1666 79th Street Cswy, Miami Beach, Florida 33141, United States
Tel. 305.525.8957
Wrongful Death Lawyer Juan Cordero Lawyers
Wrongful Death Lawyer in Florida Juan Cordero Lawyers
Miami Florida Wrongful Death Lawyer
Losing a loved one is always devastating, but when your family member passes away due to the negligence or reckless conduct of someone else, it is especially tragic. If your loved one died as the result of another party’s bad actions, the Juan Cordero Lawyers firm Miami Florida wrongful death lawyers can help. Call Juan Cordero Lawyers today to learn more and discuss the first steps you should take.
phone 305.525.8957
WRONGFUL DEATH LAW FIRM Juan Cordero lawyers
What Is a Wrongful Death Claim?
Wrongful death is defined under Florida law as a death caused by a wrongful act that, had the victim lived, he or she would have had a personal injury claim against the responsible party.
The purpose of a wrongful death action is not to simply seek compensation for the loss of your loved one’s life. No amount of monetary damages can make up for the loss you have suffered.
A wrongful death action can, however, hold the responsible party accountable, deter similar harmful conduct in the future, and obtain necessary funds to pay medical bills, funeral expenses, and help make up for lost wages and benefits provided by your deceased loved one.
Seeking justice for your loved one can help ease your grief during such a difficult time. One of our experienced wrongful death attorneys in Miami Florida can examine the facts of your case and walk you through the process of deciding whether filing a wrongful death claim is the right course of action for your family. We have provided some answers to questions call us at 305.525.8957
Common Types of Wrongful Death Cases
Wrongful death claims can stem from almost any situation in which a person is killed due, at least in part, to someone else’s negligent or dangerous behavior. Companies, hospitals, employers and individual persons may all be held responsible for causing a person’s death.
Some of the most common types of wrongful death claims we handle include but are not limited to
Medical Malpractice
- Vehicular manslaughter
- Drunk.Driving Cases
- Reckless or aggressive driving
- Bicycle and pedestrian
- Prescription mistakes
- Negligent Care Giver
- Child abuse and neglect
- Workplace accidents
- Slip and fall accidents
- Sports and recreation fatalities
- Travel industry accidents
- Assault and battery deaths
- Homicide
- Domestic violence
- Drowning deaths
How Can a Miami Florida Wrongful Death Attorney Help?
Wrongful death cases can be quite complex, since they can involve criminal investigations, professional misconduct, government regulation violations, a history of negligent conduct and potentially numerous other victims.
To know when to file your case, you will likely need to consult a Miami Florida wrongful death lawyer who has experience reviewing medical records, working with police investigators, interviewing and deposing witnesses, and dealing with both individual and class-action claims.
While no legal measures can bring back your loved one, our compassionate wrongful death attorneys can fight to get justice on his or her behalf. Consulting a personal injury attorney who handles wrongful death claims is the first step you can take toward holding the negligent party accountable.
When Can I File a Wrongful Death Lawsuit?
If you have recently endured the loss of a loved one, you may have questions about what subsequent action you can take, including “Do I have grounds to pursue a wromgful death lawsuit?” or “How can I determine whether or not someone else was liable for my family member’s death?” For this reason, the Juan Cordero Law< Firm would like to take the time to explain the state’s related statutes and help you to understand what rights you may possess.
Grounds for Filing a Wrongful Death Action
According Florida Law, the family of the deceased may have grounds to pursue a lawsuit in the event that “the death of a person is caused by a wrongful act, neglect or default of another.” This means that a wide variety of circumstances may qualify for civil action. What you must understand, however, is that you must be able to show that someone else’s careless actions have directly contributed to the death.
This should not be mistaken to mean that the responsible party has willfully or intentionally caused the death of a loved one—as this matter would be taken up in criminal proceedings—but rather that the death was an accidental byproduct of their actions.
Demonstrating Damages
In proving this, the family would have the opportunity to recover compensation for losses that they have suffered, including both economic and non-economic damages. If, for example, the deceased had one or more dependents relying on their income, these parties may ask to be compensated for the future loss of income that they have sustained.
