If you lost a loved one unexpectedly, you are likely dealing with shock, fear, and intense financial pressure at the same time. It can be difficult for a family to manage hospital and funeral home bills while coping with the sudden absence of another income.
Our Coral Gables wrongful death lawyer will hear your story and represent you—your rights, wishes, grief, and anger. Our personal injury attorneys will take time to listen to you so we can determine what happened to your loved one and who is responsible.
When someone dies due to a wrongful act, negligence, default, or breach of contract or warranty, that person’s estate has the right to bring a wrongful death claim against whoever was responsible under Florida Statute § 768.19.
Our Coral Gables attorneys will help an estate bring actions against anyone who shares fault for the wrongful death, such as:
According to Fla. Stat. § 95.11, most claims must be filed within two years of the death, with some exceptions in medical malpractice cases. Special rules apply if a government unit or employee is the defendant. However, there is no time limit on filing a wrongful death case against someone who committed intentional harm, such as murder or manslaughter.
Most wrongful death claims involve insurance, whether it is auto insurance, commercial liability coverage, or a homeowner’s policy. No insurance company wants to pay out a major claim like this. When they investigate the incident, they will try to find any possible angle that allows them to deny or minimize a wrongful death claim.
Our Coral Gables lawyers know how to conduct an effective wrongful death investigation and seek the right evidence to fight back against insurers and defense counsel. When necessary, we will work with experts such as medical professionals and accident reconstruction specialists to show how the injuries occurred and who is responsible.
When seeking damages, the estate of the person who died can claim the deceased’s remaining medical and funeral expenses, as well as the income they lost while trying to recover from their injury. Family members who contributed to those expenses can seek repayment as well.
The next of kin—usually the spouse, children, or parents—will have rights to damages as compensation for their losses. What exactly each family member can claim will vary depending on the circumstances of the person who died and the family they leave behind.
Establishing a family member’s rights can be confusing when families are complicated or have tense relationships. Our Coral Gables attorneys understand how to address these difficulties in a wrongful death case and determine what is at stake for everyone.
For 30 years, attorneys Mark Kaire and David Heffernan have put clients and families first, working to get judgments and settlements for people who have suffered injuries or death. We understand that these are the hardest days in your family’s life, and we will give you the representation that you need.
Discussing your case with our Coral Gables wrongful death lawyer is free. Take the next step and call us today to make your appointment.
(305) 876-6001