If you have experienced the death of a loved one due to the negligence, recklessness, or willfulness of some person or company , then please know that all our attorneys and staff at Dante Law Firm send our sincerest condolences. Our Miami Wrongful Death Attorneys understand the extreme emotional stress you and your loved ones are experiencing. Please know that we are here to help you.
In Florida, there are specific requirements for who can file a claim. The regulations are called the 768.16 “Florida Wrongful Death Act”. This statute provides everyone with the legal ramifications for someone who has been killed due to a wrongful act. If you are the surviving spouse, parents, or children of the loved one then it is expected for you to create a claim. Florida, unlike other states, also recognizes any other blood relatives and any adopted brothers or sisters. Florida also allows anyone who has evidence that they were partially or wholly dependent on the one who passed away. Unlike other states, Florida is more expansive on who can file a claim.
When you file a wrongful death claim, you are representing your loved one in court and claiming justice for the death. This kind of claim can be filed alongside a criminal charge. Either of these claims will not influence each other because they are filed separately. The outcome does not influence each other either. The burden of proof for a wrongful death claim is less than that for criminal charge. In a criminal charge a just must find that beyond a reasonable doubt that your loved one was harmed. For a wrongful death claim, as a civil suit, the burden of proof is much lower and sometimes you don’t even have to have a jury majority in order to have some success on your claim. Our Wrongful Death Attorneys at Dante Law Firm know the intricacies of what needs to be included in such a claim. We have the experience and resources to ensure that your case is investigated properly and you have quality witnesses to ensure your story is told the right way. When you decide to file, our wrongful death attorneys will ensure that your claim is not past the two year mark of statute of limitation.
As in any case, the outcomes vary. Florida statute was created to ensure that when a claim is successful then the plaintiffs are awarded at most the “net accumulation” of the decedents. For example, you are entitled to financial income had the loved one still lived including pension benefits and salary. You are entitled for funeral expenses and any medical expenses too. Let our Wrongful Death Attorneys at Dante Law Firm take care of the intricacies of this suit while you grieve and recover from your loss. Call 305-949-2526 or click here to get more information on how we can help you on this journey of seeking justice for your loved one.