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Wrongful Death

Losing a loved one unexpectedly is heartbreaking and traumatic. Money will never be enough to make someone who lost a family member or loved one whole again. On top of that, the last thing most people want to consider during a loved one’s death is a lawsuit.

However, if the death of your loved one came as a result of another person’s negligence or wrongful actions, that individual should be brought to justice, and you deserve to receive compensation for your loss. Hiring an experienced wrongful death lawyer can alleviate the monetary loss of a family after a wrongful death.

Lawyer for Wrongful Death in Miami-Dade County, FL

Abrams Justice Trial Attorneys looks to help people in tragic situations. Our wrongful death lawyers understand the pain and suffering of families losing a loved one, which in return results in our aggressive vigor inside the courtroom.

If you lost a loved one as a result of someone else’s actions, you want to not only hold them criminally accountable but make them compensate for the monetary costs associated with your decedent’s death. The legal team at Abrams Justice Trial Attorneys knows you are in a period of grief. Still, they hate to see you lose a chance at obtaining compensation that can alleviate the financial stress associated with your loved one’s death.

Call (305) 709-0880 for a confidential consultation or fill out one of our case reviews forms at the bottom of the page. At, Abrams Justice Trial Attorneys, we will claw for every dime because we know clients have gone through enough damage. Abrams Justice Trial Attorneys proudly serves clients in the greater Miami-Dade area, including Miami, Homestead, Hialeah, Pinecrest, Miami Gardens, Miami Beach, North Miami, Doral, Coral Gables, and Cutler Bay.

Miami, FL Wrongful Death Information Center

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When Can Someone Sue for Wrongful Death?

Wrongful death is similar to a personal injury case, in which the incident comes as a result of the following:

  • Wrongful act – A wrongful act means something done intentionally, such as an assault, battery, manslaughter, or murder.
  • Negligence – In the wrongful death context, this means an accidental incident caused by someone who owed a duty of care to the deceased, breached that duty, and the breach caused the accident and death. Proving all of the above elements is necessary to win a negligence case.

A personal injury case would have the victim suing for monetary losses such as surgery or rehabilitation. In a wrongful death case, though, the victim is not alive anymore, so his or her family can sue for the monetary losses endured on their part as a result of the victim’s death. Such examples include:

  • Income loss (a dead husband whose income supported his whole family)
  • Hospital Costs
  • Funeral and burial costs
  • Loss of companionship and suffering, which can result in health costs (i.e., counseling, psychological help, social work, etc.)

Wrongful death is also separate from criminal proceedings. A person can be charged for a crime and can be sued by the survivors of a victim at the same time. The person accused of the crime will face criminal proceedings such as jail time or probation; however, that alone doesn’t alleviate any current or future monetary losses that the victim’s family has to endure due to the injury. The outcome of one case, criminal or wrongful death, does not necessarily affect the result of the other either. An individual that is found not guilty for a murder charge can still be sued for damages owed to the victim’s family as a result of the murder.

There many instances in which wrongful death would apply. A drunk driver whose negligence causes the victim’s death is the most obvious example. There are other less obvious examples, like that of medical malpractice. A doctor might have prescribed the wrong medication or the wrong dose, which ultimately led to the victim’s death. Surgery could have also resulted in being fatal.

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Types of Wrongful Death Cases

Essentially, any personal injury case can turn into wrongful death. Like personal injury, the theory of negligence can be applied in cases of wrongful death. A common example can be a drunk driving accident, in which the drunk driver was negligent in their driving ultimately leading up to an individual’s death. Additional examples can include:

