Sometimes, life gives the hardest of twists: the death of a loved one. And worse, it will be the outcome of personal injuries caused by negligence, mal-intent, or being in the wrong place at the wrong time.
Such a death is termed a wrongful death legally, and the deceased person’s family members can sue for compensation. Wrongful death was the third leading cause of death in 2017 in Florida.
There is a practically unlimited number of ways a wrongful death can occur, and you will need to build a strong, evidence-based case to prove the perpetrator’s guilt. Miami Personal Injury lawyers will do that and more to make sure that you get the compensation and justice you deserve.
How They Can Help
Florida has a myriad of laws governing personal injury and wrongful death. It can be easy for the perpetrator to find a loophole in them and escape if not careful. A Miami personal injury lawyer is experienced with all the laws and ways to handle wrongful death cases, and you will gain all of those benefits if you hire them.
Collection of Evidence
In cases of wrongful death, the police do the majority of the investigation. They will collect all the evidence related to the incident. This is crucial when you go ahead with suing the perpetrator.
This evidence will also determine if the death occurred due to negligence or intentional attack. In the latter, a criminal case can be built against the perpetrator as well.
Your personal injury lawyer will be adept at collecting all of the necessary evidence provided by the police. They will also investigate their own if needed to gather other evidence they might deem necessary through interviews and talks with the defense lawyers.
Determine Who Can File
States differ when it comes to filing lawsuits in case of wrongful death. Florida only allows a personal representative of the deceased or the executor to file one.
If in case of medical negligence, only the spouse or minor child of the deceased is allowed in Florida to file for wrongful death, with the minor being defined as a child of age 25 or lower.
Your personal injury lawyer can also advise you on who can file the lawsuit based on the prevailing situation.
Build The Case To Prove The Death As Wrongful
Florida mandates the following of specific codes and methods in proving that wrongful death has occurred and a particular person, group, institution, or corporation is responsible for it.
First is the Statute of Limitations that restricts the time allowed for the authorized person(s) to file the lawsuit based on the incident’s time. In Florida, this limit is two years.
Your lawyer will do the necessary to ensure that the case will be filed within this time. They will then proceed with the available evidence to file a civil or criminal lawsuit as the case may be.
Your lawyer must prove the following for a successful cause of action in Florida wrt wrongful death:
- The accused behaved in a manner that amounted to wrongful act, negligence, default, or breach of contract/warranty, as the case may be.
- This conduct has resulted in the death of the decedent.
Represent You in Court
Your personal injury lawyer will represent you in the appointed court and argue on your behalf.
They will call the necessary witnesses and produce evidence that will help prove the guilt of the other person to the maximum extent possible under the comparative negligence laws of Florida.
This will ensure that you get the maximum compensation for the many types of losses you have suffered, like injury before death and associated medical charges, mental and emotional suffering, economic losses, etc.
rongful death is always sudden but with lasting impacts. A Miami personal injury lawyer can help ease some of the burdens that result from it.