Similarly, they could pursue damages for funeral and burial expenses. As far as non-economic losses are concerned, a family may request compensation for things like emotional pain and suffering, loss of companionship, loss of society, etc.
Review the Facts of Your Case Carefully
Each case is different, however, and should be handled as such. There is no way to definitely determine whether or not you have a valid reason to pursue a personal injury lawsuit until you review the circumstances of your case with an experienced legal professional. In doing so, a lawyer can investigate the cause of your loved one’s death and figure out the appropriate legal action to move forward with.
For this reason, we urge you to consult with the legal team at our firm as soon as possible. We are available to look over your case and answer any questions that you may have about pursuing a wrongful death lawsuit at no cost to you, so do not hesitate to contact our firm today. We will take your call 24 hours a day, seven days a week, for your free initial consultation.
Wrongful Death Frequently Asked Questions
What is a Wrongful Death Claim?
A wrongful death lawsuit alleges that the deceased was killed as a result of the negligence (or other liability) on the part of the defendant’s, and that the surviving dependents or beneficiaries children or family members) are entitled to monetary damages as a result of the defendant’s conduct.
What Are The Elements of a Wrongful Death Claim?
Generally the death must have been caused, in whole or in part, by the conduct of the defendant. The defendant must be proven to be negligent for the victim’s death. Also, a surviving spouse, children, beneficiaries or dependents are the only ones who can make a wrongful death claim.
Who Should Start the Investigation of a Potential Wrongful Death Claim?
Any person who believes he or she may be a survivor or beneficiary entitled to compensation because of a wrongful death has the right to consider starting the investigation of a potential claim.
What Kinds of Damages Are Recoverable in a Wrongful Death Claim?
The following damages may be recovered in a wrongful death action:
- Immediate expenses associated with the death (medical and funeral)
- Loss of victim’s anticipated earnings in the future until time of retirement or death (pension, medical coverage, etc.)
- Loss of care, protection, companionship to the survivors
- Pain and suffering of the deceased before death
- Punitive damages, if appropriate
When are Punitive Damages Available?
Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it
· Wrongful Death Frequently Asked Questions
What is a Wrongful Death Claim?
A wrongful death lawsuit alleges that the deceased was killed as a result of the negligence (or other liability) on the part of the defendant’s, and that the surviving dependents or beneficiaries children or family members) are entitled to monetary damages as a result of the defendant’s conduct.
What Are The Elements of a Wrongful Death Claim?
Generally the death must have been caused, in whole or in part, by the conduct of the defendant. The defendant must be proven to be negligent for the victim’s death. Also, a surviving spouse, children, beneficiaries or dependents are the only ones who can make a wrongful death claim.
Who Should Start the Investigation of a Potential Wrongful Death Claim?
Any person who believes he or she may be a survivor or beneficiary entitled to compensation because of a wrongful death has the right to consider starting the investigation of a potential claim.
What Kinds of Damages Are Recoverable in a Wrongful Death Claim?
The following damages may be recovered in a wrongful death action:
- Immediate expenses associated with the death (medical and funeral)
- Loss of victim’s anticipated earnings in the future until time of retirement or death (pension, medical coverage, etc.)
- Loss of care, protection, companionship to the survivors
- Pain and suffering of the deceased before death
- Punitive damages, if appropriate
When are Punitive Damages Available?
Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it is proved that the defendant’s conduct, which caused the victim’s death, was intentional or malicious.
How Are Future Damages Calculated, and What is “Present Value”?
Many states have adopted life expectancy tables for use in calculating future losses. It is common to take the victim’s earnings at the time of their death and calculate the remaining years until retirement or expected death to figure future loss of earnings. Life expectancy table are also used to calculate loss of benefits, such as the amount of pension benefits, which would have been available, had the victim lived.
