Overview of Miami, Florida Accidental, Wrongful Death Law

A wrongful death claim filed by a lawyer or attorney in Miami, Florida is a suit that arises from the death of an individual that was caused by the conduct of another. Under Miami, Florida law, a wrongful death suit is different from other types of personal injury claims because the actual victim (the "decedent") is not bringing suit, rather it is the family members or the decedent's estate. As such, a wrongful death claim filed by a lawyer or attorney under Miami, Florida law is brought to recover damages for the injuries that the surviving family and/or estate have suffered due to the death of the victim. The damages recovered do not include damages that are personal to the decedent, since the decedent is not allowed by law to recover for pain and suffering, mental distress, or any other form of compensatory damages unique to him or her. The purpose of a wrongful death suit under Miami, Florida law is to provide relief to family members who have been injured emotionally and financially as a result of the family member's death. The plaintiff in a wrongful death action is the personal representative of the decedent. Fla. Stat. § 768.20. The personal representative does not need to have a connection with the events that caused the decedent's death. The decedent's negligence, however, will be imputed to the plaintiff, reducing or barring the plaintiff's recovery on behalf of the estate to the extent that the decedent's negligence was a proximate cause of his or her own death. Perdue v. Copeland, 220 So. 2d 617 (Fla. 1969). If a suvivor is found to be negligent, the non-negligent survivor's recovery cannot be reduced due to another survivor's negligence. Frazier v. Metropolitan Dade County, 701 So. 2d 418, 420 (Fla. 3d DCA 1997)

In Miami, Florida wrongful death cases, special consideration is given to the statute of limiations. Generally, you have two years from the time of the decedent's death to file a law suit. Fla. Stat. § 95.11. Wrongful death actions based on medical malpractice, however, are governed by the medical malpractice statute of limitations which may extend your right to sue to four years. Fla. Stat. § 95.11

In all matters involving Miami, Florida wrongful death lawsuits it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the Miami, Florida wrongful death statute of limitations. If a loved one has been a victim of wrongful death in Miami, Florida, contact us now, CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the Miami, Florida wrongful death statute of limitations expires.

Disclaimer

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. The accidental, wrongful death law information offered by Miami, Florida accidental, wrongful death lawyer (attorney) and contained herein, regarding Miami, Florida (FL) wrongful death law and Miami, Florida accidental, wrongful death claimants' rights is general in scope. No Miami, Florida attorney or lawyer / client relationship with a Miami, Florida wrongful death lawyer or attorney is hereby formed, nor is the Miami, Florida accidental, wrongful death law information herein intended as formal legal advice. Please contact a Miami, Florida accidental, wrongful death lawyer or attorney regarding your specific inquiry. See Terms of Use.