Was someone you love killed in a tragic accident in Miami, FL? If someone else was responsible, an experienced Miami wrongful death lawyer at Payer Law Personal Injury Lawyers can help you fight to recover full compensation for your losses.
We bring over 28 years of experience to work in your case. Since we opened our doors in 2007, we’ve recovered over $100 million in settlements and verdicts for families like yours.
We know that no amount of money can bring back your loved one. Still, you shouldn’t have to worry about financial instability on top of everything else. To learn more about how we can help you fight for full financial compensation, call our law offices in Miami, Florida, at (407) 648-1510 to schedule a free consultation today.
How Payer Law Personal Injury Lawyers Can Help With Your Family’s Miami Wrongful Death Case
Losing a loved one is hard under any circumstances. When you know that someone else caused the death, the loss can seem unbearable. Seeking compensation is often the only way to get justice.
You don’t have to spend your valuable time fighting with insurance companies and defense lawyers. Our experienced Miami personal injury lawyers can handle the details.
Payer Law Personal Injury Lawyers is an award-winning law firm that’s been recognized by the Multi-Million Dollar Advocates Forum, among numerous other accolades.
Our team is prepared to:
- Investigate and identify all parties who share legal responsibility for your loss
- Handle all the paperwork and the insurance claims process
- Identify your damages and assess your case value
- Hire leading experts in various industries to support your case
- Negotiate for a full and fair financial settlement
Dealing with the sudden loss of a loved one is incredibly difficult. Our Miami personal injury attorneys are here to help in any way we can. Call us today to schedule your free case review.
How Common Are Fatal Accidents in Florida?
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), 3,420 people were killed in traffic accidents during 2023.
That includes:
- 609 motorcycle fatalities
- 783 pedestrian fatalities
- 228 bicyclist fatalities
A total of 362 traffic fatalities were reported in Miami-Dade County alone in 2023.
While motor vehicle accidents are a common cause of death, 307 people were also killed on the job in 2022. Another 4,207 Floridians died due to fall-related injuries that year.
Do I Have a Valid Case Under Florida’s Wrongful Death Laws?
Florida’s Wrongful Death Act governs wrongful death cases.
Under Florida Law, survivors may have a valid claim for compensation if:
- The death was caused by “the wrongful act, negligence, default, or breach of contract or warranty of any person”, and
- The victim would have been entitled to file a personal injury lawsuit had they survived their injuries
Sometimes, the act that causes the victim’s death results in criminal charges. Wrongful death claims are always civil matters. Even if the defendant is facing criminal charges, survivors can file a lawsuit and seek compensation.
That said, most wrongful death cases are based on accidental deaths. Even though the defendant didn’t intend to kill anyone, they can be held financially responsible for their actions.
Who Is Entitled To File a Claim for Wrongful Death in Miami?
Wrongful death claims are technically filed by the deceased person’s personal representative or their estate executor. Most of the time, that’s a close family member, friend, or trusted advisor. However, if your loved one did not name a personal representative, the courts can appoint someone to serve.
When the case results in a compensation award, the money is distributed to the victim’s surviving family members, including:
- A surviving spouse
- Children
- Parents
- Blood relatives or adoptive siblings who were financially dependent on the decedent
If none of these parties exist, the proceeds become a part of the victim’s estate. They will eventually then be distributed according to the victim’s will or Florida’s intestate laws if the victim did not have a will.
How Much Money Can I Recover if My Miami Wrongful Death Claim Is Successful?
Wrongful death cases are extremely difficult to value. Each case must be evaluated independently.
Some key factors to consider include:
- The identity of surviving dependents
- The life expectancy of the victim and survivors, considering the age of minor children
- The value of expenses incurred between the date of injury and date of death
- The victim’s lost earning capacity, considering prior work history, education, and earnings
- How the victim contributed to the household and family
- The circumstances of the victim’s death
It’s very likely that non-economic damages and future losses will make up a significant portion of your settlement and verdict. That makes expert witness testimony particularly important in wrongful death cases.
What Types of Damages Are Available in a Wrongful Death Action?
In civil wrongful death cases, the only remedy is financial compensation. As in any personal injury case, survivors must demonstrate the specific types of losses they’ve suffered due to the wrongful death.
Examples of the types of damages available under Florida law include:
- The victim’s lost wages from the date of injury to the date of death, with interest
- Loss of the value of future financial support, reduced to present value
- Loss of the value of household services and future services
- Medical expenses incurred by the victim from the date of injury to the date of death
- Funeral expenses
- Mental pain and suffering
- Lost parental companionship, instruction, and guidance
- Loss of consortium, or loss of a spouse’s companionship and protection
- Loss of prospective net accumulations, or loss of an expected inheritance
The available damages will vary from case to case based on its unique facts and circumstances.
How Much Does It Cost To Hire a Wrongful Death Lawyer in Miami?
Payer Law Personal Injury Lawyers only charges contingency fees. Our attorneys’ fees are calculated as a percentage of your compensation award. In plain terms, there are no initial costs or hourly rates. You only pay if we win compensation for your family.
Will My Family’s Compensation Be Impacted if My Loved One Shared Some Blame for Their Own Death?
Shared fault is common and a hard-fought issue in wrongful death cases.
Defendants and their insurance companies will often go to great lengths to blame a victim. When the victim can’t defend themselves, it’s critical to have an experienced attorney to help you fight back.
Under Florida’s modified comparative negligence law, your family loses your right to compensation if they can prove your loved one was more than 50% responsible. Assuming their share of blame was less than 51%, your compensation will still be reduced by that percentage.
We Handle All Types of Wrongful Death Claims in Miami
Our Miami wrongful death attorneys are prepared to help with any type of wrongful death case, including those involving:
- Car accidents
- Slip and fall accidents
- Dangerous property conditions
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Drunk driving
- Truck accidents and commercial vehicle wrecks
- Bus accidents
- Uber or Lyft accidents
- Recreational vehicle accidents
- Boating accidents
- Construction accidents
- Workplace accidents and workers’ compensation claims
- Dog bites
- Defective products
- Medical errors
- Nursing home abuse and neglect
- Negligent security
- Firearm violence
Unfortunately, there is a seemingly endless list of things that can cause preventable death. Our lawyers carefully investigate every case we take on to make sure we’re holding all responsible parties liable.
What Is the Legal Basis for a Wrongful Death Claim in Miami, Florida?
You must prove the defendant’s acts were negligent or wrongful to recover damages. When criminal charges are pending, our team will work with law enforcement and also conduct our own investigation. Even if the defendant is acquitted, you may still have a strong case in civil court. That’s because the standard of proof is lower.
However, most wrongful death cases are based on negligence. That means the defendant failed to act reasonably under the circumstances.
To win, you’ll need proof of four elements:
- The defendant’s duty of care
- A breach of that duty
- Causation
- Damages
Our lawyers have the tools to handle all of the legal issues while you focus on your family. Just call our law offices to schedule your free case review today.
How Long Do I Have To File a Wrongful Death Lawsuit After a Deadly Accident in Florida?
Most families have two years to start the legal process. The two-year statute of limitations starts to run on the date of your loved one’s death.
That said, a different statute of limitations could apply depending on the facts. To make sure you don’t miss the deadline, call us today to discuss your case.
Contact an Experienced Miami Wrongful Death Lawyer for a Free Case Review
You could be entitled to significant compensation if you lost a loved one due to someone else’s actions. Our team at Payer Law Personal Injury Lawyers has a proven track record of helping clients maximize their financial recovery. Call our Miami wrongful death lawyer today to learn more about your legal options.