At the Juan Cordero Lawyers :Firm, we are proud to service residents all throughout Florida with their wrongful death claims from our offices located in Miami Florida and other cities across the state. For more information about filing a wrongful death claim, please contact a Miami Florida wrongful death attorney from our firm today.
Miami Florida Wrongful Death Lawyers
Wrongful Death Accident Lawyer Juan Cordero Lawyers
Wrongful Death Lawyer in Florida Juan Cordero Lawyers
Wrongful Death Lawyer in Miami Florida
A wrongful death action is a legal action for damages due to the death of another person. Wrongful death occurs when a victim dies because of the injury or toward that is the subject of the lawsuit. The wrongful death must have resulted to do a tort committed by the defendant.
While wrongful death laws vary from state to state, most statutes contain four basic elements: The death of the decedent or victim which was caused in whole or in part by, or can be attributed to, the Defendant (or responsible party); The Defendant intentionally caused or was negligent or is strictly liable for the descendant’s death; There is a surviving spouse, children, dependents or beneficiaries of the decedent; and Damages or injuries have resulted from the death of the decedent. Many relatives can bring a wrongful death action against the tortfeasor. Some states allow only children and spouses or people who financially relied on the victim to recover money. Children allowed to bring a wrongful death action include adopted children. Other states allow the victim’s parents or brothers and sisters to recover in a wrongful death suit. Still other states allow the domestic partner of the deceased to recover. No states allow a divorced spouse to bring a wrongful death action. Once a court has determined who is able to recover, the next major issue in most wrongful death lawsuits is what the qualifying relative will receive as compensation.
Most jurisdictions allow the relative to recover for their grief over the death of the deceased individual. In addition, a qualifying relative may receive compensation for the services the deceased person used to provide for them. Some states allow monetary damages for loss of companionship.
What is a Survival Action?
In contrast, a survival action is so named because the cause of action survives after the death of either party. Here, unlike with wrongful death, it is an unrelated incident that causes the death of either the plaintiff or the defendant. The damage obtained in a survival action belong to the estate of the deceased. The estate can include a trustee, or a court appointed representative who essentially continues the cause of action. Then, the heirs of the deceased’s estate will receive the money if any is won in the lawsuit. The estate’s representative is suing regarding injuries to the deceased before the deceased died. Basically, if the deceased had lived, the deceased would have litigated the matter himself. If the tort was personal to the plaintiff, such as in a defamation case, the plaintiff’s estate will not be able to sue on the deceased individual’s behalf. In contrast, if the tort was against the personal property of the plaintiff, the claim will survive, and the estate will be able to sue on behalf of the deceased individual.
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Wrongful death lawsuits and survival actions can be complex and may require compliance with notice provisions, deadlines, statute of limitation, and more. Because of the complicated nature of wrongful death actions and survival actions, it is extremely important that an experienced wrongful death lawyer be contacted at the earliest possible moment. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights and the rights of your loved ones. We are available 24/7 to give you a free, no risk case consultation! At our firm, our policy is that if you don’t recover compensation, you won’t pay any fees for our services. Not to mention, we also provide free case consultations where we assess the circumstances surrounding your case and give you an objective overview of what steps you can take going forward if you decide to act against the party responsible for your injuries. For over 19 years, we have delivered quality legal representation for people who, through no fault of their own, have been injured in all types of accidents and incidents. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
Juan Cordero Lawyers Tel. 305.525.8957
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Abogado Lawyer Juan Cordero Lawyers Personal Injury Lawyers in Florida
Wrongful Death Statute of Florida
What is Wrongful Death?
What types of Miami wrongful death cases does your firm handle? Juan Cordero Lawyers
At Juan Cordero Lawyers Law Firm, we work aggressively to hold any person or any business that caused the death of your loved one responsible. When anyone with a duty to protect your loved one breaches that duty, they deserve to be held accountable. Some of examples of fatal accidents and the parties that cause them include the following.
