Miami Wrongful Death Lawyer

At Schiller Kessler Group, we understand that losing a loved one due to someone else’s negligence is devastating and can leave you and your family with deep emotional pain. When faced with such a heartbreaking situation, it’s important to have a compassionate team by your side. 

As a trusted Miami wrongful death lawyer, we have over three decades of experience and are committed to helping you seek justice for your loved one. We approach each case with care and professionalism, recognizing the profound impact this loss has on your family.

If you’re seeking guidance from a Miami personal injury lawyer, The Schiller Kessler Group is ready to stand with you every step of the way. Our goal is to help you find peace and justice during this challenging time.

Who Can File a Wrongful Death Claim in Florida?

If you’re considering legal action for the loss of a loved one, it’s important to understand who can file a wrongful death claim. As your Miami catastrophic injury lawyer, we’ll guide you through the process with care and clarity.

Typically, wrongful death claims can be filed by:

• The decedent’s spouse
• Their children
• The decedent’s parents
• Other dependent blood relatives or adoptive relatives

Our attorneys will work closely with the personal representative of your loved one’s estate to initiate the wrongful death claim on behalf of all eligible beneficiaries.

Once the legal action is completed, the personal representative is responsible for collecting the damages and distributing them to you and other rightful heirs. We’re here to provide support and make sure that the process is handled with the utmost care.

What Qualifies as a Wrongful Death in Florida?

A wrongful death occurs when someone loses their life due to another’s mistake or wrongful act. In such cases, certain family members may have the right to pursue a wrongful death lawsuit to seek financial relief for their loss.

If the victim could have sought damages had they survived, a wrongful death lawsuit is likely an option for their loved ones.

Key Elements of a Wrongful Death Case

To move forward with a wrongful death claim, the family must demonstrate that:

• The defendant’s actions led to their loved one’s death.
• The defendant had a legal duty to the victim and failed to uphold it.
• The family has suffered significant emotional and financial losses as a result.

Civil vs. Criminal Cases

It’s important to understand that wrongful death lawsuits are civil cases and are not intended to punish the defendant. Instead, these cases allow families to seek financial support for outstanding expenses and loss of income.

As your Miami wrongful death attorney, our legal team is here to help you navigate this difficult time with care and professionalism.

Common Causes of Fatal Accidents in Florida

Our Florida wrongful death law firm has handled numerous cases stemming from various tragic incidents.

Common reasons for filing a wrongful death lawsuit in Florida include:

• Car accidents (with over 3,400 fatalities reported in 2023 by Florida Highway Safety and Motor Vehicles)
• Motorcycle accidents
• Construction accidents
• Medical malpractice or medical negligence
• Defective products 
• Bus and truck accidents
• Boating accidents
• Slip and fall incidents related to premises liability
• Pedestrian accidents

Families often face overwhelming challenges after these tragic incidents. We are here to provide the support and legal guidance you need during this difficult time, helping you pursue justice for your loved one and secure the financial relief your family deserves.

Identifying Liable Parties in Wrongful Death Cases

When a deceased person loses their life due to negligence, there can be multiple liable parties involved. Our legal team diligently investigates to hold the appropriate individuals and entities accountable, such as:

• Negligent drivers
• Bus and trucking companies
• Product and equipment manufacturers
• Local government agencies
• Maintenance crews
• Property owners and managers
• Dog owners

Proving that the responsible party failed to uphold their duty of care toward your loved one is a critical aspect of your case.

Our Miami wrongful death attorneys are committed to gathering the necessary evidence to support your personal injury claim and help your family find justice during this difficult time.

Financial Compensation in Florida Wrongful Death Claims

In Florida, the financial compensation you may receive for a wrongful death claim depends on the unique details of your case.

Our legal team carefully evaluates every aspect, working with experts to determine the appropriate compensation. Key considerations include:

• Funeral expenses and burial expenses
• Medical expenses related to the deceased person’s injury
• Wages your loved one would have earned
• Loss of companionship, guidance, and support
• Mental pain and suffering for the family

Additional Damages to Consider

Beyond these, you may also be eligible for punitive damages, which are intended to hold the responsible party accountable.

Additionally, the loss of services your loved one provided, such as childcare and household maintenance, can be factored into your claim.

Our goal is to help you secure the financial compensation needed to support your family—finances should be the last thing you need to worry about. 

Understanding the Wrongful Death Statute

The wrongful death statute sets the deadline for filing a lawsuit after a loved one suffers fatal injuries. In Florida, families have two years from the date of death to pursue legal action.

Working with an Insurance Company

It’s crucial to keep this time limit in mind, especially when dealing with an insurance company. They may attempt to delay the process, which could jeopardize your ability to file within the statute of limitations.

If your loved one has suffered fatal injuries, it’s essential to consult with a legal professional as soon as possible. They will help you understand the wrongful death statute in Florida and take the necessary steps to pursue justice for your family.

Compassionate Legal Support for Wrongful Death Cases

Losing a loved one in a fatal accident is an unimaginable pain, and you shouldn’t have to face it alone. With over three decades of experience, The Schiller Kessler Group is here to support you.

As a Miami wrongful death lawyer, we understand the deep emotional toll these situations take on families. Our legal team is committed to helping you seek the justice your loved one deserves while providing the compassionate guidance you need.

If your family is struggling with the loss of a loved one due to someone else’s negligence, please reach out to The Schiller Kessler Group. We’re here to stand with you and help you take the necessary legal steps during this overwhelming time.