Losing a loved one unexpectedly is one of the most difficult experiences a family can endure. Losing them in a preventable accident can be even more devastating. But families do have legal options that can provide a measure of accountability and fair financial compensation.
If you lost a loved one in an accident in Miami Gardens, FL, you may have a wrongful death claim. An experienced Miami Gardens personal injury lawyer at Elliot Law Firm, PLLC, can help you seek compensation for funeral expenses and the loss of support and companionship you’ve experienced. Call today for a free consultation to learn more.
Why Choose Elliott Law Firm to Take On My Wrongful Death Case?
Wrongful death claims are legal in nature, but they are also highly emotional. They demand a firm that knows the law and how to serve clients who are grieving and want accountability for a death that never should have happened. At Elliot Law Firm, we have dedicated our practice to helping clients get justice after serious injuries and wrongful deaths.
Families in Miami Gardens, Florida, choose us because we:
- Have decades of complex injury and wrongful death litigation arising from serious accidents.
- Secured substantial recoveries (millions and millions) for accident victims and families harmed by another party’s negligence.
- Bring a unique perspective to every case through Attorney Chris Elliott’s background as a former prosecutor
- Take a hands-on approach to representation and provide personalized attention throughout the claims process.
- Understand the Hollywood and South Florida communities and are committed to helping local families rebuild after devastating losses.
- Handle cases on a contingency fee basis, with no attorney’s fees unless we successfully recover compensation on your behalf.
Call us today to schedule a free case review with a compassionate Miami Gardens wrongful death attorney.
J. Christopher Elliott, Esq.
FOUNDING PARTNER
J. Christopher “Chris” Elliott is a seasoned trial attorney with nearly two decades of courtroom experience, trusted by clients across Florida when their freedom, reputation, or future is on the line.
CLICK FOR A FREE CONSULTATIONWhy Hire an Attorney to Pursue a Miami Gardens Wrongful Death Claim?
Wrongful death cases require courts and insurers to put a value on a life. You can rest assured that the latter will assign it as low a value as possible and dispute liability wherever it can. You need representation that can tell your side of the story and show how your loved one’s death has affected your life and will continue to impact you (emotionally and financially) into the future.
An attorney can assist by:
- Conducting a thorough investigation into the circumstances that led to your loved one’s death
- Determining whether individuals, businesses, healthcare providers, or other entities may be liable
- Collecting accident reports, surveillance footage, medical records, and other critical evidence
- Working with accident reconstructionists and other specialists when necessary
- Assessing the full financial and emotional impact of the loss on surviving family members
- Evaluating available insurance coverage and other potential sources of recovery
- Negotiating aggressively for a settlement that reflects the family’s losses
- Complying with Florida’s wrongful death laws and procedural requirements
- Allowing your family to focus on healing while we handle the legal aspects
Contact us today to get qualified representation on your side at a time when you may not want to fight alone.
Miami Gardens Wrongful Death Lawyer
Elliott Law Firm, PLLC
Contact Us Today
What Qualifies as a Wrongful Death in Florida?
Under Florida law, a wrongful death occurs when a person’s death is caused by the wrongful act or negligence of another party. Essentially, if the deceased person could have filed a personal injury lawsuit had they survived, a wrongful death claim may be available after their death, i.e., the personal injury claim “survives” the person’s passing.
In Florida, wrongful death claims must generally be brought by the personal representative of the deceased person’s estate on behalf of the surviving family members and beneficiaries.
Individuals who may be entitled to recover damages through a wrongful death claim include:
- The surviving spouse
- Minor children
- Adult children in certain circumstances
- Parents of the deceased
- Other relatives who were financially dependent on the deceased for support or services
It is important to consult an attorney to determine whether a wrongful death claim is available and who may be eligible to participate in a claim.
Common Types of Wrongful Death Claims
Wrongful death lawsuits may arise from many different types of accidents and incidents. The key thread is whether they are caused by negligence or other unlawful misconduct.
Cases that support wrongful death claims often involve:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Uber and Lyft accidents
- Drunk driving crashes
- Medical malpractice
- Nursing home negligence
- Defective products
- Premises liability accidents
- Construction accidents
- Workplace accidents
- Swimming pool drownings
- Negligent security incidents
In each of these cases, a party usually had a duty of care to act reasonably and avoid causing harm to another party.
What Damages Are Available After a Fatal Accident in Miami Gardens?
Florida’s Wrongful Death Act allows certain surviving family members to recover compensation for losses resulting from the death. Depending on the circumstances, recoverable damages may include:
- Funeral and burial expenses
- Medical expenses incurred before death
- Loss of financial support
- Loss of future income and benefits
- Loss of companionship and protection
- Loss of parental guidance and services
- Mental pain and suffering experienced by qualifying survivors
- Loss of household services
The estate may also be entitled to recover certain damages on behalf of the deceased person, specifically those incurred before death.
How Long Do I Have to Initiate a Wrongful Death Case?
In most situations, a wrongful death lawsuit must be filed within two years of the date of death. Missing this deadline can result in losing the right to pursue compensation in court. Certain exceptions may apply, but families should not assume additional time is available.
Contact an Experienced Miami Gardens Wrongful Death Attorney for Assistance
Wrongful death claims are something no family should ever have to deal with. But they are often the best options for seeking compensation and closure when a loved one dies due to another party’s negligence.
Elliot Law Firm can handle all aspects of your wrongful death case and provide compassionate representation throughout your claim. Contact us today for a free consultation with an experienced Miami Gardens wrongful death attorney. We can help you determine the best path forward during this difficult time.