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Miami Wrongful Death Attorneys

Have you recently lost a loved one to an accident in Florida? Our Miami wrongful death attorneys at Bernstein and Maryanoff know this is a difficult and overwhelming time for you and your family. We want to help you seek justice on behalf of your loved one and hold the responsible party accountable for their actions.

Contact our team today at (800) 429-4529 to learn how we can help you through this challenging time by getting you the financial relief you need now.

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What Constitutes a Wrongful Death Case?

A wrongful death case is when a death occurs because of the intentional or negligent act of another person or entity. It is a case based on the fact that the victim should not have died. The person passes away because the responsible party did not act as a reasonable person would under the same circumstances. As a result, the victim’s next of kin can bring a wrongful death case to claim compensation and hold the wrongdoer accountable for their negligence.

Remember, a wrongful death case doesn’t have to be based on intentional actions. Simple negligence is enough to hold a wrongdoer accountable. The purpose of the case is to provide financial compensation as a measure of justice for the accident and the terrible harm that resulted.

Types of Wrongful Death Cases

Wrongful death can be the result of any accident. Types of wrongful death cases may include deaths that occurred due to:

  • Car accidents
  • Rideshare accidents, including Uber and Lyft accidents
  • Crashes that involve commercial drivers, like truck drivers
  • Motorcycle accidents
  • Unsecured loads on the roadways
  • Products liability, failure to warn consumers of dangers that come with the use of a product
  • Property hazards, including premises liability like slip and falls
  • Being struck by or stuck in between heavy equipment
  • Other types of construction accidents
  • Electrocution
  • Exposure to dangerous chemicals

A wrongful death may occur because of a single, acute injury. It may also occur because of chronic exposure to danger. Our Miami personal injury attorneys can investigate the circumstances surrounding your family member’s death to see whether you can claim compensation.

Who Has the Right to Sue for Wrongful Death?

After losing a loved one in an accident, you may be wondering what you can do to fight for justice on your family member’s behalf. Any of the following parties may have the right to sue for wrongful death in Miami:

  • Spouse
  • Children
  • Parents
  • Another blood relative who depended on the victim for support or services

Who can sue for wrongful death depends on what family survives the victim and the state law that applies to the claim. Be sure to ask for an individual evaluation of the claim to determine who has the right to sue for wrongful death in your case. Our Miami wrongful death lawyers can help you take the right steps in order to get financial compensation for your loss.

What Damages Can I Collect in a Wrongful Death Claim?

To calculate a wrongful death settlement, think of how your family has suffered because of losing your loved one. Some of your losses are financial, while others are mental and emotional. Your life is changed forever in an instant. All of these types of damages are devastating and worthy of compensation. Here are some examples of losses that you may include when you calculate a wrongful death settlement:

  • Medical bills of the victim
  • Final expenses for the victim
  • Lost income that the victim would have contributed to the family
  • Compensation for services that the victim used to provide for the family, like household tasks and caring for children
  • Loss of access to future benefits like a pension
  • Additional compensation for loss of a loved one including companionship, health and guidance
  • Compensation for the loss of life and enjoyment of life

Once you identify the categories of losses, the next step is valuing those damages. Some losses are economic, while some are non-economic. Economic losses can be totaled by looking at receipts and the actual expenses that the family suffers. Non-economic damages are more complicated to calculate. However, all wrongful death cases result in extreme suffering and losses for the victim and their family. A wrongful death attorney can make sure that your case represents all of the damages that your family suffers.

Who Pays for a Wrongful Death Lawsuit?

Who pays for a wrongful death lawsuit is the person or party who causes the accident to occur. To determine who pays, look at whose actions cause the accident. The person who brings about the accident based on the same personal injury laws applicable in all cases is the person who pays for the accident. A party like a business or company can be responsible for paying for a wrongful death lawsuit. 

Remember, there may be more than one party who is responsible for paying a wrongful death lawsuit. Also, there may be an insurance policy that can step in and provide compensation to ensure that the family receives the financial payment they deserve. Naming the appropriate parties in your claim is very important. A Miami wrongful death attorney can ensure your rights are protected as you determine who to name in your wrongful death case.

What Is Florida’s Wrongful Death Law?

Florida’s wrongful death law is Florida law 768.19. The law says that there is a legal cause of action when a death is due to negligence. The right to sue is based on the same circumstances in which victims would have been able to sue if they had not passed away from their injuries.

In addition to this law, Florida law 95.11(4)(d) creates a two-year statute of limitations to bring a legal claim for wrongful death. This is shorter than the typical four-year limit that applies in most personal injury cases. However, some exceptions can extend the time limit in certain circumstances.

Why Choose Bernstein & Maryanoff?

Since 1983, we’ve been fighting for accident victims. Our founding partners, Jack Bernstein and Neil Maryanoff, are proud graduates of the University of Miami. With over 75 years of legal experience combined, our leaders have the expertise and passion for getting results. Together, they’ve won millions of verdicts for deserving accident victims and served as the leading voice for Florida families who need help after an accident.

The Bernstein & Maryanoff team is a carefully crafted group of attorneys and legal professionals who know how to get results. And there’s always a friendly and understanding voice ready to answer your questions and help you understand each step. We’re proud of the way that we help accident victims. We invite you to meet with our legal team to explore how we can help you, too.

No-Obligation Consultation With Our Miami Wrongful Death Lawyers

If you suddenly lost a loved one due to another party’s negligence and are unsure where to turn, you’re not alone. The Miami wrongful death attorneys at Bernstein & Maryanoff want to help you seek justice. See why we’re Florida’s trusted leader for wrongful death claims. Contact our team to schedule a free and confidential consultation with our compassionate attorneys today.

No Fees Unless We Win Protecting Your Rights Since 1983

Bernstein & Maryanoff do their best to make sure you get the maximum compensation for your injuries. Please call us before you speak to an insurance company.

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