Miami Accident Lawyer Blog
The pain of losing a loved one in an accident is horrific, especially when many families are also suffering through financial pressures and an uncertain future. Fortunately, Florida’s wrongful death statute allows you to seek damages as a surviving family member. Compensation for funeral costs, lost income, and emotional losses alleviates some of the stress.
There are some requirements and timing considerations to note, so you should discuss details with a Miami wrongful death lawyer. It is also helpful to get some background on your legal remedies, and this guide for grieving families provides a summary.
Common Causes of Wrongful Death Claims
Wrongful death claims often stem from car accidents on busy roads in Miami, where speeding and distracted driving are common. Other fatalities may be the result of:
- Motorcycle and truck collisions
- Pedestrian and bicycle crashes
- Medical malpractice
- Workplace accidents
- Defective products
- Criminal attacks
Who Can File a Wrongful Death Lawsuit Under Florida Law?
Only the deceased’s personal representative can file a wrongful death lawsuit, either someone named in a will or appointed by a court. The representative brings the case for the benefit of surviving family members, including the spouse, children, parents, and possibly other blood relatives.
Step-by-Step to File a Wrongful Death Claim in Miami-Dade County
An initial requirement is requesting the probate court to appoint a personal representative who can act on behalf of the surviving family members. When you retain legal help, you can count on your attorney to gather essential evidence, including:
- Police reports
- Medical records
- Witness statements
The next steps involve filing a formal case in court and going through discovery, where both sides exchange evidence and conduct depositions. Throughout the litigation process, there are also court appearances and motion hearings. Many cases settle through negotiation, but your lawyer will proceed to trial if necessary to recover fair compensation.
How Long is Florida’s Wrongful Death Statute of Limitations?
Florida law generally allows two years from the date of death to file a wrongful death lawsuit. Missing this deadline typically bars your family from recovering compensation, regardless of the strength of your case. Certain circumstances, such as claims involving government entities, may shorten this window significantly.
Because evidence can disappear and witness memories fade over time, getting started with the wrongful death process as soon as possible helps protect your rights and strengthens your case.
Our Miami Wrongful Death Attorneys Deliver Quality Legal Services
Two years may seem like a long time, but it is important to act quickly to preserve important evidence. Witness memories fade, surveillance footage gets deleted, and critical records can be lost as time passes. Having an experienced attorney on your side from the start is crucial to building a strong wrongful death claim.
The legal team at Gerson & Schwartz, PA, is ready to guide your family through this difficult process. To learn more, please call (305) 371-6000 today to schedule a free consultation. We can meet with you at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.