  • Medical Malpractice
    • A medical malpractice resulting in wrongful death can happen when a hospital, doctor, or healthcare physician owing a duty of care to the patient causes a death as a result of their reckless behavior or negligent action. Examples can include:
      • Prescription errors
      • Surgical errors
      • Anesthesia errors
  • Premises Liability
    • Premises liability resulting in a wrongful death can come as a result of a negligent action failing to maintain or secure the premises. The liability is usually attributed to the owner of the premises, or person or company in charge of the premise. Examples can include:
      • Slip and falls
      • Poor safety protocols
      • Inadequate maintenance
      • Poor security measures
      • Poor building structure
      • Elevator accidents
  • Product Liability
    • Product liability in a wrongful death case include cases in which a certain product error lead to the death of an individual. The product error is usually found in the stages of the formulation, manufacturing, construction, design, installation, preparation, or assembly of the product. Some examples can include:
      • Personal care or beauty products
      • Poorly made furniture
      • Defective clothing
      • Inadequate labeling

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Who Can Sue for Wrongful Death?

Not anyone can file a lawsuit for wrongful death. Florida state law states that only the following individuals are allowed to sue for the wrongful death of someone else:

  • Surviving spouse
  • Minor children of the decedent
  • Parents of the minor deceased child (adult child, if there are no other survivors)
  • Decedent’s representative

In a wrongful death case, the person submitting the lawsuit will be one of the victim’s family members or personal representatives, as stated above. Usually, if there is a will, a personal representative is appointed by the terms of the will itself. If there is no will, then the probate court will appoint a personal representative (i.e., spouse, minor children, surviving children). Although the personal representative is the only one presenting the case, the personal representative is suing on behalf of the victim’s estate and all potential beneficiaries of the estate.

In terms of recovery compensation, the law specifically addresses the loss of the survivors. These include the spouse, children, parents, and any blood relatives and adopted siblings that were dependent on the deceased.

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What Can Be Recovered in a Wrongful Death Suit?

Florida law outlines a wide array of damages that can be sued for by the survivors in a wrongful death case. Recovery will come only in the form of money and will be paid to the estate before being distributed to the appropriate beneficiaries. Below are some of the types of money damages that can be recovered in a wrongful death suit.

  • Each survivor can recover the value of lost support and services with interest as well as future loss of support and assistance. Part of calculating support is the victim’s probable net income relative to their expected life expectancy and the life expectancy of their survivors.
  • Surviving spouses can recover for loss of companionship and protection, as well as mental pain and suffering.
  • Minor children of the deceased can recover for lost parental companionship, instruction, and guidance, and mental pain and suffering.
  • Parents of deceased children can recover for mental pain and suffering. If the child is an adult, mental pain and suffering can only be recovered if there are no other survivors.
  • Medical and funeral expenses can also be recovered.

Similar to personal injury, you only have a certain amount of time to file a claim for wrongful death. Per the statute of limitations under Florida law, you have within two years of the date of the death of the victim to file a wrongful death lawsuit for the victim.

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Miami-Dade County, FL Wrongful Death Resources

Florida Law | Wrongful Death Definitions  – This link leads to the definition section of the Florida statute on wrongful death. There are some interesting features in here including how certain calculations are made.

Mothers Against Drunk Driving | Help Page– The Mothers Against Drunk Driving (MADD) page dedicates itself to the prevention of drunk driving. This page began due to amount of people that have been killed due to a drunk driver. Find more resources if your loved one was killed because of a drunk driver.

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Wrongful Death Attorney in Miami, Florida

The hole left by an unexpected death can feel bottomless to the loved ones left behind. While it is understood that no money won can fill the loss of a loved one, the attorneys at Abrams Justice Trial Attorneys can do as much as make life a little easier for the survivors of the tragedy. If you have grounds to sue for a wrongful death that left your family broken, get the compensation you deserve to avoid any further financial loss.

The legal team at Abrams Justice Trial Attorneys wants to help you hold individuals accountable. Though the individual might have gone through criminal punishment, a wrongful death attorney can make them pay for the financial loss you face day to day after your loved one’s absence.

Abrams Justice Trial Attorneys represent wrongful death victims in the communities of North Miami, Miami Beach, Miami Gardens, Doral, Homestead, Cutler Bay, Hialeah, Coral Gables, and Pinecrest. Call (305) 709-0880 to make an appointment for a consultation or fill out a free consultation review sheet at the bottom of the page.

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