When a loved one passes away, it is natural for their family to be consumed with overwhelming grief, particularly if their death was caused by a preventable accident. However, if another person’s negligence resulted in the loss of a loved one, you may have options for holding them accountable and seeking the compensation your family needs through the filing of a civil claim.
Wrongful death claims can be difficult to prove and often require an experienced attorney to secure a fair recovery. The Miramar wrongful death lawyers at Redondo Law are committed to protecting your legal rights and helping to ease the burden of your losses.
A wrongful death occurs when an individual passes away because of the negligent actions or inactions of someone else. There can be more than one party liable for the event that causes a wrongful death, and determining precisely who is responsible is part of the critical investigation that a wrongful death attorney performs on behalf of the family who lose a loved one.
The elements necessary to establish a wrongful death claim include showing that: a party responsible for the death owed the person who was killed a duty, the party failed to act in a reasonably prudent manner, those wrongful or negligent actions caused the wrongful death, and that damages resulted. A skilled attorney can help a Miramar family establish these elements of a wrongful death claim.
There is no comprehensive list of potential causes of wrongful deaths. However, some of the common causes include:
Wrongful death claims are often complex and require extensive investigations into the cause of death and the responsible parties. A knowledgeable local attorney can review a case to help determine the circumstances surrounding a loved one’s death and provide a potential course of action.
A specific statute put in place by the Florida legislature governs wrongful death claims in our state. Under Florida Statutes § 768.21, a lawsuit based on a wrongful death claim must be brought by the personal representative of the decedent’s estate on behalf of the damaged survivors. A personal representative is named in the deceased individual’s will or appointed by a judge if the decedent did not have a will.
Additionally, Florida’s wrongful death statute outlines those that qualify as eligible survivors. These individuals may recover damages based on the losses suffered as a result of their loved one’s death as specifically outlined by statute. The statute also contains a two-year statute of limitations for filing a lawsuit, which is shorter than other types of personal injury claims. A seasoned lawyer at our Miramar office who understands the Florida Wrongful Death Act can help a family file their claim within the appropriate deadlines and ensure no potential claims are lost forever.
Money damages can never fully account for the devastation that comes with the wrongful death of a loved one. However, recovering compensation from the responsible parties could help ease a family’s financial burden and provide some sense of justice and accountability. Moreover, there are often more questions than answers after a loved one’s untimely passing, and our skilled wrongful death attorneys can often times provide families with the invaluable answers to the questions that surround the death of their loved one.
A Miramar wrongful death lawyer could assess your case and help determine your legal options. Let the Redondo Law team ensure that the circumstances surrounding the death of your loved one are properly investigated, that no other family ever has to suffer the same devastation, and that you receive the financial compensation you need to help you in your time of need. Call us today for your free consultation to discuss your case.