The travesty of death can truly take a toll on you. You are filled with a range of emotions and questions. How did this happen? Could it have been prevented? What are the next steps I need to take? When the death of your loved one hits you unexpectedly you might not know what to do. It’s incredibly frustrating and unfair when if it weren’t for another’s negligence, your loved one would still be here today. Before making a wrongful death claim you must know what factors need to be proved as well as if you’re eligible to make this claim.
In order to bring a wrongful death claim there are several factors you must prove. These factors are negligence, causation, breach of duty, and damages. Negligence is the first factor and is common in law. An example that would prove negligence would be if your loved one was hit on a motorcycle by a car that didn’t see them while changing lanes. You must also be able to prove that the other party owed your deceased loved one a duty and how they breached this duty. In the previous scenario the other driver owed your loved one a duty of care while on the road and they breached this duty by not observing their surroundings and acting with caution. The surviving members must also prove how the death of the deceased has brought about damages. Damages can include things such as medical costs, funeral costs, loss of inheritance, loss of wages from the deceased, or pain and suffering.
The state of Florida requires the personal representative of the deceased to file the wrongful death claim. This person is either named in the will of the deceased or estate plan. If either document doesn’t exist, then the court will appoint a personal representative. The personal representative files for surviving members that are entitled to any damages that are incurred. This includes the deceased spouse, parents, and children. It also includes any relative related by blood to the deceased or adopted sibling(s) who were dependent upon the deceased for aid or support. If the deceased had a child without being married to the other parent, then the child is entitled to damages. However, in the state of Florida, if the deceased was a father in this scenario, then the child can only recover damages if the father aided in contributing the support of the child and recognized them as his own.
When your loved one dies it can be extremely tragic. This is an extremely emotional time for you and your family. You truly deserve justice. Your loved one didn’t deserve to die. You need someone on your side who can get the compensation you deserve. Neufeld Law Firm handles multiple different types of wrongful death claims including car accidents, medical malpractice, and product liability. Contact Neufeld Law Firm today for experienced Miami Wrongful Death Attorneys on your side. Call 305.931.6666 or 954-523-8292 for a free consultation. Our simply fill out our contact form.