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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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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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 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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