Miami Wrongful Death Lawyers Fighting For Families in Florida
Our attorneys can help you pursue a wrongful death lawsuit for your loss
Losing a loved one in an accident due to negligence is a devastating experience that leaves families grappling with emotional and financial burdens. The wrongful death attorneys at Romanow Law Group fight for grieving families in Miami and across Florida, holding negligent individuals, businesses, and other entities accountable.
Wrongful death lawsuits are unique and often involve complex circumstances, such as car accidents, medical malpractice, or unsafe premises, where negligence led to a preventable tragedy. These cases require a compassionate yet skilled approach to ensure families secure the compensation they deserve for funeral costs, lost income, and the emotional toll of their loss.
Pursuing justice in a wrongful death case is never easy, especially when insurance companies and responsible parties push back. Proving negligence and calculating the full extent of damages requires experience and diligence. At Romanow Law Group, our Miami wrongful death lawyer has the knowledge and resources to handle these challenging cases, giving families the support they need. Contact us today for a free consultation and let us help you navigate this difficult process with care and determination.
FAQs About Wrongful Death Claims in Miami
- What qualifies as a wrongful death claim in Miami, and how is negligence determined?
- Who can file a wrongful death lawsuit in Florida, and are there specific rules for Miami families?
- What is the difference between wrongful death and survival actions in Florida?
- How do survival actions work in Florida, and what damages can be recovered?
- What types of accidents or incidents commonly lead to wrongful death claims in Miami?
- What damages can surviving family members recover in a Miami wrongful death case?
- How is the value of a wrongful death claim calculated in Florida?
- Can I file a wrongful death claim if my loved one died in a Miami motorcycle accident?
- How does Florida’s statute of limitations affect wrongful death claims in Miami?
- What evidence is important in proving a wrongful death claim in Miami?
- Can a wrongful death lawsuit hold businesses accountable for unsafe premises in Miami?
- How do insurance companies handle wrongful death claims, and why should I have a lawyer?
- Are punitive damages available in Miami wrongful death cases, and when are they awarded?
- Can multiple parties share liability in a Miami wrongful death lawsuit?
- Why should I hire a Miami wrongful death lawyer to handle my case?
What qualifies as a wrongful death claim in Miami, and how is negligence determined?
A wrongful death claim arises when someone’s negligence, recklessness, or intentional actions result in another person’s death. In Miami, these cases require proving that the responsible party failed in their duty of care. Key elements that determine negligence include:
- Duty of care: Establishing that the at-fault party had a responsibility to prevent harm, such as a driver obeying traffic laws.
- Breach of duty: Demonstrating that the responsible party acted negligently, such as speeding or failing to maintain safe premises.
- Causation: Linking the breach of duty directly to the victim’s death.
- Damages: Showing that the death caused financial and emotional harm to surviving family members.
Proving negligence can be complex, but a Miami wrongful death lawyer can investigate the details of your case and build a strong claim on your behalf.
Who can file a wrongful death lawsuit in Florida, and are there specific rules for Miami families?
In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate, as designated in their will or appointed by the court. This individual files on behalf of surviving family members, such as spouses, children, and parents, who can recover damages. Miami families face the same rules, but unique local factors, like heavy traffic on major roadways like I-95, often contribute to these claims. Consulting a lawyer familiar with Miami’s conditions and Florida law can help ensure all eligible family members are properly represented.
What is the difference between wrongful death and survival actions in Florida?
Wrongful death and survival actions are related but distinct legal claims in Florida. Each serves a different purpose:
- Wrongful death claims: Filed by surviving family members to recover damages for their personal losses, such as emotional distress, loss of companionship, and funeral expenses.
- Survival actions: Pursued on behalf of the deceased’s estate to recover damages the victim could have claimed had they survived, such as medical expenses or lost wages.
Both types of claims are important for securing justice and compensation, but they require different approaches. A lawyer can help you determine which type of claim applies to your case and ensure all legal avenues are explored.
How do survival actions work in Florida, and what damages can be recovered?
Survival actions allow the deceased’s estate to recover damages the victim would have been entitled to had they lived. These claims focus on the losses suffered by the victim before their death. Common damages include:
- Medical expenses: Costs of treatment incurred before the victim passed away.
- Lost wages: Earnings lost during the time the victim could not work before their death.
- Pain and suffering: Compensation for the victim’s physical and emotional distress before they passed.
- Property damage: Reimbursement for any property loss or damage related to the incident.
A survival action complements a wrongful death claim and can maximize the compensation available. An experienced Miami wrongful death lawyer can guide you through filing both claims.
What types of accidents or incidents commonly lead to wrongful death claims in Miami?
Wrongful death claims in Miami often result from a variety of tragic incidents. Common causes include:
- Motor vehicle accidents: Crashes involving cars, trucks, or motorcycles caused by speeding, DUIs, or reckless driving.
- Medical malpractice: Errors such as misdiagnosis, surgical mistakes, or improper treatment.
- Premises liability: Fatal injuries from falls, drowning, or criminal acts due to unsafe property conditions.
- Workplace accidents: Deaths resulting from construction accidents, equipment failures, or hazardous conditions.
- Defective products: Fatalities caused by dangerous or malfunctioning consumer products.
If you’ve lost a loved one due to one of these incidents, a lawyer can help identify the responsible parties and pursue justice on your behalf.
What damages can surviving family members recover in a Miami wrongful death case?
