What Are Miami’s Wrongful Death Laws?

Miami Wrongful Death Attorney | Dolan Dobrinsky Rosenblum Bluestein

There is no worse pain than the unexpected and tragic death of a loved one. When you find out that someone else’s irresponsibility has caused the death and that the accident could have been avoided, the pain cuts deeper. It is often recommended to have some questions answered after a loved one’s death because it may be a wrongful death case. 

While filing a lawsuit and obtaining monetary compensation may never be enough to replace the pain of losing a loved one, it might be your last chance to speak for the deceased. If the victim was the breadwinner of your family, you might also be worried about your future financial condition. A wrongful death personal injury lawyer can help you. 

What is a wrongful death claim under Miami, Florida law?

Under Florida law, a death that occurs due to a wrongful and negligent act is referred to as wrongful death. The immediate family members of the deceased are given the right to seek monetary compensation from the responsible party. 

Here are some examples of wrongful deaths: 

  • Fatal accident at work.
  • A criminal act resulting in life-threatening injuries or instant death.
  • Failing to act responsibly or according to their legal duty to avoid death.
  • Causing a fatal accident due to recklessness and responsibility. 
  • Selling a defective product knowing that it will cause deaths and injuries. 

Family members who can obtain monetary compensation include: 

  • Spouse
  • Children under 25 years 
  • Parents
  • Blood relatives or adoptive siblings (only if they were dependent on the deceased at the time of their death)

What types of damages can you recover from a wrongful death lawsuit?

Immediate family members and other eligible relatives are entitled to a number of economic and non-economic damages. 

Economic damages include the following: 

  • Medical expenses incurred before their death.
  • Funeral or burial expenses.
  • Property damages.
  • Lost wages. 
  • Loss of financial security. 

Non-economic damages include: 

  • Loss of companionship.
  • Loss of protection.
  • Loss of parental companionship, instruction, and guidance.
  • Mental pain and suffering.

It is difficult to determine the costs of non-economic damages as pain is abstract and cannot be calculated with numbers. To ensure you get compensated fairly, you must consult with an attorney and determine the dollar value of your economic damages. 

Additionally, you may also be able to impose punitive damages, where you claim that someone has intentionally caused the death through their actions. Punitive damages do not come in the form of money but punish the defendant. 

Leave a Reply