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.