’s death, and it can run out more quickly than you think.
Depending on the cause of death, you may have just a couple of years to file suit, so it is important to contact an attorney. Gathering the right information and going through all the steps necessary to file can take longer than you expect. If you’re filing a medical malpractice-related claim, it could drag on for years while you work with different medical boards.
A wrongful death attorney will assess your case and what happened. The injury is obvious. It’s up to lawyers to prove negligence and connect it to the death. Wrongful death lawyers also have the job of determining if you qualify to sue. It is often immediate family who comes to a law firm. Sometimes, friends and others who do not meet the legal requirements will find out they cannot bring a claim under Florida law.
Who Can a Wrongful Death Lawyer in Miami Represent?
A wrongful death claim is anything but simple. Whether you are in nearby Fort Lauderdale or parts of Miami like Brickell, you have to qualify. If you don’t meet the legal requirements, a wrongful death lawyer can tell you who should be filing the suit. This way, you are not spinning your wheels in the mud, and the suit can ideally move forward.
The plaintiff is often an executor of the deceased’s estate. Immediate family members are often involved, which could include spouses or children. Sometimes, it is the parents of both adult and young children. Adult children would have to demonstrate some financial burden they assume because of the death. Others can qualify depending on the circumstances.
Who Will a Miami Wrongful Death Attorney Pursue?
Wrongful death suits can involve a variety of defendants. Many times, they will offer a settlement before your case goes to court. If they do not, a wrongful death lawyer in Miami can take your case to court. No matter what your income, background, etc. is, you deserve competent representation. This means a plaintiff’s attorney from near Coral Gables should receive the same representation as a client in Hialeah, Miami Beach or Pinecrest.
The defendant would depend on the situation. You might sue a doctor or hospital if their actions caused a death that could have reasonably been prevented with the proper standard of care. It could also be a drunk or drowsy driver or someone who ran a red light. By the dram shop rule, it could even be the bar that sold someone too many drinks or let them get on the road.
No matter what happened or why you are considering a wrongful death lawsuit, always find a lawyer you can trust. Let Nunez Law help you evaluate your case and ensure you get the best treatment. Just click here and read more about wrongful death suits.