Miami Wrongful Death Lawyer Compassionately Supporting Grieving Families
Losing a loved one due to someone else’s negligence is an unimaginable tragedy. A moment of carelessness can change your life forever. In the wake of a fatal accident, you may find yourself facing unexpected financial burdens, medical bills, funeral costs, and ongoing living expenses, without the support of the person you’ve lost. These financial challenges, combined with the emotional toll of grief, can feel insurmountable.
At Galimidi Law, we believe you deserve to seek justice and recover compensation for the loss of your loved one. Our Miami wrongful death lawyers are committed to handling every aspect of your case with compassion and care, allowing you to focus on healing while we work tirelessly to secure the damages you deserve.
Dealing with the aftermath of a wrongful death can be overwhelming, but with Galimidi Law by your side, you won’t have to face it alone. We’ll guide you through every step of the legal process, handling your claim with the attention and respect it deserves. Contact us today for a free, confidential consultation to discuss your case.
What is a Wrongful Death Claim? Understanding the Legal Process
A wrongful death claim is filed when someone dies due to the negligence or intentional actions of another person or entity. These claims hold the at-fault party accountable and provide financial recovery to the surviving family members who have been impacted by the tragic loss. Common causes of wrongful death include fatal car accidents, medical malpractice, defective products, and workplace accidents. However, even if the death was indirectly caused, such as a drug manufacturer selling contaminated medicine that led to fatal illnesses, those responsible can still be held liable.
In cases where the harm was intentional, such as murder, wrongful death claims can still be pursued. Importantly, these claims are separate from any criminal cases and are not influenced by the criminal case's outcome. For example, even if the defendant is acquitted in a criminal trial, the family can still bring a wrongful death suit. A well-known instance of this occurred in the case of O.J. Simpson, who was acquitted of murder in a criminal trial but found liable for the deaths in a subsequent civil lawsuit.
This is possible because civil courts operate under a lower burden of proof than criminal courts. In a wrongful death lawsuit, the family only needs to prove that it is more likely than not that the defendant caused the death, while a criminal court must meet the much higher standard of proving guilt beyond a reasonable doubt.
Common Causes of Wrongful Death
A wrongful death occurs when an individual dies due to the negligent or intentional actions of another party. Whether the actions were accidental or deliberate, surviving family members are eligible to file a wrongful death claim. In general, any situation where the deceased would have been eligible to file a personal injury claim had they survived is a potential candidate for a wrongful death lawsuit.
There are numerous scenarios where wrongful deaths may occur. Below are common examples of situations that could lead to wrongful death claims:
- Anesthesia malpractice
- Birth injuries resulting in death
- Bus accidents
- Car accidents
- Commercial truck crashes
- Defective product injuries
- Emergency room medical malpractice
- Fatal accidents during supervised recreational activities
- Motorcycle wrecks
- Murder
- Nursing home abuse
- Premises liability accidents (e.g., slip and fall)
- Workplace accidents
It’s important to note that families have the right to file a wrongful death claim even if criminal charges are pending against the person responsible for the death. This overlap is common in cases of murder, vehicular manslaughter, accidental shootings, and similar situations. In such cases, a family can pursue civil litigation while the criminal trial is ongoing.
Who is Eligible to File a Miami Wrongful Death Claim?
Under the Florida Wrongful Death Act, certain surviving family members are eligible to seek compensation if their loved one’s death was caused by a “wrongful act, negligence, default, or breach of contract or warranty.” However, the wrongful death suit itself must be filed by a representative of the decedent’s estate, who acts on behalf of the eligible family members. The representative has two years from the date of death to file the claim, which is much shorter than the time allowed for most personal injury cases in Florida. Given this brief timeframe, it is crucial to consult with an experienced wrongful death attorney as soon as possible to ensure your family’s right to compensation is not forfeited.
In a wrongful death claim, every survivor who has a legitimate interest in the case must be listed. Florida law designates the following relatives of the deceased as eligible to receive compensation in a wrongful death claim:
- Spouse
- Parents
- Children under 25 years old
- Other close blood relatives or adoptive siblings, provided they were financially dependent on the decedent for services or support
Key Elements for a Successful Miami Wrongful Death Lawsuit
To successfully recover compensation in a wrongful death lawsuit, the plaintiff must prove three key elements:
1. The Decedent’s Death Was Caused by the Defendant’s Actions
The plaintiff must demonstrate that the decedent’s death was a direct result of the defendant’s actions or negligence. This process is similar to personal injury cases. The plaintiff must establish that the defendant owed a duty of care to the decedent, breached that duty, and that the breach directly caused the death.
