The unexpected loss of a loved one is a devastating experience, particularly when their death was caused by another person’s negligence or misconduct. If you find yourself in this heartbreaking situation, our Miramar personal injury lawyers can help you get justice.
At The Schiller Kessler Group, we deeply understand the profound impact of losing a cherished family member due to someone else’s actions. With more than three decades of experience and a proven track record of securing compensation for over 30,000 Florida injury victims, we know we can help you.
We are committed to offering powerful and effective legal representation with the utmost levels of excellence, empathy, and integrity. These are essential in deeply painful situations like wrongful death. Reach out to our Miramar wrongful death lawyers for guidance during this difficult time.
Why Choose The Schiller Kessler Group for Your Wrongful Death Claim?
Our team has dedicated over 30 years to representing Floridians in their legal claims. We recognize the immense challenges of pursuing justice after losing a loved one and are committed to providing compassionate support throughout the process.
When you entrust your case to our capable hands, you can have confidence that you are working with the right law firm.
Our impressive history of success is a testament to the trust we have earned within the local community. We invite you to explore our case results to learn more about the successful outcomes we have achieved for our clients.
More people choose The Schiller Kessler Group because they know that we’re a cut above other personal injury law firms.
What Constitutes a Wrongful Death in Miramar?
According to Florida law, a wrongful death occurs when an individual dies due to the negligence, wrongful act, default, or breach of contract of another party.
In other words, if someone’s careless, reckless, or intentional behavior leads to your loved one’s premature passing, you may have a valid wrongful death claim. Common examples of incidents that can lead to wrongful death lawsuits in Miramar include:
- Motor vehicle accidents, including car, truck, or motorcycle crashes caused by negligent drivers
- On-the-job accidents resulting from unsafe working conditions or inadequate safety equipment
- Medical malpractice incidents, such as surgical mistakes or delayed diagnosis
- Defective products that malfunction and lead to fatal injuries
- Premises liability accidents, including slip-and-falls or drownings in swimming pools
The goal of a wrongful death claim is to provide grieving family members with compensation for the loss of their loved one. Additionally, the estate of the deceased may be eligible for certain types of damages, depending on the specific circumstances surrounding the death.
No matter what time of day it is, you can contact The Schiller Kessler Group to schedule a free, no-obligation consultation.
Who Is Eligible to File a Wrongful Death Lawsuit in Miramar?
Under Florida law, the personal representative of the deceased person’s estate is responsible for filing a wrongful death lawsuit on behalf of the surviving family members. This personal representative is usually named in the deceased’s will or estate plan. A court can appoint one if there isn’t a will.
At The Schiller Kessler Group, we work closely with the immediate family members of the deceased to help them identify who can bring the lawsuit or to have a personal representative appointed by the court, allowing you to initiate your case.
Who Can Recover Damages in a Wrongful Death Lawsuit in Florida?
The following individuals may be entitled to recover damages in a Miramar wrongful death case:
- The deceased person’s spouse, children, and parents
- Any blood relative or adoptive sibling who was partially or wholly dependent on the deceased for support or services
Additionally, the estate of the deceased may also qualify for certain damages. It’s important to know that damages are not limited to the person who files the lawsuit. All eligible people can get a share of the damages as portioned out by the court and Florida laws.
Establishing a Wrongful Death Claim in Miramar
To prevail in a wrongful death lawsuit, your attorney must demonstrate the following elements:
- Duty of care: The defendant had a duty to exercise reasonable care toward your loved one.
- Breach of duty: The defendant breached this duty through negligent or wrongful conduct.
- Causation: The defendant’s breach of duty was the direct cause of your loved one’s death.
- Damages: You and your family incurred losses as a result of the wrongful death.
Collecting evidence to substantiate these elements is essential to win your case. Our team will gather accident reports, medical records, witness statements, expert testimony, and other relevant documentation to get the proof necessary to win.
Damages Recoverable in Miramar Wrongful Death Cases
If your wrongful death lawsuit is successful, you may be entitled to recover various types of damages, such as:
- Medical expenses and funeral costs related to the deceased’s final injury or illness
- Lost income and benefits the deceased would have earned had they survived
- Loss of companionship, guidance, and support provided by the deceased
- Emotional pain and suffering endured by the surviving family members
The specific damages you can recover in a wrongful death case will vary based on the unique facts of your case. Our attorneys can help you assess your losses and fight tirelessly to secure the maximum compensation you are entitled to receive.
The Time Limit for Filing a Florida Wrongful Death Lawsuit
In Florida, there is a statute of limitations for filing wrongful death lawsuits. Generally, you have two years from the date of your loved one’s death to file a claim. Failing to meet this deadline may result in the court barring you from seeking compensation.
However, there is a notable exception in cases involving murder and manslaughter, as outlined in Florida Statute 95.11(10). There is no time limit for wrongful death claims caused by these acts. Our Miramar wrongful death attorneys can help you understand how the statute of limitations applies to your particular situation.
Seek the Assistance of a Dedicated Miramar Wrongful Death Lawyer
If you suspect that your loved one’s death in Miramar was the result of someone else’s negligence or wrongdoing, it is crucial to seek legal guidance promptly. At The Schiller Kessler Group, we provide personalized attention and regular communication to ensure that you are always informed about the progress of your case.
Contact our office today to schedule a complimentary consultation with one of our experienced Miramar wrongful death lawyers. Allow us to help you pursue justice for your loved one and secure the compensation your family needs during this challenging time.
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