Wrongful Death Attorney in Miami, Florida
Losing a loved one is always devastating, but it can be even harder to find closure when that loss is caused by someone else’s negligence. Families in this situation are left grieving while also wanting justice and facing unexpected financial burdens. A wrongful death claim can help provide justice and financial relief by holding the responsible party accountable.
At Flaxman Law Group, we understand that no amount of compensation can replace your loved one, but our role is to help by securing your family’s financial future and by seeking answers and justice on your behalf. If you have lost a loved one, contact a compassionate Miami wrongful death lawyer at Flaxman Law Group.
Understanding Wrongful Death in Miami FL
A wrongful death occurs when a person loses their life due to the careless, reckless, or intentional actions of another. When this happens, surviving family members can file a wrongful death claim to seek compensation. These cases usually arise from car accidents, medical malpractice, workplace incidents, violent crimes, but you may have a wrongful death claim in any situation where a party’s negligent or willful actions led to the death of a loved one.
Wrongful death claims in Miami fall under Florida’s Wrongful Death Act, which allows certain family members to seek compensation for their loss. Unlike criminal cases, which focus on punishing the at-fault party, wrongful death claims are civil cases meant to provide financial relief to the surviving family members.
How much financial relief is possible varies widely depending on the circumstances of the case. Factors that can influence the worth of a wrongful death claim include the extent of the loss, the final medical expenses and funeral costs, the loss of support the family suffered, and what exactly caused the fatality.
Though every case is unique, a wrongful death lawyer can assess the specific circumstances of your case to determine a fair estimate of what your claim could be worth. The goal is to secure the maximum compensation for your family’s loss.
Eligibility to File a Wrongful Death Claim
Not everyone can file a wrongful death lawsuit in Florida. The personal representative of the deceased’s estate is the one who will file the claim on behalf of surviving family members. This representative is usually named in the deceased’s will or appointed by the court if no will exists.
Eligible family members who may receive compensation in a wrongful death case include:
- Spouses. Spouses are often entitled to damages for lost companionship, emotional suffering, and financial support.
- Children. Minors who lose a parent may recover damages for loss of guidance, parental support, and emotional distress. Adult children can also seek compensation.
- Parents. If the victim was a minor child, parents may seek compensation for mental anguish and suffering. In some cases, parents of adult children may also file a claim, if they were dependent on their child.
- Other family members. In some cases, financially dependent family members—such as siblings or grandparents, may be eligible for compensation.
Determining eligibility can be complicated, especially if there are multiple family members seeking compensation. Seeking legal guidance early is essential to protecting your rights.
Financial Compensation
While no financial settlement can erase the pain of your loss, compensation can help ease the financial burden that comes with an unexpected death. A wrongful death claim allows families to recover damages for both economic and non-economic losses, including:
- Medical expenses related to hospital care, surgeries, and treatments before death.
- Funeral, burial, and other end-of-life expenses.
- Compensation for the wages and financial support the deceased would have provided.
- Compensation for the emotional and psychological impact on surviving family members.
Insurance companies often try to minimize or deny wrongful death claims, which is why having an experienced attorney is critical. You can always reach Flaxman Law Group for a free consultation to discuss the compassionate support we may be able to provide during this difficult time.
Selecting the Right Miami Wrongful Death Lawyer & How We Help
Wrongful death cases are complex, and the attorney you choose should have experience handling wrongful death claims specifically. You want a law firm that:
- Conducts thorough investigations to uncover the truth.
- Works with medical experts, accident reconstruction professionals, and financial analysts.
- Negotiates with insurance companies to maximize compensation.
- Provides compassionate legal guidance while keeping you informed every step of the way.
If you’re searching for an attorney with all these qualities, contact Flaxman Law Group today for a free consultation to discuss your case.
The Legal Process in Wrongful Death Cases
Wrongful death cases are unique, and the process will depend on what happened and what the insurance company chooses to do. In general, however, here’s what you can expect:
- Investigation and evidence gathering. Your attorney will collect crucial evidence, such as medical records, accident reports, and witness statements. They will also use expert testimony to strengthen the case, if needed.
- Filing the Lawsuit. Your attorney will file the claim and ensure the defendants are served, in accordance with the law.
- Discovery and negotiation. During this stage, both sides exchange evidence, and settlement discussions take place. Many cases are resolved through negotiations before trial.
- Trial. If a fair settlement isn’t reached, the case goes to trial, where a judge or jury determines liability and awards damages.
- Resolution. If the claim is successful, compensation is awarded.
Each step requires legal work and an understanding of the law. It is simply too challenging for most people to navigate the process without a lawyer. If you would like to file a claim but are worried about the costs, Flaxman Law Group works on a contingency fee basis, meaning you only pay legal fees if and when we recover money for you. To find out more, contact us for a free consultation.