- Vehicle accidents, including car accidents, truck accidents, motorcycle accidents, bus accidents, Uber accidents, pedestrian accidents, or bicycle accidents. Fatal vehicle accidents are often caused by drivers who are distracted, intoxicated, speeding, tired, driving too fast for traffic or weather conditions, or violating Florida’s driving laws. According to the Florida Highway Safety and Motor Vehicle Department, there were more than 400,000 traffic accidents in 2021 that killed 3,759 people – more than 10 people a day.
- Maritime accidents. These accidents include cruise ship accidents, commercial and recreational boats, jet skis, and other personal watercraft. The operators and owners of the boats or watercraft are normally liable for accidents involving their vehicles.
- Premises liability accidents. For-profit businesses such as hotels and restaurants are generally liable when people with permission to be on the property are killed due to the failure of the owner to inspect or repair the property. Non-profit organizations such as schools, hospitals, and community service organizations are also liable if they fail to protect guests and visitors. Even homeowners may be liable if they fail to protect their neighbors and visitors.
- Medical malpractice. Doctors, hospitals, pharmacists, and other healthcare providers owe a duty of competent care to their patients. They may be liable for the death of a patient due to surgical errors, delays in diagnosis, birth injuries, and any medical mistakes. Our Miami wrongful death lawyers also represent families when the abuse or neglect of a senior in a nursing home causes them to die before their time.
- Defective products. Some of the many products that may cause the death of a loved one include defective vehicle parts, workplace equipment, children’s toys, household products, and medications.
- Aviation accidents. When planes and other aircraft crash, passengers can suffer fatal injuries.
Who can file a wrongful death claim in Miami?
Florida’s wrongful death law provides that the personal representative of the decedent’s estate can file a claim for the decedent’s survivors and estate. The personal representative is the person named in your loved one’s will or a person approved by the Florida courts to represent the estate.
The survivors normally include the decedent’s spouse, any minor or adult children, the parents, and any relative who relied on the decedent for support.
WHEN THE STAKES ARE HIGH, PEOPLE CHOOSE Juan Cordero Lawyers LAW FIRM.
What damages can be awarded in a Miami wrongful death claim?
At Juan Cordero Lawyers Law Firm, we fully understand that no financial award can replace your loved one. We demand the full amount of compensation that Florida law permits so families can honor their loved ones by living their best lives possible – and hold the wrongful defendants accountable.
Damages in Florida wrongful death case include:
- The value of lost support and services. We are skilled at showing the value of these losses depending on the survivor’s relationship to the decedent, the cost to replace the services the decedent would have provided, and the “amount of the decedent’s probable net incombe available for distribution to the particular survivor.”
- Compensation for his/her mental pain and suffering from the date of the accident and for the loss of the decedent’s companionship.
- “Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.” Parents of a deceased minor child can also demand compensation for their mental pain and suffering due to the death of their child.
- A survivor who paid the funeral bill and any medical expenses is entitled to reimbursement.
- The personal representative of your loved one’s estate can also claim certain financial losses including the income the decedent would have earned but for the wrongful death – if the decedent was survived by a spouse or lineal descendants.
Some additional conditions apply which our Miami wrongful death lawyers are happy to explain in a personal consultation.
How does a wrongful death claim differ from a criminal case?
At Juan Cordero Lawyers Law Firm, we coordinate your wrongful death with any criminal charges that the government may file against the wrongdoers. For example, if a drunk driver killed your loved one, the state of Florida may charge that driver with driving under the influence of alcohol. The evidence in the criminal case often can be used to help your civil case. A conviction of a defendant may also help your civil case.
Since your loved one cannot speak for himself/herself, there are special rules for how the evidence is presented and who can testify. We understand the unique challenges in showing how the defendants caused the death of your loved one. We’re skilled at proving through the testimony of the police, investigators, and other witnesses that the defendants should be held liable for your loved one’s death.
Wrongful Death Case Information How to Proceed.
Wrongful Death in Florida Juan Cordero Lawyers
An accident that results in a wrongful death is disheartening—to say the absolute least. An accident by itself is bad enough, but losing a loved one on top of it is devastating. Mo
st victims’ families don’t think about taking legal action after an accident that has resulted in a death.
