Florida personal injury law is designed to help victims who were harmed by another person’s negligence be made whole. However, when a personal injury claims the life of a victim, no amount of compensation can ever bring a loved one back or make things right. Nonetheless, a wrongful death claim may be able to ease the financial burden of your loved one’s unexpected death and give the family some degree of justice.
If you lost a loved one due to someone else’s negligent conduct, a Miami wrongful death lawyer from Chalik & Chalik Injury Lawyers is here to help. We will treat you with compassion and help you recover compensation for your losses. Contact us at (305) 944-2035 to learn about filing a wrongful death claim.
Florida’s Wrongful Death Law Allows Certain Family Members to File
Florida’s Wrongful Death Act is codified under Florida Statutes § 768.16-768.26. This law allows certain family members to bring a claim against the negligent defendant whose “wrongful act, negligence, default, or breach or warranty” caused the death of their loved one.
The victim’s personal representative files the claim on behalf of the victim’s survivors, which may include the decedent’s:
- Spouse
- Children
- Parents
- Blood relatives or adoptive siblings who are partially or fully financially dependent on the decedent
Wrongful Death Claims May Cover Medical Malpractice
Wrongful death claims can cover a wide range of accidents, from car accidents to defective products. However, in the context of medical malpractice, wrongful death claims tend to revolve around how a medical professional’s negligence may have caused a loved one’s death.
Instances that may occur at a medical facility that could lead to a wrongful death claim are:
Medical Malpractice
A medical malpractice claim arises when a healthcare provider fails to provide care by the accepted standard of care for the area and specialty. When a healthcare provider’s mistake results in death, the family may consider filing a medical malpractice lawsuit. Some examples may include:
- Surgical error
- Wrong diagnosis, treatment, or prescription
- Patient neglect or abuse
- Misreading results from bloodwork or imaging scans
- Prematurely discharging a patient
- Disregarding patient’s medical history
Premises Liability
Premises liability refers to a civil claim based on being injured on property that is supposed to be properly maintained by another person, business, or government entity. If your loved one died at a hospital, clinic, or another medical facility because of negligent action, they may be able to pursue a wrongful death claim based on premises liability. Some examples might include:
- Uneven ground or flooring
- Spills that are not cleaned up
- Criminal activity that was not curtailed
- Lack of security
- Lack of supervision
Product Liability
Individuals may be harmed or even killed by defective products, including dangerous drugs or defective medical devices.
You May Be Able to Recover Potential Damages in a Wrongful Death Case
Florida Statute § 768.21 specifies the damages that the decedent’s survivors can potentially recover in a wrongful death claim. These damages include:
- Loss of financial support from the decedent
- Loss of companionship and protection (for the surviving spouse)
- Loss of parental companionship, instruction, and guidance (for minor children)
- Mental pain and suffering from the date of injury
- Medical expenses
- Funeral expenses
- Loss of earnings
- Loss of the prospective net accumulation of the estate
Some of these damages are only available to certain family members or may only be recovered by the personal representative of the estate.
There Is a Deadline to File a Wrongful Death Claim
Generally, the deadline to file a wrongful death claim is two years from the date of death. However, there are times when this deadline may be longer or shorter, so be sure to contact a Miami wrongful death lawyer to find out what the timeline is in your particular situation.
Contact Chalik & Chalik Injury Lawyers today to see how long you have to file your wrongful death claim. You can speak with a team representative in Miami by calling (305) 944-2035.
How Our Miami Wrongful Death Lawyers Can Help
Our team will assist you with all aspects of your claim. In particular, we can help by doing the following:
Prove Liability
Our team can carefully analyze the circumstances surrounding your loved one’s death to determine whose negligent behavior caused the death. We can gather evidence that helps establish liability, including:
- Medical records
- Lab work reports or imaging scans
- Eyewitness reports
- Documentation of previous incidents
- Photos and videos of the injury that caused the death
Account for Damages
Wrongful death claim damages can sometimes be difficult to quantify because you might need to compare how you would have benefited from your loved one’s ongoing care and support had the death not occurred. This may require hiring expert witnesses who can testify about your financial losses.
Additionally, our lawyers can meet with you and have an in-depth conversation with you about how your life has changed because of the loss of your loved one. This can help us to account for all of the ways you were affected and ensure that these losses are included in your demand for damages. We will work to collect supporting documentation to establish your loss of income and support and other damages.
Communicate with Insurance Companies
There may be a medical malpractice insurance policy in place by your health care provider to help cover some of the financial losses you have experienced. Our personal injury team will communicate with relevant insurance companies and negotiate a fair settlement on your behalf. If they refuse to offer compensation that is adequate to cover your losses, we can discuss taking the case to trial.
Contact Us Today for Your Free Case Review
If you lost a loved one because of another person’s conduct at a hospital or medical facility, Chalik & Chalik Injury Lawyers can help you file a wrongful death claim to recover compensation for the loss of your loved one.
Your Miami wrongful death lawyer will stand by you during this trying time and be the support that you need. We charge no attorney’s fees unless you receive compensation for your claim. Contact our team today at (305) 944-2035 to learn about how you can protect your rights.
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