Miami Wrongful Death Attorney

MIAMI WRONGFUL DEATH ATTORNEY

In wrongful death cases, the surviving family members can claim monetary compensation for their losses. The family has suffered a grievous and irreparable injury that cannot be undone with money. But, the compensation they can get can at least lessen their emotional and financial burden. To recover damages for the death of a loved one, you need an experienced Miami wrongful death lawyer to prove liability on behalf of your relative.

At The Soffer Firm Miami Personal Injury Attorneys, our experienced wrongful death attorneys have sought compensation for many surviving family members of persons dying from neglectful acts. Contact us today to see if we can help you out!

WHAT IS A WRONGFUL DEATH?

Death is part and parcel of life. Someone else's negligence should not cause this. When death happens because of negligence, it is a wrongful death case. Wrongful death is a claim against someone liable for death. One can file a wrongful death lawsuit when an entity's fault and recklessness cause their loved one's death.

TYPES OF WRONGFUL DEATH CASES OUR PERSONAL INJURY FIRM HANDLES

The types of wrongful death cases we handle include:

Automobile accidents:

This type of wrongful death case is the most common. Vehicle accidents cause a large number of fatalities each year. Those responsible for these deaths are accountable in court.

Medical malpractice:

If a patient dies because their doctor or medical professional failed to provide proper treatment, it can qualify as medical malpractice, which is punishable by law. Medical malpractice also applies when evident neglect or a health professional is providing the wrong medications. It includes misdiagnosis or delayed diagnosis and inadequate service.

Construction accidents:

If your loved one died while working on a construction site managed by their employer or general contractor (GC), you could sue both parties for wrongful death. Miami Wrongful Death Attorney will prove the negligence of others with their skilled investigation and legal expertise.

Products liability cases:

Sometimes defective products lead to severe personal injuries or death even if used according to instructions. If you or your loved one were in that situation, you should consult an experienced Miami Wrongful Death Attorney.

Nursing home neglect:

If your loved one died while under the care of a nursing home or assisted living facility, you may be able to take legal action against them. The damages for their death and suffering would allow you to recover from this event.

Trucking accidents:

Like other vehicular accidents, fatal truck crashes are one of America's leading causes of wrongful death.

Airplane crashes:

If a plane crashes due to pilot error or another kind of negligence, you may have grounds for legal action.

Slip and fall deaths (premises liability):

If someone dies in a store, hotel, or other property due to unsafe conditions known to the owner and not fixed in time, you may be able to hold them accountable for your loss.

HOW TO PROVE LIABILITY FOR A WRONGFUL DEATH CASE IN MIAMI?

When you think wrongful death occurred, you must seek the help of a Miami wrongful death lawyer. Through their skills and legal expertise, they can prove someone's liability. Your wrongful death lawsuit attorney must look for the following:

Evidence

When you first meet with your Miami wrongful death lawyer, they'll ask for any proof that can help them build a strong case on your behalf. These include police reports, medical records, eyewitness statements, or surveillance footage (if available).

Liability

The person responsible must have been negligent in some way before their actions caused someone's death. Your attorney needs to demonstrate this through witness testimonies and other evidence which may show that another party was at fault for your loved one's accidental demise.

Damages

The final step is to prove the financial losses that your family has suffered, such as funeral expenses and lost wages. Your Miami wrongful death attorney will present these damages along with other data to convince a jury of what you're owed for your loss.

WHO CAN FILE A WRONGFUL DEATH LAWSUIT?

Any surviving family member of the deceased can file a wrongful death lawsuit. If no one can file charges on behalf of their loved ones, an estate executor may do so instead. In this case, it's not called "wrongful," but rather "survival." Besides, in cases where the plaintiff pressed criminal charges against the defendants, the party can still pursue civil claims on top of the wrongful death claim. In both circumstances, you must prioritize hiring a Miami wrongful death attorney before moving to the next process.

DAMAGES ONE CAN RECOVER IN A WRONGFUL DEATH CASE

Once you decide to pursue a wrongful death case, your Miami wrongful death attorney must explain what compensations you'll get once you win the case. Here are some of the damages that you can recover after a wrongful death case.

Loss of financial support. If your loved one's death caused you to suffer a significant loss in income, your Miami wrongful death attorney would work with economists and other experts who can help quantify the value of their contributions.

Pain and suffering compensation. There are several cases where someone died as a result of another person's actions. In these situations, survivors can recover damages for their emotional distress. But they need to prove that the defendant's negligence caused their loved one's death.

Funeral expenses. If you incurred substantial costs associated with your loss, your Miami wrongful death attorney must help you recover some or all of them, depending on the nature and extent of your financial losses.

Loss of inheritance. If your loved one was the primary breadwinner and they died as a result of another person's actions, you deserve compensation equal to the loss of their future earnings and other financial contributions they would have made.

Medical bills. If you need medical care for severe emotional distress or mental anguish, Miami wrongful death attorney can help recover your treatment costs.

WHEN SHOULD I HIRE A WRONGFUL DEATH ATTORNEY IN MIAMI?

It's never easy to deal with the death of a loved one, especially when another person caused it. However, even if you understand that someone else is at fault for what happened, not everyone has access to Miami wrongful death lawyers. And because of some deadlines, including statutes of limitations (the time limit on bringing legal claims), taking action right away allows families more leeway as they move forward through their grief process.

