Miami Wrongful Death Attorneys
The unnecessary death of a loved one due to another person’s negligence is a tragedy that no family should have to go through. At Kaire & Heffernan, LLC, we are legal advocates for friends and family facing such an unfortunate situation. Through a wrongful death case, you can pursue legal action against the individual or organization who contributed to the accident.
Beyond the emotional turmoil that comes after the unnecessary death of a loved one, there are often financial troubles that result as well. The deceased may have provided a large portion of the financial stability for the family. We use compassion to fuel our efforts for our clients, helping them pursue a successful wrongful death lawsuit and relieve some of this financial burden.
Who Can File a Wrongful Death Suit?
Florida law allows the survivors of the victim to pursue a wrongful death case. These survivors may include immediate family members, financial dependents, life partners, and even anyone who suffered a financial loss from the death in some cases. However, you should be aware that there are time limits for this type of case. If you are interested in taking legal action, the time to do it is now.
In a wrongful death case, there are several different types of damages you may pursue, including:
- Economic damages – loss of the victim’s earnings, medical expenses, funeral expenses, etc.
- Non-economic damages – damage for pain and suffering, loss of nurturing and care from the deceased, lost companionship, loss of parental companionship, etc.
- Punitive damages – damages designed to punish the responsible party.
Medical Negligence and General Wrongful Death
The type of accident that led to the death of your loved one will dictate the parties that are allowed to pursue a case:
- Medical Negligence: If medical malpractice was what led to the victim’s death, only the spouse, minor child of the deceased, or parent of a minor child are allowed to pursue financial compensation . A minor child is defined as a child under age 25.
- General Wrongful Death: In contrast, if the death was caused by any accident that was not related to medical malpractice, like a fatal car accident, bicycle accident, or pedestrian accident, the individual’s spouse, siblings, minor children and adult children are all allowed to pursue a settlement.
If there are multiple survivors and the wrongful death case is successful with damages awarded, it will be up to the judge to determine the amount that each survivor receives. The judge will consider how close each survivor was to the deceased, and how much the death affected the financial situation of each survivor.
Let Us Focus on Your Case
If you are considering pursuing a wrongful death case, you are already in an incredibly difficult situation. The last thing you want to think about is a lawsuit. Let the Florida wrongful death attorneys at Kaire & Heffernan, LLC be your legal advocates. We are here to assist you in any way we can.
We offer a free consultation to discuss your circumstances and the possibility of taking legal action. Please contact us now to find out how we can help.