Protecting Yourself From Wrongful Death Claims: Legal Advice For Miami Families
Dealing with the death of a loved one is a difficult and emotional time. And in cases where a person’s death is the result of someone else’s negligence or wrongful actions, the grief can be even more difficult to deal with.
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The aftermath of a loved one’s death not only results in grief, but the prospect of legal challenges to help get answers or a way to move forward. But navigating the legal process of a wrongful death claim can be difficult, which is why it’s important to have an experienced attorney by your side.
In this post, we’ll guide families faced with the toughest of challenges, to help provide a better understanding of the legal process when dealing with a wrongful death claim.
What is a wrongful death claim?
A wrongful death claim can happen when a person dies due to the negligence or wrongful acts of another party. Under the 2023 Florida Statutes, the victim’s families can take legal action to hold those responsible to account, and claim compensation. While this in no way can make up for a family’s loss, it can provide a resolution, and help families dealing with the financial burden that can be caused by someone’s passing.
There are many situations that can lead to a wrongful death claim, including:
- Road traffic accidents
- Accidents at work
- Defective products
- Medical Malpractice
- Criminal acts
To be able to male a wrongful death claim, the plaintiff has to be able to prove that their loved one’s death happened as the direct result of another’s negligence or actions. They must also prove that they suffered damages as a result of the wrongful death.
At the Law Office of Cary Woods II, we understand the distress that a wrongful death claim can cause. We’re here to help you through every stage of the process, so that you can get the legal help you need at this difficult time.
What legal avenues are available for Miami families?
For a family to make a wrongful death claim, they should pursue the claim through the civil court system. The statute says that claims can be made by those who depended on the deceased for either financial or emotional support. This can include spouses, children, parents as well as others who represent the deceased’s estate.
One of the most important things to note about pursuing a wrongful death claim is that the statute of limitations puts a deadline in place for filing a claim. In Florida, this is two years following the date of death. This can be difficult for families, who may have to deal with the legal situation while still in the early stages of grieving for their loved one.
The statute also outlines the types of damages that can be claimed for, including:
- Funeral and burial costs
- Medical expenses
- Loss of income
- Loss of companionship
- Emotional pain and suffering
The claim could also lead to punitive damages, which can ensure the defendant is held fully accountable for their actions, although this may not be awarded in every case.
Understanding the legal process
Most legal processes are complex and can cause stress and difficulty for those involved. A wrongful death claim, however, adds further challenges to the situation, and can be extremely tough on the families grieving for their loved one. It’s important to know that this process can take some time, due to the investigations and discovery stages of the process, which can then lead to negotiation, and potentially a trial.
Investigation
The investigation phase is a crucial time for the claim. This is where evidence is gathered, such as police reports, medical records, witness statements and even testimony from experts. At this time, both parties will carry out their respective investigations. The process works as follows:
Discovery
During this time, both parties will have carried out their investigations and exchange each other’s findings and information related to the case.
Negotiation
The negotiation phase gives both parties the chance to try and reach an agreement without having to send the case to trial. This can be a challenging time, and highlights the importance of having an experienced lawyer by your side to help with the negotiations. In many cases, a settlement will be reached and that will leave the case closed.
Trial
If, however, a settlement cannot be reached during the negotiation phase, the case will go to trial, and it will be up to either a judge or a jury to decide the outcome of the case.
The importance of the right legal representation
Pursuing a wrongful death claim can be a complicated and challenging process. This is why most families will choose to hire a wrongful death attorney to help them pursue the claim and benefit from the legal knowledge and experience of an expert.
Some of the benefits of hiring a wrongful deaths attorney include:
Legal expertise and experience
One of the biggest benefits of working with a wrongful deaths attorney is their legal expertise and experience. Working with many families over the years ensures that these specialist lawyers have a deep understanding of the legal complexities involved in the case, and can use this knowledge to help build up a strong case on behalf of the family. This can give families confidence that their claim is in the right hands.
Thorough investigation and evidence gathering
A wrongful death attorney can carry out detailed investigations to help them uncover the full details of the claim. They have access to the right networks to help them gather the evidence, including witness statements and medical records. The attorney will build a strong case using the evidence they have to help ensure a positive outcome for the families involved.
Expert negotiation skills
Where possible, a wrongful deaths attorney will try to resolve a case during the negotiation stage, avoiding further stress and anguish caused by a trial. Using their skills and experience, they will present a strong case to the defendant in the hope of reaching a fair settlement.
Emotional support and compassionate advocacy
Dealing with a wrongful death can be extremely distressing for families. During this difficult time, it’s important to have someone on your side who is sensitive to your situation, and can provide you with compassionate advocacy throughout the claim. A wrongful deaths attorney will recognize the grief experienced by the families, and help ease some of the burden by shouldering the legal responsibilities. Having someone they can trust in place to represent them can make a big difference to families, and leave them feeling confident that the claim is being handled with their best interests at heart.
Maximum compensation
Hiring a wrongful deaths attorney could help families ensure they receive the maximum compensation for their claim. With their understanding of the system and history working with similar claims, wrongful death attorneys can calculate the full extent of damages, covering everything from funeral costs to loss of income. The attorney will work hard to ensure their clients receive fair compensation. While this cannot make up for their loss, it can be a step towards healing and relieving the financial strain that can be caused by the passing of a loved one.
Choosing the right wrongful deaths attorney
Choosing the right wrongful deaths attorney can have a significant impact on your final outcome. It’s an important decision, and one that shouldn’t be entered into lightly. You will find many wrongful death attorneys in Miami, but it’s vital you choose one with the skills and expertise to help your family. You should look for lawyers who have a track record of success, and possibly someone who is recommended by friends or family.
Finding a compassionate, empathetic lawyer who’s committed to your case is important. Throughout your claim, you should feel that your attorney takes the time to listen to you and answer your questions, while providing the reassurance you need during this difficult time. Choosing the right wrongful death lawyer can help give you confidence in your claim, and even help you feel like a weight has been lifted.
Get the help you need from an experienced attorney
The aftermath of a death of a loved one is an extremely difficult time, and finding an experienced wrongful death attorney can provide a lot of comfort to Miami families seeking compensation. Not only will the right attorney guide you through the legal process, but they will provide an incredible amount of support through each stage of the claim.
At the Law Office of Cary Woods II, we understand that pursuing a wrongful death claim can be tough on families. That’s why we work tirelessly to fight for what’s fair and right, and provide a much-needed helping hand during this difficult time.
If you’re thinking of making a wrongful death claim following the passing of a loved one, contact the Law Office of Cary Woods II today. Working with families in Miami, you can get in touch to discuss your case and see how we can help.