To help you select the right wrongful death attorney, here are some of the things you need to consider.

Experience. Make sure you choose a Miami wrongful death lawyer who had successfully represented wrongful death cases before.

Track record of success. This is especially important when it comes to choosing an attorney with experience. They will likely know what to do to win your case. This includes gathering evidence, witnesses' statements, legal arguments presented, and the like.

WHY CHOOSE THE SOFFER FIRM MIAMI PERSONAL INJURY ATTORNEYS FOR YOUR WRONGFUL DEATH CLAIMS?

The Soffer Firm Miami Personal Injury Attorneys is a leading and respected law firm based in Miami, Florida. We have helped countless clients throughout the state of Florida. And our Miami wrongful death attorneys are among the most experienced in their field. No matter what type of case you're dealing with, whether a car accident claim or workplace injury lawsuit, the Soffer Firm will fight for your rights and make sure that you get your compensation.

We will be happy to speak with you about your case, explain what we can do for you, provide legal advice and legal options, and answer any questions that are on your mind. At The Soffer Firm, we take care of the people who entrust us with their cases, not only when it's easy but also when they face difficult times throughout the legal process.

MIAMI WRONGFUL DEATH FAQs

Here are some of the most asked questions about wrongful deaths in Miami.

How Is the Amount of Damages Determined?

The number of damages will vary from case to case. It depends on the wrongful death attorney you choose, the nature and extent of your losses, etc., but more often than not, it includes:

Loss of inheritance. Includes future earnings, financial support, and other contributions your loved one would have made to the family.

Funeral expenses. If you incurred substantial costs associated with their death, such as funeral services or burial fees.

Loss of companionship: It occurs when someone's presence in a person's life brings joy. This can also include emotional distress caused by witnessing the accident that led to their loved one's death if it was severe enough.

Medical bills for physical injuries or emotional distress caused by another person's negligence. In cases where someone died because they weren't given proper medical care (especially in a hospital), the wrongful death lawyer must recover those costs as well. However, that's only possible if the patient requiring treatment was under somebody else's supervision at the time when they needed immediate attention yet didn't receive it. For example, their nurse failed to call an ambulance even when the patient's condition was severe enough to require it.

What Are Punitive Damages?

Punitive damages punish the wrongdoer for their actions and deter future misconduct. They're only awarded in special cases where a defendant's conduct was reprehensible, malicious, or intentional (or reckless). In this case, the court considers beyond "negligence" or carelessness because there was a willful disregard for another person's rights or safety.

Miami's wrongful death attorney can help you fight for them if they apply to your case. But be aware that punitive damages come with stricter requirements for proving fault than regular compensatory ones. Why? Because they relate more toward punishing someone rather than providing financial support restitution.

Is Wrongful Death Hard To Prove?

Wrongful death cases require proof that the defendant's action (or inaction) led to a loved one's death, making the case very complicated. For instance, if your mother died due to medical malpractice in Miami and you want to file a wrongful death claim against her doctor and the management, you need to show enough evidence that:

  • Your mom was hospitalized.
  • Her diagnosis was wrong/inadequate, or delayed by an unreasonable amount of time.
  • The treatment she received fell below what other doctors at similar institutions consider appropriate care for patients with her condition(s).  

If any of these are true, it might be possible for you to win your case depending on your Miami wrongful death attorney's expertise. Your attorney must prove that the defendant caused the accident and must hold accountability in court. This can take time, especially if you don't have enough evidence supporting your case.

Do I Need an Attorney to Pursue a Wrongful Death Case?

Yes. But it depends on your circumstances and whether or not the defendant is willing to settle out of court before it goes any further. Because if they are, you don't need a Miami wrongful death attorney to represent you.

It isn't always the family filing for damages in these cases, but other affected people can pursue it as well. For instance, someone died from cancer after working at a chemical plant full of toxic fumes. The wrongful death attorney must investigate the workplace because it's somehow responsible for the death. In this case, even the deceased's best friend can file for a wrongful death lawsuit because his life won't be the same forever.

How Are Damages Divided in a Case with Many Defendants?

The defendants are each responsible for the full extent of damages. For instance, if there were three people who all contributed to your loss by neglecting their responsibilities in some way, then you would receive a sum from each defendant equal to what they owe and nothing more (unless they're willing to come up with more money on their own).

The Soffer Firm wrongful death attorney has years of experience in these types of cases. So they can help establish what happened first-hand. It includes whether or not any injuries led towards someone's death since that is one factor that judges use in assigning fault and percentage shares among multiple wrongdoers.

How Quickly Should I Contact an Attorney After the Death of a Loved One?

As soon as possible unless you're under the care of a doctor. So it's in your best interest to consult with Miami's wrongful death attorney while time is still on your side.

What Do Wrongful Death Lawsuits Do?

They provide financial compensation for the survivors of someone who died because of another person or entity's wrongdoing. For instance, if a loved one got killed in an accident related to defective car parts, their family could file a wrongful death claim against the company that made them.

CONTACT THE MIAMI WRONGFUL DEATH ATTORNEYS AT THE SOFFER FIRM TODAY

If someone close to you died and you believe that another entity caused this death, you or your family members can file a wrongful death lawsuit. This can help you receive the fair compensation you deserve. So contact The Soffer Firm for a free consultation today. Our Miami wrongful death lawyer from our team will get back with answers as soon as possible. We offer a free initial case evaluation to all clients.

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