Over Half a Billion Recovered for Personal Injury Victims
The loss of a loved one is devastating to all family members. However, it can be even more devastating when you believe the loss of a loved one is due to a deliberate act or a careless act of another person.
When you believe that your loved one would have lived had it not been for the actions or inactions of another person, you may want to consult with a wrongful death attorney in Miami.
Florida Wrongful Death Attorney Explains the Law
Under Florida statues, there are specific requirements surrounding a wrongful death claim which must be adhered to. Some of the requirements include:
- The personal representative of the decedent must file the suit
- The suit may be filed on behalf of parents, children or spouses
- The suit may be filed on others who are dependent on the decedent for support
- The suit must be filed within two years of the date of death
In the event a decedent dies intestate (without a will) the court may appoint a representative. In most cases, this will be the spouse; if there is no spouse, the court will ask the other heirs to agree upon a representative and if they cannot agree, the court will appoint a representative.
Call the Attorneys at Paul K. Schrier, PLLC today at (800) 700-7285, and we’ll be there for your family every step of the way.
Types of Wrongful Death Claims
To be considered a wrongful death, it must be proven that a person acted in a negligent, careless or reckless manner and that the decedent would have survived had it not been for the actions. A wrongful death lawsuit attorney can help you determine whether you have a case. Some of the common reasons for filing a wrongful death claim include:
- Medical malpractice – including avoidable surgical errors, failure to detect an illness or drug errors as well as nursing home abuse that causes death.
- Car accidents – when a driver is drunk or distracted and causes an accident that result in death.
- Defective drugs and products – manufacturers’ failure to properly test a product or drug and as a result, you lost a loved one.
It is important to work with your wrongful death claims lawyer to ensure that the proper parties are held accountable for the death of a loved one. Not all cases are easy to prove; in the case of a drunk driver it may be simple but other cases can be far more complicated.
Damages in a Wrongful Death Lawsuit
Wrongful death claims are often challenging to prove and at The Law Offices of Paul K. Schrier, PLLC our goal is to work with you to determine who was at fault for the death and make sure they are held accountable. The damages that may be sought in a wrongful death claim include:
- Financial support – when you have lost current and future financial support as a spouse or child, we will do everything possible to get the maximum amount of compensation.
- Costs associated with death – including medical expenses as well as funeral, burial or cremation expenses will be compensated should you be successful with your case.
- Pain and suffering – the pain and suffering of both the victim and family members is often taken into consideration when making this determination.
- Spouse’s damages – we will fight to recover compensation for loss of companionship and protection as well as pain and suffering from the date of the accident that ultimately resulted in the death of your partner.
- Children’s damages – when there are minor children of a decedent who died as a result of a deliberate act, we will seek damages for lost parental companionship, guidance and instruction as well as mental pain and suffering.
- Parental damages – when you lose a child due to someone’s negligence we will recover compensation for pain and suffering.
- Punitive damages – because someone acted in a manner that was considered intentional or grossly negligent, we will seek the maximum punitive damages under the law. Not only is this important for the family of decedents but it also sends a clear message their behavior was not acceptable.
Working With a Florida Wrongful Death Attorney
If you have lost a loved one because someone else behaved in a manner that was reckless or negligent, call the Law Offices of Paul K. Schrier, PLLC at (800) 700-7285 for an immediate, free case review and evaluation.