We want to begin by offering our deepest and most sincere condolences to you and your family. The sudden and unexpected loss of a loved one is a devastating event. When that loss was caused by the wrongful act or negligence of another person or company, the grief is often compounded by a profound sense of injustice and anger. While we understand that no legal action can ever truly compensate for your loss or heal your pain, it can provide a path to justice and accountability.
A wrongful death claim is a way to honor your loved one by holding the responsible parties accountable and securing the financial stability your family needs to face an uncertain future. At Feingold, Posner & Draizin, our Miami wrongful death attorney team is here to provide strong, respectful, and compassionate guidance through this incredibly difficult time.
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Who Can File a Wrongful Death Claim in Florida?
Florida’s Wrongful Death Act is very specific about who can seek compensation after a fatal accident. The lawsuit is filed by the personal representative of the deceased’s estate. This representative then acts on behalf of the estate and the qualifying “survivors” to recover damages.
Under the Florida Statutes, “survivors” typically include:
- The Spouse: The surviving husband or wife of the deceased.
- Minor Children: Children under the age of 25.
- Adult Children: If there is no surviving spouse, adult children may be considered survivors.
- Parents: The parents of a deceased minor child, or the parents of an adult child if there are no other survivors.
- Dependent Blood Relatives: Other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services.
An experienced wrongful death lawyer in Miami-Dade can help you determine who the eligible survivors are and ensure the claim is filed correctly on behalf of all entitled family members.
Types of Compensation Available to Your Family
A wrongful death claim seeks to recover the full scope of losses suffered by both the surviving family members and the deceased’s estate. We fight to secure the maximum compensation available, which may include:
- Damages for Surviving Family Members
- Loss of Support and Services: The value of the income and services the deceased would have provided to the family, both now and in the future.
- Loss of Companionship and Protection: For a surviving spouse, this compensates for the loss of their marital partner’s love, companionship, and society.
- Loss of Parental Companionship and Guidance: For surviving minor children, this compensates for the profound loss of a parent’s guidance, instruction, and presence.
- Mental Pain and Suffering: Compensation for the deep emotional and psychological anguish suffered by each qualifying survivor due to the loss.
- Damages Recoverable by the Estate
- Lost Earnings: The value of the earnings the deceased would have accumulated from the date of injury to the date of death.
- Medical and Funeral Expenses: The full cost of any medical treatment related to the final injury, as well as the funeral and burial expenses paid by the estate or a family member.
How We Can Help: Lifting the Legal Burden
During a time of immense grief, your family should not have to bear the additional stress of dealing with insurance companies, legal paperwork, and complex investigations. When you entrust your case to us, we handle the entire legal process from start to finish. Our commitment to you includes:
- Conducting a Thorough Investigation: We will immediately work to gather all evidence related to the fatal accident claim in Miami, identify all at-fault parties, and build a powerful case.
- Handling All Communications: We will take over all communications with insurance adjusters and the at-fault party’s lawyers, shielding you from their questions and pressure tactics.
- Consulting with Experts: We work with economists and other experts to accurately calculate the full financial impact of your loss over a lifetime.
- Providing Compassionate Guidance: We will be there to answer your questions and provide support at every step, allowing your family the space to grieve and heal.
You Have a Limited Time to Act: The Florida Statute of Limitations
It is critical to understand that your time for losing a loved one to negligence and seeking justice is limited. In most cases, the state of Florida imposes a strict two-year statute of limitations for filing a wrongful death lawsuit. This means the claim must be filed within two years of the date of your loved one’s death. If you miss this deadline, your family will likely be permanently barred from ever recovering compensation. This makes it essential to contact an attorney as soon as you are able to do so to protect your rights.
Frequently Asked Questions
How is a wrongful death claim different from a criminal homicide case?
A criminal case is brought by the state to punish the wrongdoer, with penalties like prison time. A wrongful death claim is a civil case brought by the family to recover financial compensation for their losses. A person can be acquitted in criminal court but still be held liable in a civil wrongful death case because the standard of proof is lower.
What if my loved one was partially at fault for the accident?
Florida follows a “pure comparative negligence” rule. This means your family can still recover damages even if your loved one was partially at fault. The total compensation award will simply be reduced by your loved one’s percentage of fault.
How much does it cost to hire a Miami wrongful death attorney?
We handle these sensitive cases on a contingency fee basis. This means you pay absolutely no upfront fees or out-of-pocket costs. Our fee is a percentage of the compensation we successfully recover for your family. If we do not win, you owe us nothing.