Surviving family members can recover several types of damages in a wrongful death claim to address the financial and emotional losses caused by their loved one’s death. These damages may include:
- Funeral and burial expenses: To cover the cost of honoring the deceased.
- Loss of income: Compensation for the deceased’s financial contributions to the family.
- Loss of companionship and guidance: Recognizing the emotional impact of losing a loved one.
- Mental pain and suffering: Compensation for the grief and emotional distress experienced by family members.
- Medical expenses: Reimbursement for the deceased’s treatment before they passed.
Calculating these damages requires careful documentation and legal expertise. A lawyer can ensure your claim accurately reflects the full extent of your losses.
How is the value of a wrongful death claim calculated in Florida?
The value of a wrongful death claim in Florida depends on several factors, including the deceased’s age, income, and the relationship between the deceased and their surviving family members. Damages can include lost financial support, funeral expenses, and emotional suffering. For instance, if a loved one who provided for their family was killed in an accident on US-285 in Albuquerque, the loss of future income would be a key component of the claim. A lawyer can help calculate these damages to reflect the full extent of your loss.
Can I file a wrongful death claim if my loved one died in a Miami motorcycle accident?
Yes, you can file a wrongful death claim if your loved one died in a Miami motorcycle accident caused by another party’s negligence. Common causes include distracted driving, speeding, or failure to yield, often occurring on busy streets like US-1 or the MacArthur Causeway. Proving negligence in these cases requires evidence like accident reports, witness statements, and expert testimony. An attorney can help gather this evidence and ensure you pursue maximum compensation.
How does Florida’s statute of limitations affect wrongful death claims in Miami?
In Florida, families have two years from the date of death to file a wrongful death lawsuit. This time frame applies statewide, including Miami. However, exceptions may apply, such as when the death involves government entities or medical malpractice, which can affect the timeline. Acting quickly ensures critical evidence, like surveillance footage or eyewitness accounts, is preserved. A lawyer can help you meet all deadlines and ensure your case is filed properly.
What evidence is important in proving a wrongful death claim in Miami?
Strong evidence is crucial for proving liability and damages in a wrongful death claim. Important evidence includes:
- Accident reports: Official documentation that outlines how the incident occurred.
- Medical records: Proof of the injuries and treatment leading to the victim’s death.
- Witness statements: Testimony from people who saw the incident or can verify unsafe conditions.
- Photographs or videos: Visual evidence of the accident scene, injuries, or unsafe property conditions.
- Expert opinions: Input from professionals, such as medical or accident reconstruction experts, to establish fault and damages.
A lawyer can collect and organize this evidence to build a compelling case for compensation.
Can a wrongful death lawsuit hold businesses accountable for unsafe premises in Miami?
Yes, businesses in Miami can be held accountable for wrongful deaths caused by unsafe premises. Examples include inadequate lighting, broken security systems, or failure to address known hazards. For instance, a wrongful death claim might arise if a fatal assault occurred at a poorly secured nightclub in Wynwood. A lawyer can investigate the incident, identify property owner negligence, and hold them liable for failing to protect patrons or visitors.
How do insurance companies handle wrongful death claims, and why should I have a lawyer?
Insurance companies often try to minimize payouts in wrongful death claims, making it difficult for grieving families to secure fair compensation. Common tactics include:
- Delaying claims: Hoping you’ll settle for less due to financial pressure.
- Disputing liability: Arguing that the at-fault party wasn’t responsible.
- Undervaluing damages: Offering settlements that don’t reflect the full extent of your losses.
A Miami wrongful death lawyer can negotiate with insurers on your behalf, ensuring you receive the compensation you deserve without falling victim to these tactics.
Are punitive damages available in Miami wrongful death cases, and when are they awarded?
Punitive damages may be awarded in Miami wrongful death cases if the at-fault party’s actions were particularly egregious or reckless. These damages are intended to punish the responsible party and deter similar behavior in the future. For example, a drunk driver who caused a fatal crash on the Dolphin Expressway might face punitive damages in addition to compensatory damages. A lawyer can help determine whether your case qualifies for punitive damages and present evidence to support your claim.
Can multiple parties share liability in a Miami wrongful death lawsuit?
Yes, multiple parties can share liability in a Miami wrongful death lawsuit if more than one entity contributed to the fatal incident. For example, in a construction accident on I-95, liability might fall on the property owner, a contractor, and equipment manufacturers. Florida’s comparative fault rule allows fault to be divided among responsible parties, with each paying their share of the damages. A lawyer can identify all liable parties and ensure they are held accountable to maximize your compensation.
Why should I hire a Miami wrongful death lawyer to handle my case?
Wrongful death cases are legally complex and emotionally challenging, making professional representation essential. A lawyer can:
- Investigate the case: Gather evidence and identify all liable parties.
- Navigate legal processes: Handle Florida’s statutes and filing deadlines to protect your claim.
- Negotiate settlements: Ensure insurance companies offer fair compensation.
- Advocate in court: Present a strong case if the claim goes to trial.
With a Miami wrongful death lawyer on your side, you can focus on healing while your attorney fights for justice and the compensation you deserve.
Justice for your loved one starts here
If you’ve lost a loved one due to someone else’s negligence, Romanow Law Group is here to fight for your family. As a trusted Miami wrongful death attorney, we are dedicated to holding negligent parties accountable and securing the compensation you deserve. With our no-win, no-fee guarantee, there’s no risk in seeking justice. Contact us today for a free consultation, and let us help you navigate this difficult time with care and determination.
