Miami Wrongful Death Lawyer
Tragic and unexpected accidents happen more often than anyone would like to think. To be sure, there were 161,374 unintentional injury deaths reported in the United States in a single year, or approximately 442 deaths per day.
If a family member of yours dies as a result of an accident caused by the fault of another person, our Miami wrongful death lawyers at the office of Jacobs Legal understand the trauma your family is experiencing, and want to help you recover compensation.
What Is a Wrongful Death Claim?
A wrongful death lawsuit is a type of personal injury claim that is filed when the wrongful act or neglect of one party leads to the death of another. The purpose of a wrongful death action is to compensate the deceased’s estate and the deceased’s beneficiaries for losses they have suffered, and would not have suffered but for the victim’s passing.
Elements of a Wrongful Death Claim
The elements of a wrongful death suit are very similar to those of a personal injury claim; the plaintiff must prove:
- The defendant owed the decedent a duty of care;
- The duty of care was breached (via a wrongful or negligent action);
- The breach of the duty of care was the direct cause of death; and
- Damages have been suffered by the estate/beneficiaries as a direct result.
Who Can File a Miami Wrongful Death Action?
A wrongful death claim is filed for the benefit of the deceased beneficiaries, such as a surviving spouse or children. However, these parties do not automatically have the right to bring forth such a such; instead, the lawsuit must be filed by the personal representative of the deceased, as named in the decedent’s will. If no personal representative is named in the will, the court will appoint one.
Damages Recoverable in a Wrongful Death Suit
As stated above, a wrongful death action is meant to compensate the deceased’s beneficiaries for the losses they have suffered as a result of the death. As such, they may seek compensation for loss of support and services, loss of guidance, loss of companionship, pain and suffering, and more. Further, the estate or relevant beneficiaries may also recoup any damages they have suffered, such as lost wages, funeral and burial expenses, and medical expenses prior to death.
Start the Process of Filing Your Wrongful Death Action Today
Following the death of a loved one, especially a death that is sudden and unexpected, you and your family may need time to mourn and process your loss. However, waiting too long may inhibit your ability to recover damages – Florida statutes require that you bring forth a wrongful death action within two years from the date of death.
Call Jacobs Legal Now
When you call our Miami wrongful death lawyers at the law office of Jacobs Legal, we will immediately get to work on your case. We understand how sensitive wrongful death claims are, and always give a case our fullest attention. We are passionate about what we do, and are ready to help you today.
Please schedule a free consultation by reaching out to us online or by phone now.