2. The Surviving Family Members Are Financially Impacted
The plaintiff must show that the surviving family members are suffering financially due to the loss of their loved one. This includes situations where the decedent provided financial support, such as income, services, or housing. Medical debts and funeral expenses may also be significant financial burdens that can be presented as evidence of the family’s financial difficulties.
3. A Legal Representative Has Been Appointed for the Estate
Since a wrongful death action is filed on behalf of the decedent’s estate, a legal representative must be chosen to manage the estate’s finances. This representative is responsible for recovering and distributing damages to the surviving heirs.
Similar to personal injury lawsuits, a wrongful death suit must establish that the defendant is liable for the death. To build a strong case, your wrongful death lawyer will gather critical evidence through witness interviews, expert testimonies, examination of evidence, and reconstructions by accident specialists. This information helps create a comprehensive picture of the fatal accident and its causes.
Damages Surviving Family Members Can Recover in a Miami Wrongful Death Lawsuit
The loss of a loved one is an immense emotional burden, but it can also result in significant financial hardship. While no amount of money can replace the life of a loved one, compensation can help protect your family from the financial instability caused by someone else’s negligent actions. If you are pursuing a wrongful death claim in Miami, a skilled Miami wrongful death lawyer may be able to help recover various types of damages for your family, including:
- Outstanding medical expenses: Any medical bills incurred as a result of the decedent’s accident, including hospital stays, surgeries, and treatment.
- Pain and suffering: Compensation for the physical pain and emotional distress experienced by the decedent between the time of the accident and their death.
- Loss of future support and services: If the decedent provided financial support or services, the family may be entitled to compensation for the future loss of this assistance.
- Loss of consortium: This refers to the loss of the companionship, affection, and other family benefits experienced by the surviving spouse.
- Loss of parental guidance: Compensation for the loss of guidance, instruction, and companionship for children who were dependent on the decedent.
- Mental pain and suffering: The emotional distress and suffering endured by surviving family members due to the loss of their loved one.
- Funeral expenses: Reimbursement for the costs associated with funeral and burial services.
- Loss of inheritance: Compensation for the future inheritance that the deceased would have provided to the survivors.
How Are Losses Calculated in a Miami Wrongful Death Lawsuit?
To ensure that your family recovers the maximum possible damages, your Miami wrongful death lawyer will thoroughly investigate the circumstances of the case. This allows them to calculate a fair and accurate value for your claims, considering all the factors that have impacted your losses, such as:
- The circumstances of the accident: Was the incident painful? Did it result from recklessness or malice?
- The age and needs of surviving family members: Are there young children or individuals with special needs who relied on the decedent for care and support?
- The financial burden caused by the loss: Did the decedent incur large medical bills from the accident? Was the victim the primary breadwinner? Did they provide critical services such as childcare or homeschooling?
- The victim’s age, health, and life expectancy: How long was the decedent expected to live, and what type of life were they leading before the accident?
- The victim’s earning history and future potential: What is the total financial loss from the decedent’s income, future earnings, and potential inheritance they would have provided for their family?
How a Miami Wrongful Death Lawyer Can Help You Recover Compensation
Losing a family member unexpectedly is an overwhelming experience filled with grief, sadness, and disbelief. It can be difficult to face the future after such a loss, especially when you are left wondering how to provide for yourself and your family. You shouldn't have to worry about financial stability on top of your emotional pain. Those responsible for your loved one's death need to be held accountable.
If you have lost a loved one due to wrongful death, Galimidi Law can provide you with compassionate legal support during this challenging time. Our Miami wrongful death lawyers handle every aspect of your case, ensuring it is thoroughly investigated and managed. This allows you to focus on grieving, healing, and supporting your family, while we manage the legal process on your behalf.
Don't Wait – Get the Justice Your Family Deserves
At Galimidi Law, we understand that the loss of a loved one can be devastating, but you don’t have to face this difficult time alone. Let our Miami wrongful death attorneys fight for the compensation and justice your family deserves. The sooner we begin, the sooner we can secure the financial relief you need to begin rebuilding your life.