Personal trauma can occur anytime as a result of the wrongful death of a loved one, road accident or death due to someone’s negligence. As uncertain as it is, it is also essential to have a qualified person represent you, so you do not go through financial stress while going through a tough time.
There are various state laws with respect to wrongful deaths or deaths due to medical malpractice. And so are the list of forms when you look for a Miami wrongful death attorney. It is important to trust your case with a firm that gives you time and demands less involvement from your side while you are already going through a trauma.
Actions were taken in a wrongful death case
Death upon the negligence of some other person is highly penalized, and the person responsible should be charged with harmful intentions. Like in a car accident, the accused owes a duty of care towards the victim since is the driver is responsible for the safety of the others while driving. In the event of death due to medical negligence, the cause of death should be proved towards indiscipline of the corporation and damages in the form of loss of a family member. Also burial expenses are to be quantified and compensated accordingly.
Compensation towards surviving family members
Surviving family members of wrongful death can seek compensation in the below-mentioned cases as per Florida Statute 768.21 –
- Medical and Funeral Expenses
- Loss of support
- Mental pain and suffering
- Loss of parental guidance
- Loss of earnings of the deceased
- Loss of companionship
The accused in a wrongful death depends on the incident that followed the death. If in case of a road accident of more than two cars crashing against each other, all other drivers can be responsible for the death of a person. In a wrongful death involving medical negligence, either a single doctor can be sued or an entire corporation responsible for a faulty medicine.
The same goes for consumables that did not deliver to standards and led to the wrongful death of an individual.
The statute of Limitations for filing a wrongful death claim for Miami
To avoid misleading wrongful death cases, the statute limits that a death case is valid only if the incident is brought to notice within two years of the accident. Wrongful death cases should not be thought of the same as a criminal case wherein the accused is to go on trial for manslaughter.
In case of medical negligence, the accused physician should be brought into the case at the earliest since it becomes difficult to prove the crime if it takes more than a year since the victim’s death.
An attorney for a wrongful death case
In a wrongful death incident, the first step should be to contact a Miami wrongful death attorney Being a very complex area of law, the pre-investigations take a lot of time to identify the possible defendants.
A two-year deadline to file a wrongful death case should be addressed at the earliest. You should select the best attorney available in the industry, which can help you in getting justice.Check the fees structure and payment method before finalizing any one.