The Dante Law Firm, expert Wrongful Death Lawyers in North Miami Beach, will represent you and your family and will ensure you get compensated to the fullest extend of the law. The legal definition of a Wrongful Death is the taking of the life of an individual resulting from the willful or negligent act of another person or persons.
Originally, wrongful death statutes in Florida were created to give financial support for widows and orphans. It was also an impetus to encourage people to exercise care to prevent injuries. When a wrongful death action is filed in South Florida, it is separate and apart from criminal charges, and neither proceeding has bearing on the other. A defendant acquitted of criminal murder charges still may be sued in a civil action by the victim’s family for wrongful death.
An action for wrongful death may be brought in Miami and throughout the state of Florida for either an intentional or unintentional act that causes an injury that results in death. These incidents do not have to happen in Miami or in Florida for a Florida resident to bring a wrongful death action. Some examples of wrongful death are: a blow to the head during an altercation that later results in death; the driver of an automobile who unintentionally causes the death of another in an accident; and an individual in Miami-Dade or anywhere who, in violation of local law, neglects to enclose a swimming pool in his yard can be held liable for the omission or failure to act if a child is attracted to the pool and subsequently drowns.
In Florida a law suit that arises from the death of an individual that was caused by the conduct of another, becomes a wrongful death claim. When this type of claim is filed in Miami, it is brought to recover damages to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death. The plaintiff in a wrongful death action is the personal representative of the decedent. Fla. Stat. 786.20 In Florida wrongful death cases, special consideration is given to the statute of limitations. Generally, you have two years from the time of the decedent’s death to file a law suit (Fla. Stat. 95.11). Wrongful death actions based on medical malpractice, however, are governed by the medical malpractice statute of limitations which may extend your right to sue to four years (Fla. Stat. 95.11).
To determine the amount of damages in a wrongful death action, many variables need to be taken into account. Wrongful death lawsuits may recover medical and funeral expenses; additionally, they may recover the amount equal to the economic support they could have received if the decedent had lived. In some instances, the survivor may receive a sum of money to compensate for grief or loss of services or companionship. In the state of Florida, the amount of damages recoverable by statutory beneficiaries is dictated by Florida Statute 768.21. Damages — All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. This Florida Statue goes on to outline damages that are recoverable.
In all matters involving wrongful death, it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the imposed statute of limitations.
In order to assess your claim in a Wrongful Death case, please contact the Dante Law Firm, P.A. now at 305-949-2526. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds.