The death of a loved one is a heartbreaking experience. Even more devastating is when that death is caused by the negligence of another person or entity. The untimely, unexpected loss of someone you love can create serious emotional, mental, and financial hardship for you and your family. And when that loss was caused by the carelessness or improper conduct of another, your family may be able to pursue a wrongful death claim and be eligible for a legal settlement.
Wrongful death cases can be difficult to navigate, not only because of the sensitivity of the circumstances but also because establishing negligence and blame can be hard to accomplish. The experienced wrongful death attorneys at the Hickey Law Firm can help your family through this difficult time. Our attorneys have had many years of experience with this type of case and will fight for you in your time of need.
If you feel that your loved one died as the result of another’s negligence, please contact the Hickey Law Firm by calling 305-371-8000 for a free case review. Our lawyers can help your family file a wrongful death lawsuit and guide you through the entire process. We proudly serve those who live in and near Miami, Florida.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal means for surviving family members of the deceased to pursue compensation for their loss. When a loved one dies because of the legal fault of another person or entity (such as a car manufacturer), the immediate family has the right to file a lawsuit to recover financial damages, especially when the deceased was the head of the household or primary financial earner.
As mentioned above, wrongful death cases can be complex, making it important to seek professional counsel to aid you during this difficult time. Some of the important determining factors for having a successful wrongful death claim include:
- Showing the death was caused in whole or in part by the defendant
- Showing that the defendant was strictly liable or negligent in the victim’s death
- There are surviving family members of the deceased
- There is monetary loss associated with the death
Who Can File a Wrongful Death Claim in Florida?
In Florida, the law requires that the personal representative of the deceased person is to file the wrongful death claim. Generally, the personal representative is named in the deceased person’s will or estate plan. When no will or estate plan exists a personal representative will be appointed by the court.
The personal representative files the claim on behalf of the surviving family members and estate and must include all survivors who have an interest in the case. While those who can pursue financial compensation vary from state to state, in Florida those who can seek justice and compensation for a wrongful death include:
- The deceased person’s spouse, children, and parents
- Any blood relative or adoptive sibling who is "partly or wholly dependent on the decedent for support or services"
At the Hickey Law Firm, our attorneys understand the emotional and financial difficulties brought about by the untimely death of a loved one. We’re here to protect your family against the predatory tactics of insurance companies and to fight for the justice you deserve.
Common Wrongful Death Causes
There are several factors that may cause a wrongful death. Our injury lawyers have experience working with wrongful death cases where victims have been lost due to the following:
- Car accidents
- Medical malpractice
- Defective products
- Cruise ship accidents
- Cruise ship assaults
- Railroad accidents
- Dangerous properties
- Work-related accidents
Contact the Hickey Law Firm for a free review of your case. Our attorneys will thoroughly investigate the circumstances of your loved one's tragic death and discuss your legal options.
Wrongful Death Compensation
Our lawyers will work tirelessly to get you the compensation you deserve. Our goal is to determine that there was a person or organization at fault for your loss. We’ll take the time to get to know you and your family and determine all of the ways that your tragic loss has affected each and every one of you, emotionally and financially.
If you’ve lost a loved one due to negligence, you and your family may be eligible to pursue compensation for the following:
- Loss of income and support
- Loss of benefits
- Loss of future earnings
- Loss of retirement funds
- Loss of companionship, guidance, and protection
- Funeral and burial expenses
- Emotional and mental pain and suffering
As with every type of case, there are statutes of limitations for filing a wrongful death case in Florida. In Florida, a wrongful death claim must be filed within two years of the date of death. Under a few special and specific circumstances the deadline may be postponed but it’s important to speak with an experienced attorney right away.
Read More About Wrongful Death Lawsuits in our Blog
Contact Our Experienced Wrongful Death Lawyers Today
When your loved one has died as result of any negligence of another person, you may be eligible to file a claim. A Miami injury attorney from our firm will review your case free of charge and advise a course of action to help ensure your family is justly compensated for your financial loss and suffering.
If you would like to learn more about the wrongful death claim process, please contact the Hickey Law Firm online or call 305-371-8000 for a free consultation. Our Florida wrongful death lawyers will help you through the entire lawsuit process.