How a wrongful death lawsuit works?

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When someone you love dies unexpectedly, the grief and shock come in waves. When that death is at the hands of someone else – either accidentally or otherwise – it is only natural to want to place that blame where it belongs. It is a sad fact of life that no amount of blame placement will ever get your loved one back – but that does not mean you are not due compensation.

Here in Miami, the wrongful death lawsuit is something we encounter all too often. Many family members do not pursue cases they really ought to out of fear of the stress they are already under becoming magnified. Today, we want to discuss how the wrongful death lawsuit process works, so that we can show you just how simple it can be. 

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What is A Wrongful Death Lawsuit?

A family member or loved one can hire a Miami wrongful death attorney to file a wrongful death claim. The wrongful death lawsuit focuses on your family and their recompense, as opposed to a Survival Action. The Wrongful Death lawsuit is in place so that those that survive a loved one can claim back against funeral expenses, end of life costs, and even against their grieving process.

A wrongful death lawsuit exists so that families of those killed accidentally can get some sort of monetary feedback. Common types of wrongful death lawsuits occur when a client’s family member is killed in a vehicle accident, as a result of medical malpractice, or as a result of any other accident in a commercial, retail, industrial, or incidental way. 

Can I File A Wrongful Death Lawsuit in Miami? 

If you are a family member or loved one of the deceased parties, then you might have a claim. Check whether the following applies to you to see if your claim will be taken up by a lawyer:

  • The victim was owed a duty of care by the defendant.
  • That duty of care was breached.
  • The fact that a breach happened caused the death.
  • That damages occurred as a result of the death (for example, funeral costs, wages and earnings, loss of a father or mother figure etc.)

What Happens After I File my Lawsuit?

If you think all of this applies to you and you want to go through with your wrongful death case, find an attorney willing to represent you. They will take charge of the paperwork and do the investigation into the case, should you be too overwhelmed by grief to comply. 

At this difficult time, your attorney is like a solid island in a sea. You can turn the information over to them and let them work the case while you are at your lowest. They will work on your behalf, get some recompense for the wrongful death, and keep you informed of every step. 

Once a verdict has been reached, they will complete the documents again, help with transferring or negotiating with the defendant’s attorneys, and basically ensure your life is trouble free when you are in need. 

Should I File for Wrongful Death?

If all the above applies to you, and if you are within the statute of limitations (which is 2 years from the death date in the state of Florida), then you may well have a case. You should consult with an attorney to see where you stand. It will not bring them back, but it will ease the financial pain of the passing… and that is the very least you are owed.

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