Miami Wrongful Death Attorney

Understanding Wrongful Death Claims in Miami

A wrongful death occurs when someone loses their life due to another party’s negligence, recklessness, or intentional actions. Unlike criminal cases, a wrongful death lawsuit is a civil claim filed by the deceased’s family to seek financial compensation for damages.

In Florida, wrongful death cases often arise from:

• Car accidents caused by reckless or drunk drivers.
• Medical malpractice due to a doctor’s negligence.
• Workplace accidents resulting from unsafe conditions.
• Defective products that lead to fatal injuries.
• Nursing home abuse causing preventable deaths.
• Criminal acts, such as assault or violent attacks.

A Miami Wrongful Death Attorney can help you navigate this complex legal process, ensuring that your family receives the justice and compensation you deserve.

Who Can File a Wrongful Death Lawsuit in Florida?

Florida law states that a wrongful death claim must be filed by the personal representative of the deceased’s estate. This representative is usually named in the deceased’s will or estate plan. If no personal representative exists, the court will appoint one.

Eligible family members who may receive compensation include:

• Spouse – For loss of companionship and financial support.
• Children – For loss of parental guidance and emotional support.
• Parents – If a minor child or adult child with no dependents passes away.
• Other dependents – Anyone financially reliant on the deceased.

A Wrongful Death Lawyer ensures that the rightful beneficiaries receive the maximum compensation available under Florida law.

What Compensation Can You Recover?

The financial impact of losing a loved one is often overwhelming. A Lawyer for Death in Family can help you recover damages for:

1. Medical & Funeral Expenses

Covers hospital bills, emergency treatments, funeral, and burial costs.

2. Loss of Financial Support

If the deceased was the primary provider, the family can recover lost wages and future income.

3. Pain & Suffering

Compensation for emotional distress, grief, and trauma suffered by surviving family members.

4. Loss of Companionship

Covers the absence of love, guidance, and emotional support from the deceased.

5. Punitive Damages

In cases of gross negligence or intentional harm, courts may award additional damages to punish the responsible party.

A Miami Wrongful Death Attorney ensures that families receive the maximum compensation possible.

Proving Negligence in a Wrongful Death Case

To win a wrongful death claim, a Wrongful Death Lawyer must prove four key elements:

• Duty of Care – The responsible party had a legal obligation to prevent harm.
• Breach of Duty – They failed to fulfill that duty through negligence.
• Causation – Their actions directly caused the victim’s death.
• Damages – The surviving family suffered financial or emotional losses.

For example, if a distracted driver runs a red light and kills a pedestrian, the attorney must show that:

• The driver had a duty to follow traffic laws.
• They breached that duty by running a red light.
• That action led to the pedestrian’s death.
• The family suffered financial and emotional losses as a result.

An experienced Miami Wrongful Death Attorney will gather medical records, police reports, witness statements, and expert testimony to build a strong case.

Steps to Take After a Wrongful Death in the Family

If your loved one died due to negligence, take these steps immediately:

1. Gather Evidence

• Obtain medical records, accident reports, and photographs.
• Collect witness contact information.

2. Do Not Speak to Insurance Adjusters

• Insurance companies may offer a low settlement—do not accept anything before speaking to an attorney.

3. Consult a Miami Wrongful Death Attorney

• An attorney investigates the case, files the lawsuit, and negotiates compensation.

Why Choose The Ferriol Law Firm?

At The Ferriol Law Firm, we understand the emotional toll and financial stress a wrongful death can cause. We are committed to helping families get justice and financial stability.

Our Unique Approach:

• Compassionate Legal Representation – We treat you like family during this difficult time.
• Aggressive Negotiation – We fight against insurance companies who try to underpay victims.
• Trial-Ready Lawyers – If needed, we take your case to court to maximize your settlement.
• No Upfront Fees – You Only Pay If We Win.

Call Now for a Free Consultation!

FAQs

1. How long do I have to file a wrongful death claim in Florida?

Florida law allows only two years from the date of death to file a claim. (Florida Statutes)

2. What if the at-fault party is facing criminal charges?

A civil wrongful death claim is separate from a criminal case. Even if the person is not convicted, you can still file a lawsuit for compensation.

3. How long does a wrongful death case take?

Cases vary, but many resolve within 6-18 months. Complex cases that go to trial may take longer.

4. What if my loved one didn’t have a will?

The court will appoint a personal representative to handle the claim.

5. How much does a wrongful death lawyer cost?

Our firm works on a contingency fee basis—you pay nothing unless we win your case.

Get the Justice Your Family Deserves

Losing a loved one due to someone else’s negligence is heartbreaking. A Miami Wrongful Death Attorney can help your family seek justice and financial compensation.