The Role of a Law Firm in a Wrongful Death Case
Having an experienced wrongful death lawyer may improve your odds of winning a settlement or verdict. Lawyers with expertise in wrongful death claims understand the legal system and know how to effectively present your case. An attorney can assess your case, gather evidence, and represent your interests during the legal process.
It’s also important to note that wrongful death cases can involve multiple liable parties, making it critical to ensure that all potential defendants are held accountable. An attorney can thoroughly investigate your loved one’s fatality and work to secure fair compensation for you. No matter how complex your case, an attorney has the resources to handle the claim.
Losing a loved one is challenging. An attorney takes on the burden of fighting for the compensation you deserve so you don’t have to deal with your loss and financial worries, too.
Common Mistakes to Avoid in a Wrongful Death Case
Unfortunately, certain mistakes can weaken your wrongful death claim and result in a significantly lower settlement. Here are some of the most common pitfalls to avoid:
- Waiting too long to file a claim. You understandably need time to grieve, but if a lawsuit isn’t filed within the legal timeframe, your right to seek compensation may be lost forever. Additionally, key evidence may disappear, and witnesses’ memories may fade over time. It’s always best to consult with an attorney as soon as possible.
- Accepting a settlement quickly and without a lawyer. Insurance companies often try to settle wrongful death claims quickly. While it might seem like a relief to secure compensation early, these initial offers are almost always far lower than what you are entitled to. Once a settlement is accepted, you forfeit the right to seek additional compensation—even if new evidence emerges. An experienced wrongful death attorney can assess the full value of your claim and negotiate for the compensation you deserve.
- Making the wrong choice about legal representation. Some families attempt to handle claims on their own, but without legal expertise, they may overlook details or accept an unfair settlement. Others may hire an attorney who lacks specific experience in wrongful death cases, which can result in poor representation.
- Filing to secure evidence. Failing to collect crucial documentation—such as accident reports, medical records, surveillance footage, or expert testimony—can weaken the case. Additionally, eyewitness accounts can provide valuable perspectives, yet many families don’t realize how important it is to secure statements early. A skilled attorney can ensure the evidence in your case is protected.
- Underestimating the financial impact of a loss. Many families underestimate the long-term financial effects of losing a loved one, which can include a loss of the income support and personal support a loved one would have provided. In addition, funeral costs and final medical costs can be substantial.
- Making any comments about the case. Of course you want support during a difficult time, but any public statements—including social media posts—can be used against you. Insurance companies and defense attorneys may monitor posts and even hire investigators. It’s always best to discuss case details only with your attorney and to avoid talking or posting about the case altogether.
- Not taking care of mental health. The emotional impact of a sudden loss can affect you for years. If young children lose a close family member, their life and development can be impacted. It’s important to get medical help if you notice changes in anxiety levels, sleep, or appetite, or if you notice any other concerning symptoms. Also let your attorney know if you’ve been diagnosed with any condition, such as anxiety, as a result of losing a loved one. Your lawyer can seek to get compensation for you so you can pay for the support you need.
Avoiding these common mistakes can help ensure that your family receives the financial security you deserve. Working with a Miami wrongful death lawyer can help you avoid these pitfalls, because part of your attorney’s role is to protect you from these challenges.
Contact Flaxman Law Group Today
For a free, no-obligation consultation. We are available 24/7, and there is never a fee unless we win.
Statute of Limitations for Filing a Wrongful Death Claim
When you have lost a loved one due to negligence, it’s important to act promptly. In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. This means that if you do not file your claim within this time frame, you could lose the right to seek compensation.
There are exceptions to the statute of limitations. For instance, if the death was caused by a government entity, there may be different rules and you may have less time to file. Additionally, delayed discovery of the cause of death, such as in cases of medical malpractice, can impact when the clock starts ticking.
While two years may seem like a long time, and you may want to deal with your grief before getting lawyers involved, you shouldn’t wait. Wrongful death cases usually require thorough investigation and preparation, and that takes time. Delaying calling a lawyer could mean vital evidence is lost, so it’s best to contact a wrongful death attorney as soon as possible. An experienced lawyer will ensure that your claim is filed within the required timeline.
How Long Does It Take to Settle a Wrongful Death Case?
The length of time it takes to settle a wrongful death case varies depending on the complexity of the case, the evidence available, and the willingness of the parties involved to reach a fair resolution. These cases can take longer than other personal injury claims because they often involve multiple parties.
It can take months or years to resolve this kind of case. A complex investigation and insurers who are intent on minimizing the claim can result in a longer case, especially if the claim goes through a trial and appeals. On the other hand, a skilled attorney who negotiates persuasively and can present strong evidence can encourage a faster resolution to your claim.
Seeking Justice with a Miami Wrongful Death Lawyer
Have you lost a loved one and suspect the fatality may have been caused by negligence? Contact Flaxman Law Group for a free consultation today.
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