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Fatal Shooting at Wendy’s in Miami: Wrongful Death Options for Survivors

A family continues to mourn the passing of their loved one in a recent fatal shooting in Miami, even as they plead with the public for answers and information to help identify the gunman. An article in the Miami Herald covered the May 9, 2021 incident, which started as a fight in a local fast food restaurant. Witnesses reported that two customers began fighting, and one man punched an employee of the business when he tried to intervene. Immediately thereafter, the other individual pulled out a firearm and shot the customer with whom he had just been fighting. The victim was pronounced dead at the scene, while the suspected shooter escaped. 

Under the circumstances, the victim’s family may have legal options under Florida wrongful death laws. The remedy may not be what you expect, since survivors might opt to pursue the restaurant instead of the gunman. A Miami wrongful death attorney can provide details, but some answers to FAQs might be helpful.

What is a wrongful death case? These claims are a type of personal injury claim that allows surviving family members to seek compensation when their loved one is killed because of negligence. It is true that the victim in the recent shooting died because of a deliberate shooting, but the point is not the suspect’s intentional act: The source of the negligence is the restaurant’s misconduct in not ensuring the property was safe.

How does negligent security work? Premises liability laws impose a duty upon all property owners to maintain their space in a reasonably safe condition and protect guests against foreseeable harm. If a business, such as the restaurant, breaches this duty, victims who are hurt or killed because of the failure can bring a premises liability case based upon negligent security.

Who can bring a claim in a wrongful death action? In Florida, a wrongful death lawsuit must be filed by the victim’s personal representative for the benefit of surviving family members. The personal representative may be named in the deceased individual’s will, or someone appointed by a probate court. Often, the surviving spouse will have standing to bring a claim.

What can I recover in a wrongful death case? These claims are intended to put survivors in the same position as if their loved one did not die, at least to the greatest extent possible under the circumstances. In a successful claim, you may qualify to recover such compensation as:

  • Funeral expenses and burial costs;
  • Expenses related to treating the victim before death;
  • The victim’s lost wages and future financial earnings; and,
  • Losses related to love, support, guidance, education, and other personal contributions.

Our Miami Wrongful Death Lawyers Can Answer Additional Questions

While this information may be helpful, you will certainly need additional, personalized details if you are pursuing an at-fault party for the wrongful death of a loved one. To learn more, please contact Gerson & Schwartz, PA to set up a free case evaluation at our offices in Miami, Fort Lauderdale, and West Palm Beach, FL.

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