Losing a loved one as a result of someone else’s negligent activities is difficult. It is normal to feel angry and sad and to want to seek justice. We understand the strong emotions which often accompany a wrongful death.
It is only right to expect the responsible party to help you cover the financial and emotional damages included in a wrongful death case. Our wrongful death lawyers in Miami, FL, can help you recover compensation on behalf of the deceased’s estate and qualifying loved ones. Let Chalik & Chalik Injury Lawyers focus on your legal issues so you can turn your attention to your family during your time of loss.
Types of Wrongful Death Cases Our Practice Handles
A wrongful death case includes any situation in which someone loses their life due to the negligence of another party. The Legal Information Institute defines negligence as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.”
Our personal injury team can assist with wrongful death cases involving:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical malpractice
- Birth injuries
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Construction accidents
- Slip and falls
- Dog bites
- Workplace injuries
Some wrongful death cases could fall into more than one legal category. For example, a wrongful death case stemming from medical malpractice will look very different from a case involving a death caused by a vehicle collision. Our firm can represent your and your specific legal issue.
Accidental Injuries Are the Leading Cause of Death in Florida
If you lost a loved one due to a fatal accident, you are not alone. According to the Florida Department of Health, accidents are the leading cause of fatality for Floridians aged one to 44 and the fourth leading cause of death across all age groups.
Whether your family member died in a car accident on Flagler Street, suffered a fatal injury in a slip and fall at Hard Rock Stadium, or drowned in a swimming pool accident at a beachfront hotel, we could help. Our Miami wrongful death lawyers will pursue justice for your family.
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Near Me (305) 944-2035
We Will Prove Fault for Your Loved One’s Death
We must investigate and prove negligence to seek compensation for wrongful death. Our team of Miami wrongful death attorneys will work to establish that someone else’s actions caused your loved one’s fatal injury. We will investigate the case, collecting all necessary information to determine who is responsible.
We will collect the necessary evidence to demonstrate liability in the following ways:
- We will demonstrate the responsible party had a legal duty of care to the deceased.
- We will demonstrate the responsible party breached their duty, either intentionally or through negligent activities.
- We will demonstrate the negligent activities were the cause of death.
- We will demonstrate the negligent activities would have made the defendant responsible for damages to the deceased had they lived.
Our legal team will work to collect the necessary documentation to establish these important elements. We will pull information from medical records, police reports, witness statements, and any images or videos of the accident. If necessary, we will request additional information from expert witnesses. These could include medical professionals and accident reconstruction specialists.
Chalik & Chalik Wrongful Death Lawyer Near Me (305) 944-2035
What Is the Statute of Limitations on Wrongful Death in Florida?
Our attorneys will ensure we stay within Florida’s wrongful death statute of limitations, which is two years, according to Florida Statutes § 95.11(4)(d). Florida requires we file all wrongful death cases within two years from the date of the death. This time limit can come quick as families deal with funeral plans and grief. If you wait too long, you will likely be unable to collect the compensation you deserve.
The legal process can be time-consuming and complex, so begin this process as soon as possible. Collecting the necessary evidence and investigating further into the case can take time.
This deadline matters—even if you plan to pursue compensation through an insurance claim. An expired statute can result in the insurance company reducing or denying your settlement because they know you no longer have the option of taking legal action. See how our Miami wrongful death attorney can help you.
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Possible Recoverable Damages for a Wrongful Death in Miami
We understand financial and emotional damages are often a part of wrongful death cases. You could lose the income you have come to rely on and the emotional support and companionship your loved one offered. Fortunately, you can recover expenses related to your loved one’s fatal injury and compensation for intangible losses.
According to Florida Statutes § 768.20, family members of the deceased cannot file a wrongful death claim directly. Instead, the deceased’s personal representative, or “executor,” must take action on their behalf. Florida also divides wrongful damages into two categories: those awarded to the deceased’s estate (which are then divided among beneficiaries) and those awarded to qualifying survivors.
In general, our team of wrongful death lawyers in Miami will work to collect the following types of damages in your wrongful death case:
- Medical expenses, including emergency transportation and treatment, doctor and hospital bills, and medical procedures
- Funeral costs, including memorial services, burial or cremation, and the burial plot
- Loss of income, this includes income lost from the time of injury until death, as well as wages the deceased would have earned (had they lived)
- Loss of employee benefits, including health insurance and retirement contributions
- Loss of parental guidance
- Loss of consortium
- Surviving family members’ mental and emotional pain and suffering
For a free legal consultation with a Chalik & Chalik lawyer serving Miami, call (305) 944-2035
How Our Miami Wrongful Death Legal Professionals Can Assist You
Our team can help you in many ways, including:
The details of the events leading up to your loved one’s death are important to the case. The complimentary and confidential consultation is an important part of the legal process and gives us the opportunity to collect more details about your case. It also gives you a chance to ask questions and understand more about taking legal action and the potential value of your claim.
We must determine all the damages present when one party is responsible for the death of another. Some damages, including medical costs and funeral expenses, are easy to calculate. However, the noneconomic damages can be more difficult to properly calculate.
It can be hard to put a number on the pain and suffering of the victim, as well as the loss of parental guidance and companionship to the surviving family. We know how insurance agents calculate these damages, and we will pursue all possible damages.
Investigate the Case
It is not always straightforward to determine who is at fault in a wrongful death case. We will complete the necessary investigation to ensure the responsible party pays for the monetary damages and pain and suffering they caused.
Even when it is clear who is at fault, it is not always simple to establish fault. Our Miami wrongful death lawyers can help you collect the necessary information to place the blame where it belongs and get the awards you need.
Navigate the Legal Process
The surviving family members in a wrongful death case have already been through a lot and should not have to go through a complex legal process. We will assist you with the wrongful death case from start to finish. We will keep your best interests in mind and get you the compensation you need.
Our attorneys will handle case-related communications, paperwork, and deadlines. We will deal with insurance adjusters and opposing counsel, so you do not have to. Your lawyer will always fight for your best interests. During negotiations, we will seek fair compensation and will not back down from pursuing a lawsuit when necessary.
Why a Wrongful Death Lawyer May Be Important for Your Case
Working with our wrongful death lawyers in Miami can eliminate some of the overwhelming stress you may be experiencing. We understand that nothing can bring back your loved one, but we can help you collect compensation to ease your financial and emotional burdens.
Call us today to see how a Miami wrongful death lawyer from Chalik & Chalik Injury Lawyers can help you.
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