Wrongful Death Lawyer

Miami Wrongful Death Attorneys

Filing a Wrongful Death Lawsuit in Florida

The death of a loved one is arguably the most difficult experience any of us can go through. Your family is now missing a member, and it can feel nearly impossible to overcome that loss. Worse, you may have reason to believe that someone was careless or even tried to harm your loved one—and that carelessness resulted in death.

At Fischer Redavid PLLC, our attorneys understand that it can be difficult and painful to recover from a wrongful death claim. If your family is suffering, reach out to a Miami wrongful death lawyer at our firm to help you with your claim.

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You can get in touch with us via our online contact form or by calling (954) 860-8434

What Is Classified as Wrongful Death?

Wrongful death includes claims where an individual or entity causes death through negligence, criminal activity, or a wrongful act. State laws determine the specifics, but a wrongful death claim results from a death that could have been avoided if the other party had exercised the standard of care people are expected to maintain.

Common causes of wrongful death include but are not limited to:

Motor vehicle accidents involving cars, motorcycles, or trucks
Bicycle and pedestrian accidents
Medical malpractice and nursing home abuse
Dangerous and defective products
Accidents resulting from unsafe property conditions
Improperly maintained workplace conditions
Recreational accidents, including boating accidents
Intentional actions, such as homicide or murder
Criminal conduct, including manslaughter

If you are unsure if your loved one’s death was the result of a wrongful act or negligence, it is a good idea to check in with reliable legal counsel to explore your options. We offer free, no-obligation consultations where we can discuss your case, explain your rights, and help you understand what steps to take next.

Who Is Liable for a Wrongful Death?

When a loved one has died because of the negligent acts of another, the first step in holding them accountable is to determine who or what is liable. Often, this depends on what happened and who caused the injury or illness.

For example, your loved one may have died during what should have been a routine surgery. Their death may have been caused by malpractice if the doctor was careless and didn’t act within a reasonable standard of care. If the doctor is part of a medical group, though, then the hospital might be the liable party, not the doctor.

This can get confusing quickly. When you’re not sure who is liable for your loved one’s death, you may need to talk to an experienced lawyer about identifying the liable party and pursuing a claim against them. We invite you to reach out to Fischer Redavid PLLC today to learn more.

What Evidence Should You Gather?

It is important to provide as much documentation as you can when filing any sort of lawsuit. For wrongful death cases, being thorough is vital.

If possible, you should try to obtain the following evidence:

A death certificate
Police records of the incident that led to the death
Copies of medical records
An autopsy report (if applicable)
Evidence of a duty of care relationship between the negligent party and the deceased
Financial records indicating losses associated with the death
Family records
Any physical evidence
Relevant photos or videos
Statements from witnesses

If you have a form of evidence or documentation that may be valuable, but you are not sure, it is always better to bring it to your attorney instead of letting it sit and gather dust. Even if you don’t see where it fits in, it may prove to be valuable in getting justice for your loved one.

Who Can File a Wrongful Death Claim in Florida?

The complex parts of your wrongful death claim aren’t over when you identify the liable party. Unfortunately, you may not be the eligible party to file. Florida law limits who can file for a wrongful death claim, as the injured party is unable to file themselves.

Specifically, only the personal representative (or “executor”) of the deceased’s estate may file a claim. However, while the personal representative must be the one to initiate legal action, they do so on behalf of certain surviving family members, heirs, and beneficiaries.

In Florida, the deceased’s spouse, children, or parents are eligible for compensation. If you lost a parent, their marital status will matter, too. If your parents weren’t married and your father didn’t formally recognize you as his child, you may be unable to seek compensation for his wrongful death.

Any dependent family members of the deceased can also seek recovery through a wrongful death lawsuit. If you have any doubts about who should file the claim, though, talk to your wrongful death lawyer. Your lawyer can minimize the time you spend worrying about your claim and work to maximize the compensation you receive.

Contact a Miami Wrongful Death Attorney for Help

When you’ve lost a loved one, you and your family are in a difficult situation. It takes time to grieve and recover from a loss such as this. Unfortunately, death can also be costly, but you and your family shouldn’t have to pay for someone else’s negligent or wrongful conduct.

At Fischer Redavid PLLC, we understand how difficult it can be to deal with a claim like this, which is why we offer free consultations and compassionate, personalized legal representation. We’re here to listen, and we’re here to offer you and your family your options, support, and guidance.