A wrongful death claim in Miami, Florida, is a legal action taken when someone’s death results from the negligent, reckless, or intentional actions of another person, company, or entity. A personal representative can file this claim on behalf of surviving family members to seek compensation for the financial and emotional losses suffered due to the death.
At The Russo Firm, we can handle the legal steps of the process and pursue the maximum compensation that you and your family deserve at this difficult time. For a free case evaluation and legal consultation with an experienced Miami wrongful death attorney, please call us at (786) 688-2800 or contact us online today.
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Miami Wrongful Death Guide
- Why Select Us?
- How Much is a Miami Wrongful Death Case Worth?
- Who Can File a Wrongful Death Claim or Lawsuit in Miami?
- How Do You Prove the Legal Elements of a Wrongful Death Case in Miami?
- Fighting the Insurance Company in a Miami Wrongful Death Case
- Steps to Take in a Wrongful Death Claim
- Talk with a Knowledgeable Miami Wrongful Death Lawyer Today
Why Select Us?
Losing a loved one is never easy, especially when that loss results from someone else’s negligent, reckless, or wrongful conduct. At The Russo Firm, we will take the burden off you and your family’s shoulders and handle the entire legal process for you. Our compassionate attorneys have a strong track record of success, both with settling and litigating wrongful death cases in Florida.
You can view our most recent case results and client testimonials on this site.
Our corporate office is conveniently located at 1221 Brickell Avenue, Suite 900, Miami, FL 33131.
How Much is a Miami Wrongful Death Case Worth?
If you’re pursuing a wrongful death claim in Miami, Florida, determining how much the case is worth depends on several factors, including the circumstances surrounding the death, the financial losses your family has suffered, and the specific laws in Florida. While each case is unique, there are general guidelines for understanding the potential value of a wrongful death claim.
Types of Compensable Damages in a Wrongful Death Claim
In Florida, a wrongful death lawsuit seeks to compensate the surviving family members for both financial and emotional losses. The law allows a personal representative – on behalf of certain individuals – to file a claim. The types of losses (or damages) for which you can seek compensation include:
- Economic Damages: These are damages that compensate for financial losses directly resulting from the death. They can include:
- Medical expenses: If the deceased incurred medical bills prior to death due to the incident, these may be reimbursed.
- Funeral and burial expenses: The cost of funeral services and burial can also be covered.
- Lost income and future earnings: If the deceased was a primary breadwinner, the surviving family members may receive compensation for the income the deceased would have earned if they had lived. This also includes any loss of benefits, such as pension or retirement funds.
- Loss of services: If the deceased contributed to household work, child care, or other family duties, the family may be compensated for the value of those services.
- Non-Economic Damages: These damages are more subjective and compensate for the emotional pain and suffering resulting from the death. Non-economic damages may include:
- Loss of companionship and emotional support: Surviving family members can be compensated for the loss of love, care, and support the deceased provided.
- Pain and suffering: If the deceased experienced pain before death, there may be compensation for their suffering.
In some cases, when the death resulted from gross negligence or intentional misconduct, the court may award punitive damages. These are designed not to compensate the family but to punish the wrongdoer and deter future reckless behavior. Florida has specific limits on punitive damages, usually capped at three times the amount of compensatory damages – or $500,000.
The value of your wrongful death claim will depend on many factors, including the deceased’s age, earning potential, and the emotional toll the loss has taken on the family. In Miami, like the rest of Florida, wrongful death cases can settle for amounts ranging from tens of thousands to millions of dollars, depending on the complexity and case circumstances.
Who Can File a Wrongful Death Claim or Lawsuit in Miami?
There are many different situations that can lead to a wrongful death claim in Florida. Some common occurrences include:
- Car Accidents: When a driver’s negligence – such as speeding, driving under the influence of alcohol, or distracted driving – causes a fatal car crash, the deceased’s personal representative can pursue a wrongful death claim against the at-fault driver.
- Medical Malpractice: If a healthcare provider fails to provide the standard of care, and this leads to the death of a patient, the personal representative may have grounds for a wrongful death lawsuit. Examples include surgical errors, misdiagnosis, or failing to treat a condition properly.
- Workplace Accidents: In some workplace accidents, if an employer’s negligence contributed to the fatality, the surviving family members may be entitled to wrongful death compensation (such as if a construction site accident occurs due to poor safety measures or equipment failure).
- Premises Liability: If someone dies due to unsafe conditions on someone else’s property – such as slipping on a wet floor in a store or a fatal fall from an unsafe balcony – the negligent property owner may be held responsible for wrongful death.
- Defective Products: If a product is defective or dangerous and causes a fatal injury, such as a car malfunction or a faulty medical device, the manufacturer or seller may be held liable in a wrongful death case.
In Florida, only specific individuals are entitled to wrongful death compensation. These typically include the spouse, children, or parents of the deceased person.
A wrongful death claim can help surviving family members seek compensation for medical bills, funeral expenses, lost income, and emotional distress resulting from the death. The experienced Miami wrongful death lawyers at The Russo Firm will ensure that all legal requirements are met and that the claim or lawsuit is filed correctly – and in a timely manner.
How Do You Prove the Legal Elements of a Wrongful Death Case in Miami?