But the truth is, depending on the accident, how it happened, and who was involved, your family may be able to recoup some losses by working with a West Palm Beach wrongful death attorney.
Wrongful death claims in the state of Florida can be complex. In fact, there are many misunderstood facts about wrongful death claims that can make matters even more confusing. Read on to learn more about the most common misunderstood facts about wrongful death claims.
What Are Survivor Rights vs. Survival Action?
First off, let’s talk about survivor rights and how they work in Florida. The most commonly used example is a married couple. If one partner dies in an accident, then the surviving spouse immediately inherits and gains access to the spouse’s estate (unless otherwise specified, agreed to, or noted in a pre-existing will).
On the other hand, survival action is a little bit different. Survival action is the legal action that the deceased victim could have taken had he or she survived. A spouse, guardian or other family member could pursue a wrongful death lawsuit on behalf of the deceased victim as a part of survival action.
Now, going back to survivor rights, a loved one or other family member who takes legal action as a part of survival action on behalf of the deceased victim may also be able to recoup financial damages as well as pain and suffering in the form of a settlement as a result of a successful lawsuit. Call us to know about the laws in Florida surrounding survivor rights here.
What Are the Common Types of Accidents?
The following types of accidents commonly—and unfortunately—can become wrongful death claims should a victim(s) pass away from substantial injuries, shock or the impact of an accident.
- Vehicle Accidents – This is the most common type of accident that unfortunately results in a wrongful death claim. Today, most vehicle accidents are caused by distracted driving or drunk driving.
- Pedestrian Accidents – More common that you might think. Since Florida is home to gorgeous weather, the warm sun, and many “walking” cities, more pedestrian accidents—and deaths—can occur.
- Medical Malpractice – More than a breach in the medical standard, “duty of care”. This area can involve surgical errors, prescription and medication errors, and even emergency room (ER) errors—just to name a few
- Premises Accidents – It might sound silly, but slip and fall accidents can lead to devastating injuries and even turn deadly…
- Workplace Accidents – Many work injuries and workplace accidents are resolved by workers’ compensation laws, sometimes workplace injuries turn deadly as a result from common accidents, such as as electrocution, construction-related accidents, burn injuries—just to name a few.
Who is Entitled to Damages?
It can be difficult to determine who can collect damages after filing a wrongful death lawsuit. In most cases, the person(s) who are able to recoup losses and damages includes:
- Spouses
- Children
- Parents
- Siblings
Of course, the relationship of the surviving person(s) to the decedent can vary from case to case. For example, a deceased victim may not be married or have children but may have surviving siblings or parents. Unfortunately, this situation is common with accidents that involve young adults or teenagers.
What Does the Wrongful Death Statute in Florida ACTUALLY Mean?
The statute of limitations for a wrongful death claim in Florida is two years. This means that a spouse or surviving family member, for example, has two years to file a wrongful death claim with the Court.
Interpreting legal jargon can be difficult and overwhelming, especially if you are overwhelmed with grief after losing a loved one in an accident. Working with an experienced and skilled West Palm Beach wrongful death lawyer can help work with you through your case, interpret the laws, and translate how they relate and apply in your case. Call us to know more about the Wrongful Death Act in Florida.
Do I Really Need a Wrongful Death Attorney?
The short answer here? No, you don’t need an attorney. However, having a wrongful death attorney West Palm Beach on your side to guide you through the legal process can be very beneficial.
An experienced and skilled attorney is familiar with the ins and outs of wrongful death claims, and will likely be able to formulate a proper approach to your claim that likely results in a successful settlement.
about working with a West Palm Beach wrongful death attorney here. Call us to know more about your rights.
A West Palm Beach Wrongful Death Attorney Will Fight for the Best Possible Results
A caring and compassionate legal team is what you need to help you and your family see through this challenging time. Take care of your family while a Florida wrongful death attorney takes care of your claim.
