North Miami Beach Wrongful Death Attorney
Death from an avoidable accident is a tragedy that happens to far too many families. In many cases, families turn to life insurance to help them continue to pay for bills and support. However, in cases where someone’s untimely death is caused by negligent acts or omissions, the surviving family members may be able to take the responsible parties to court and fight for compensation for their loss.
If you lost a family member to an accident or another deadly incident caused by someone else’s intentional or negligent acts, contact The Law Offices of Prosper Shaked today. Prosper Shaked is a North Miami Beach wrongful death attorney, and he may be able to take the responsible parties to court and fight to get you the compensation you need to keep going. For help with your case, contact our law offices today at (305) 690-0244.
Parties Who Can Sue for Wrongful Death in Florida
In most cases, the deceased’s surviving family and estate can recover compensation for wrongful death. The law typically assumes that a “family” consists of a husband and wife, plus any children they care for. Florida’s wrongful death statute is a bit more expansive and actually allows additional parties to sue for the wrongful death of a loved one.
The statute specifically gives the right to sue for wrongful death to the “spouse, children, parents, and” any other dependents the deceased cared for. This means that siblings, grandparents, cousins, and other relatives the deceased may have provided for can also recover compensation for wrongful death. The term “spouse” is also gender neutral, allowing LGBT spouses to sue for their spouse’s death.
Other parties may have more difficulty suing. Some “families” consist of fiancées and fiancés, cohabitating boyfriends or girlfriends, close friends, or even roommates. Florida’s wrongful death statute does not normally allow these individuals to sue on behalf of a deceased loved one in their own right. However, the law does allow the deceased’s “personal representative,” typically appointed in their will, to sue on behalf of the estate. If you are entitled to an inheritance under a loved one’s will, a wrongful death lawsuit on behalf of the estate may recover compensation for you.
In any case, the lawsuit is literally filed in court by the deceased’s personal representative. Talk to an attorney for help understanding who this person is and how to file a wrongful death lawsuit.
Damages in Wrongful Death Lawsuits in Florida
No amount of money can replace a loved one, but the damages you receive can help pay for your family’s continued financial support and the costs associated with your loss. These damages are not to be taken lightly and can become a vital part of your family’s economic well-being. When filing a wrongful death suit, speak with an attorney about the damages available in your case to get a sense of what your claim could be worth, and never accept a settlement for less than you deserve without consulting an attorney first.
The basic damages from wrongful death most commonly include the cost of medical expenses and funeral expenses caused by the injury and eventual death, plus the value of lost wages and services caused by the deceased’s death. The value of medical expenses can be easily calculated from medical bills for end-of-life care, as can the cost of funeral and burial expenses. Other damages are harder to calculate.
To calculate damages for lost wages, you must make financial projections to calculate the compensation you deserve. Your attorney may use financial experts and actuaries to predict the total wages your loved one would have been able to make during their lifetime had they survived. These damages can also include the value of services your deceased loved one provided for your family, including the lost value of the daily chores they performed around the house and other losses you may not think about.
Any other expenses you face because of the loved one’s death can also be paid as damages in a wrongful death suit. The care and counsel you lost for the death of a parent, the companionship you lost from the death of a spouse, and the pain of losing a child cannot be calculated through financial records, but these damages can nonetheless be paid in a wrongful death lawsuit. In many cases, these damages can make up a large part of the total compensation.
Filing a Wrongful Death Lawsuit in Florida
Filing a claim with the courts can be a complicated and confusing process. Typically, lawsuits require paperwork beyond simple forms to submit to the court, and you must file your claim on time and in the proper manner to ensure the court will hear your case. Your attorney can help you file your lawsuit with the court and put forth a strong argument throughout the case.
Fighting the case in court without the skill and experience of a wrongful death attorney can endanger your case and potentially have your claim denied or have the damages reduced. Make sure to take your case to an experienced personal injury and wrongful death lawyer to help maximize your damages and aggressively pursue the compensation you deserve.
Contact Our North Miami Beach Wrongful Death Lawyer for a Free Case Consult
If a loved one was killed in an accident, died from medical negligence, or passed away after using a defective product or dangerous drug, contact The Law Offices of Prosper Shaked. Our North Miami Beach wrongful death lawyer fights cases on behalf of the family of the deceased and works to get them the compensation they deserve. To schedule a free consultation and learn more about the filing deadlines and potential damages in your case, contact our law offices today at (305) 690-0024.