To successfully prove a wrongful death claim or lawsuit in Miami, Florida, the personal representative of the deceased’s estate (usually a family member of the deceased) must demonstrate that the at-fault party’s (the defendant’s) actions directly caused the death. This requires presenting evidence that shows negligence, recklessness, or intentional wrongdoing. Florida law sets specific requirements for proving these claims, so understanding what types of evidence are necessary is critical for building a strong case.
- Duty of Care: The claimant must first show that the defendant had a legal obligation to act with reasonable care. For example, a driver has a duty to drive safely and follow traffic laws, and a doctor has a duty to provide proper medical care to patients.
- Breach of Duty: The plaintiff must prove that the defendant failed to meet that duty. This can include actions such as texting while driving, failing to maintain safe premises, or making a medical error during surgery.
- Causation: The claimant must further establish that the defendant’s breach of duty directly caused the death. For instance, if a driver’s reckless speeding led to a crash, it must be shown that this crash caused the victim’s fatal injuries.
- Damages: Finally, the claimant must prove that the surviving family members suffered harm as a direct result of the death. This includes economic losses (like medical bills and lost income) and non-economic damages (like emotional pain and suffering).
Types of Evidence Necessary When Proving a Wrongful Death Claim
To prove these elements, various types of evidence can be vital in a wrongful death case, including:
- Medical Records: These are vital to prove the cause of death. They can show the victim’s injuries, the treatment provided, and the connection between the injuries and the cause of death. Medical records can also establish whether there was any malpractice involved in the death.
- Witness Testimony: Eyewitnesses can testify about the circumstances surrounding the death, such as the actions of the defendant. For example, a witness to a car accident can confirm if the at-fault driver was speeding or ran a red light.
- Expert Testimony: Experts, such as medical professionals, accident reconstructionists, or forensic specialists, may be called to testify. They can explain how the defendant’s actions caused the death and what the effect of the injuries would have been.
- Police Reports: If the death was the result of an accident or crime, police reports can provide important details about the incident, including statements from the defendant and any citations or charges filed.
- Photographs or Video Evidence: Images from the accident scene or security cameras can establish how the event occurred and who was at fault.
- Financial Records: Documents showing the deceased person’s income, financial contributions to the family, and funeral expenses can establish the economic damages that the surviving family members have suffered (and which they may continue to suffer).
Collecting and presenting these types of evidence is essential to proving a wrongful death claim or lawsuit in Miami.
Fighting the Insurance Company in a Miami Wrongful Death Case
Fighting the insurance company in a Miami wrongful death claim or lawsuit can be challenging, especially when dealing with large insurance companies whose goal is to minimize payouts. However, the experienced Miami wrongful death lawyers at The Russo Firm can fight on you (and your family’s) behalf to ensure you receive fair compensation for your loss.
- Investigation and Evidence Collection: Our first step is to thoroughly investigate the incident that led to the wrongful death. We can gather vital evidence, such as medical records, police reports, witness testimony, and expert opinions, to build a strong case. The insurance company will try to undermine your claim by questioning the facts, but we will ensure that the evidence clearly supports your side.
- Calculating Full Damages: Insurance companies often try to offer a low settlement, hoping you’ll accept quickly. We will calculate the full value of your claim, including medical bills, funeral costs, lost income, and emotional distress. Our goal is to make sure that all of your economic and non-economic losses are properly considered so the insurance company doesn’t undervalue your case.
- Negotiating with the Insurance Adjuster: Insurance adjusters are skilled at persuading claimants to accept less than what they deserve. We have experience in negotiating with these adjusters to secure the compensation you deserve. We will push back against any tactics the insurance company uses to reduce your payout.
- Litigation if Necessary: If the insurance company refuses to offer a fair settlement, we are fully prepared to take your case to court. We will represent you through the entire litigation process, fighting for your rights in front of a judge and jury.
Steps to Take in a Wrongful Death Claim
If you are considering a wrongful death claim in Miami, it’s important to take immediate and thoughtful steps to protect your legal rights and build a strong case. The first thing you should do is gather all relevant documentation. This includes police reports if the death was the result of an accident or criminal act. These reports provide important details about the incident, including witness statements, the actions of the defendant, and any charges filed.
Next, obtain medical records that document the deceased’s injuries and treatment. These records are essential in proving that the death directly resulted from the defendant’s actions. You should also keep any funeral bills and other related expenses, as these will be part of the damages sought in the case.
After gathering these documents, it’s important to speak with a knowledgeable Miami wrongful death attorney as soon as possible. At The Russo Firm, we can guide you and your family through the legal process, advise you on the next steps, and protect your interests. We can also begin collecting additional evidence, such as witness statements or expert opinions, and negotiate with insurance companies to ensure you recover fair compensation for your loss.
Talk with a Knowledgeable Miami Wrongful Death Lawyer Today
At The Russo Firm, our experienced and compassionate lawyers will handle the wrongful death claim or lawsuit process for you, allowing you and your family the time you need to grieve for your lost loved one. For a free case evaluation and legal consultation with an experienced Miami personal injury attorney, please call us at (786) 688-2800 or contact us online today.
Schedule a Free Initial Consultation Today!
The Russo Firm – Miami Office
1221 Brickell Ave Suite 900
Miami, FL 33131
Phone: (786) 688-2800