The unexpected, preventable death of a loved one can devastate a family, especially when someone else’s negligence led to the passing. Fortunately, after losing a loved one in an accident, families can at least file a wrongful death claim to seek closure, justice, and financial compensation. A wrongful death lawsuit holds the party who caused your loved one’s death responsible for their actions and the losses your family has sustained.
Reach out to a Miami Gardens wrongful death lawyer as soon as possible after losing a loved one. Together, your family and a Miami Gardens injury attorney like David Fuchs could honor your loved one by holding the right parties responsible for their carelessness.
What Might Cause a Wrongful Death?
There are many unfortunate accidents that might result in a wrongful death, including but not limited to:
- Car collisions
- Commercial truck wrecks
- Bicycle crashes
- Pedestrian accidents
- Motorcycle collisions
- Severe slips and falls
- Rideshare crashes
After these incidents, proving exactly what happened and who is responsible is a crucial part of collecting financial compensation. A diligent attorney in Miami Gardens can collect evidence from the accident scene, speak with witnesses, and examine any relevant police reports to demonstrate that a negligent defendant should be liable for paying the compensation awarded in a wrongful death claim.
The Process of Filing a Wrongful Death Lawsuit
It is key to understand that not anyone can file a claim after the wrongful death of a loved one. Instead, in most cases, the personal representative of a deceased person’s estate is the one who serves as the plaintiff. If the deceased individual did not appoint a personal representative in their will, or if there was no will, a court can choose a new representative. This individual will then have the power to oversee a wrongful death claim.
If a wrongful death lawsuit is successful, the negligent parties will pay financial compensation to the family of the deceased individual. Some monetary damages, such as the decedent’s lost earnings in the period between the accident and their death, are paid to the estate. If the estate paid the funeral expenses, reimbursement for those expenses also goes to the estate. Afterwards, the family of the deceased person could collect repayment for:
- Any lost income that the decedent previously contributed to the household
- The value of the services the decedent contributed to the household
- A loss of parental advice and guidance if the decedent left minor children
- The loss of the decedent’s companionship and protection if the decedent had a spouse
- The emotional pain and suffering associated with the death
- Medical or funeral expenses paid by a family member
Unfortunately, determining the extent of monetary damages that a family deserves can be complicated and time-consuming. For example, Florida Statutes §768.21 directs a judge or jury to consider multiple factors when calculating a family’s damages. Each family member is entitled to a share of compensation, depending on factors like their age and their dependence on the deceased person. For instance, adult children who support themselves typically collect less than minor children who were dependent on the deceased person. A Miami Gardens attorney can explain the likely distribution of damages in a particular wrongful death case and help a family represent their needs in court.
Reach Out to a Miami Gardens Wrongful Death Attorney to Learn More
It can be painful to think about the future when you are grieving the unexpected loss of a loved one. However, seeking damages through a wrongful death action could provide you with some closure and the compensation you need to keep your family life on track.
If your loved one died in a preventable accident, consult a Miami Gardens wrongful death lawyer. They can help you hold the responsible parties accountable so that you and your family can move forward after your loss. Call today to learn more about filing a claim.
Hundreds of Millions of Dollars Recovered for Clients
Hundreds of Millions of Dollars Recovered for Clients
Testimonials
Fuchs was my car accident attorney and was very responsive from the first call. I had medical care the next day and the whole process was smooth. They handled everything with the insurance companies and coordinated all of the necessary medical information. It was a long process and in the end the settlement I received was much higher than anticipated I am more than happy and grateful for the outcome.
Google Review
It’s been a long bumpy road to recovery but with David and his office’s help, we finally got it done! Through a great network of professionals, David Fuchs makes a good experience out of what could’ve been quite a headache. Not only did I get the medical attention I needed but I was compensated handsomely. Thank you!
Google Review
I got in an accident in December 2021 when everyone was short staffed and insurance companies was not responsive. My boyfriend reached out to David F. and what a life changing experience. We had the pleasure of having all our worries handed to professional help. They worked diligently on our case, answered questions when asked and kept us updated on changes. More importantly they didn’t settle for anything and my boyfriend and I got what we deserved. I have dealt with others in the past but David got me the most according to the facts presented and never backed down when the insurance companies tried to make us settle for less. Thank you David, Jessica and the team for all your effort and hard work. I will recommend them to family and friends. [They’re] the best in town!
Google Review
Google Review
I highly recommend Law offices of David Fuchs. Mr. Fuchs and his staff were very helpful. The case was handled in a timely manner and I was always informed if there were any changes or updates with my case.
Google Review
Mr. Fuchs is one of the hardest working attorneys that I know. He is really good at what he does and puts 110% in you case. I have been using him for 19 years now and refer all my friends to him. I can leave him alone with my case and not call him all the time. I know he is working hard in my case. When he has any information he calls me and we go from there. There are not a lot of attorneys I can do that with! If you have any Personal Injuries please do call him. You won’t be disappointed!!
Google Review
At first I was afraid…I was petrified! I truly was! But the extensive knowledge, patience and professionalism I received brought me not only such peace and assurance that I was in good hands, but we got through my case like shining stars! David made sure I understood exactly what, when, where, why and [answered] whatever question I had. I would definitely refer to this firm as the go-to Florida personal injury gurus.
Google Review
…took care of my well-being [and were] very informative about my situation. [T]hey were on the ball when it came down to settling…I highly recommend David.
Google Review
I got a really good return… thank you David Fuchs and staff for being so helpful and working so hard to help us, you are appreciated.
Google Review
The David I Fuchs law office is a group of excellent people that helped to their fullest potential. They treated me with respect and I really appreciate that. This is a great law office.
Google Review
It has been an unexpected journey since stepping foot in Florida. Never did I imagine myself getting into an accident. I just want to thank the staff and all the support. The Therapy the doctors; you guys were awesome and made me feel better in my situation. This the first time I ever experience such a thing but I’m blessed , thankful and behind it all DAVID FUCHS who made it happen for me.
Google Review
I would totally recommend David to everyone. They’re extremely professional and work in a timely manner. They helped tremendously!
Google Review
A good man knows, his law 35 years experience. Will get the job done and help you and your family get compensated for you pain and damages. I highly recommend this man. I want to revisit my review and say that Mr. Fuchs always picks up his phone and answer any questions that may pertain to my case. Thank you, David.
Google Review
David Fuchs was my car accident attorney. He was able to settle my case with little to no trouble and did so in a very professional manner. I would highly recommend him to others.
Google Review
I got into an accident for the first time and I didn’t know what do or how things works, but I was lucky to find a professional and helpful people to guide through this experience.
They did take care of my case all went good and successful thank you so much for all your help.
Google Review
Google Review
I was in a car accident and looking for a professional, caring attorney.I was fortunate to find Mr. Fuchs, who helped me through the whole process. He was there every time I called and got me a great settlement.
Google Review
Had a car accident and needed an advocate to communicate my concerns through my insurance provider. The law office of David Fuchs, was efficient and thorough. My settlement was fast, fair and professionally handled. Would highly recommend giving this office a call if you need legal assistance.
Google Review
I want to thank the office of David Fuch’s. A+++++ recommended.
Google Review
They were very helpful. I could not have asked for a better team by my side.
Google Review
I was in an accident mid last year and Mr. Fuchs handled my case and his case manager[s] Yessi and Jessica were very informative as to the process. They got me my settlement pretty quickly and worked hard on my case for me. Mr. Fuchs was extremely knowledgeable and informed me of everything that would happen in my case. I will recommend this firm to my family and friends and i will be using their services in future if need be.
Google Review