What is a Wrongful Death Claim?

Cruise Ship, Maritime and Personal Injury Attorneys Serving Miami, Florida & Nationwide

Posted: July 20, 2018

Losing someone close to you is never easy. What makes an already difficult situation even harder is if their death was caused by the negligence of another. An untimely and unexpected death can cause tremendous emotional strain on a family, as well as create monetary hardships if that person was depended on for financial support. While the emotional impact of your loved one cannot be replaced, a wrongful death claim can help you recoup compensation for your loss.

At the Hickey Law Firm, we’re sensitive to the hardships that follow after the loss of a loved one. Our attorneys have years of experience helping immediate family members seek justice and compensation in a wrongful death case. These cases were created as a legal means of retribution when a death is caused by the legal fault of another. Unfortunately, these types of claims can be complex, as establishing negligence or fault on the other party can be difficult. However, our attorneys have the experience you can trust to help you through this trying time.

In Florida, wrongful death claims are brought by a personal representative of the deceased named in their will or estate plan, or if no will exists, a personal representative is appointed by the court. The personal representative works on behalf of the surviving family members to pursue compensation for the loss. In Florida, family members who can pursue compensation for a wrongful death include:

  • A spouse, children, or parents
  • Any blood relative or adoptive sibling who is “partly or wholly dependent on the decedent for support or services”

As with most states, Florida has a statute of limitations for when a wrongful death claim can be filed. In Florida, a wrongful death claim must be filed within two years of the date of the death. What makes a wrongful death claim more complicated than a personal injury claim is showing the multiple factors required for a successful case. This is where an experienced wrongful death attorney is important. The important factors that need to shown include:

  • The death was caused wholly or partially by the defendant
  • The defendant was strictly liable or negligent in your loved one’s death
  • There are surviving family members of the deceased
  • There is monetary loss related with the death

Whether the death was caused by medical malpractice, a motor vehicle accident, or a defective product, our attorneys are here to assist you during this time. We will fight on your behalf to pursue compensation such as funeral and burial expenses, loss of financial support and benefits, as well as for the emotional pain and suffering that accompanies this type of loss.

If you’ve lost a loved one due to the negligence of another, please contact the Hickey Law Firm by filling out the form on this page or by calling us at 305-371-8000 to schedule your free consultation. We proudly help those in need who live in and near Miami, Florida.