An accident that results in a wrongful death is disheartening—to say the absolute least. An accident by itself is bad enough, but losing a loved one on top of it is devastating. Mo
st victims’ families don’t think about taking legal action after an accident that has resulted in a death.
But the truth is, depending on the accident, how it happened, and who was involved, your family may be able to recoup some losses by working with a West Palm Beach wrongful death attorney.
Wrongful death claims in the state of Florida can be complex. In fact, there are many misunderstood facts about wrongful death claims that can make matters even more confusing. Read on to learn more about the most common misunderstood facts about wrongful death claims.
What Are Survivor Rights vs. Survival Action?
First off, let’s talk about survivor rights and how they work in Florida. The most commonly used example is a married couple. If one partner dies in an accident, then the surviving spouse immediately inherits and gains access to the spouse’s estate (unless otherwise specified, agreed to, or noted in a pre-existing will).
On the other hand, survival action is a little bit different. Survival action is the legal action that the deceased victim could have taken had he or she survived. A spouse, guardian or other family member could pursue a wrongful death lawsuit on behalf of the deceased victim as a part of survival action.
Now, going back to survivor rights, a loved one or other family member who takes legal action as a part of survival action on behalf of the deceased victim may also be able to recoup financial damages as well as pain and suffering in the form of a settlement as a result of a successful lawsuit.
Call us to know about the laws in Florida surrounding survivor rights here.
What Are the Common Types of Accidents?
The following types of accidents commonly—and unfortunately—can become wrongful death claims should a victim(s) pass away from substantial injuries, shock or the impact of an accident.
- Vehicle Accidents – This is the most common type of accident that unfortunately results in a wrongful death claim. Today, most vehicle accidents are caused by distracted driving or drunk driving.
- Pedestrian Accidents – More common that you might think. Since Florida is home to gorgeous weather, the warm sun, and many “walking” cities, more pedestrian accidents—and deaths—can occur.
- Medical Malpractice – More than a breach in the medical standard, “duty of care”. This area can involve surgical errors, prescription and medication errors, and even emergency room (ER) errors—just to name a few
- Premises Accidents – It might sound silly, but slip and fall accidents can lead to devastating injuries and even turn deadly…
- Workplace Accidents – Many work injuries and workplace accidents are resolved by workers’ compensation laws, sometimes workplace injuries turn deadly as a result from common accidents, such as as electrocution, construction-related accidents, burn injuries—just to name a few.
Who is Entitled to Damages?
It can be difficult to determine who can collect damages after filing a wrongful death lawsuit. In most cases, the person(s) who are able to recoup losses and damages includes:
- Spouses
- Children
- Parents
- Siblings
Of course, the relationship of the surviving person(s) to the decedent can vary from case to case. For example, a deceased victim may not be married or have children but may have surviving siblings or parents. Unfortunately, this situation is common with accidents that involve young adults or teenagers.
What Does the Wrongful Death Statute in Florida ACTUALLY Mean?
The statute of limitations for a wrongful death claim in Florida is two years. This means that a spouse or surviving family member, for example, has two years to file a wrongful death claim with the Court.
Interpreting legal jargon can be difficult and overwhelming, especially if you are overwhelmed with grief after losing a loved one in an accident. Working with an experienced and skilled West Palm Beach wrongful death lawyer can help work with you through your case, interpret the laws, and translate how they relate and apply in your case.
Call us to know more about the Wrongful Death Act in Florida.
Do I Really Need a Wrongful Death Attorney?
The short answer here? No, you don’t need an attorney. However, having a wrongful death attorney West Palm Beach on your side to guide you through the legal process can be very beneficial.
An experienced and skilled attorney is familiar with the ins and outs of wrongful death claims, and will likely be able to formulate a proper approach to your claim that likely results in a successful settlement.
about working with a West Palm Beach wrongful death attorney here.
A West Palm Beach Wrongful Death Attorney Will Fight for the Best Possible Results
A caring and compassionate legal team is what you need to help you and your family see through this challenging time. Take care of your family while a Florida wrongful death attorney takes care of your claim.
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