Losing a loved one is hard enough no matter the circumstances, but when they are killed because of an avoidable accident caused by someone else’s recklessness, negligence, or even willful actions, the experience can be even more devastating for the surviving family members, loved ones, and dependants. While no amount of money could bring back the deceased, a wrongful death lawsuit can help to alleviate the financial burden caused by this tragic loss and ensure the surviving dependents do not need to take on this additional economic strain while trying to cope with their loss. This is why working with a wrongful death attorney in Miami is one of the most important steps you can take in the days or weeks following your loss.
1-800-Injured is an attorney and medical referral service. Instead of taking your time tracking down personal injury attorneys in your area who are ready to take your case, we can do the work for you, so you can focus on what is truly important; spending time with your family and working to heal from the tragedy. Once you are connected with a diligent and experienced legal professional, they will be able to take control of your wrongful death claim so you will not need to take on additional stress and uncertainty. You can focus on your personal needs with confidence that someone is fighting to get you the compensation you truly deserve.
What Is Wrongful Death?
Wrongful death is a tort resulting from a set of fatal injuries caused by someone’s reckless, negligent, or malicious actions (or inactions). Essentially, wrongful death is treated like most other torts in that there are a series of factors that must be present in order to move forward with the civil suit:
- The defendant had a duty of care owed to the victim
- The defendant failed to uphold their duty of care
- This failure to uphold the duty of care led to an accident
- The injuries caused by the accident were ultimately fatal for the victim
In certain instances, criminal behavior such as homicide or murder may take the place of an “accident,” but the failure to uphold a duty of care is still present, and the surviving dependents and/or family members can seek compensation through a wrongful death claim.
Common Causes of Wrongful Death Claims in Miami
The following are just a few of the many possible ways someone can be killed in a situation that is ultimately determined to be a wrongful death. Keep in mind that no two deaths are alike, meaning that even if you do see a situation similar to yours listed below, you and your attorney will need to work closely to develop a case that represents the unique factors of your own experience and the death of your loved one.
Car Accidents
Car accidents are a major cause of wrongful deaths, for a range of reasons. The most common fatal car accidents that result in wrongful death lawsuits are things like drunk driving, speeding, reckless or aggressive driving, or distracted driving like texting or using apps behind the wheel. While there are some of the most common causes of wrongful death car accidents, there are countless other examples, so whether or not you see your situation mentioned here, be sure to contact 1-800-Injured for a free consultation with a Miami car accident lawyer as soon as possible.
Pedestrian and Bicycle Accidents
Pedestrians and cyclists are especially susceptible to the dangers of the roads out in Florida Unfortunately, Florida is ranked the most dangerous state in the US for fatal bicycle accidents, and even the most diligent and defensive of riders are at risk on the Florida roads. If you have lost a loved one in a fatal bicycle or pedestrian accident where the driver was at fault, then you and other dependents may be entitled to compensation in a wrongful death claim or lawsuit, and 1-800-Injured can connect you with a pedestrian accident attorney who is ready to take your case today.
Medical Malpractice
Each time we visit a medical professional, we put our trust in their training, certifications, and experience to be confident in their abilities and their guidance. In most instances, your doctor’s recommendations and work will provide you with the appropriate care, but there are many cases where victims are hurt in instances such as prescription errors, misdiagnoses or failures to diagnose, surgical mix-ups, dangerous treatment methods, and more. If you believe your loved one received inadequate care leading to their death, contact us now to be connected with an attorney who can help you make more sense of your legal options moving forward.
Defective Products
When an American consumer purchases a product, they want to trust that the product will function as expected and that it has gone through rigorous quality control measures to ensure that it will work without avoidable injuries due to things like malfunctions or flaws. Most products sold and used in the U.S. each day work as expected, but every once in a while, people are hurt due to manufacturing or design defects or due to failure to properly inform users on how to safely use the product.
Workplace Accidents
Accidents in the workplace are often covered by workers’ compensation, which is a “no-fault” insurance policy that protects both employers and employees from liability in an accident and therefore protects them from being sued. In certain instances, though, a fatal workplace accident may go beyond the limits of a workers’ compensation policy, such as when the accident was caused by an entity not covered under this policy like a contractor, supplier, or manufacturer. To learn more about your options beyond workers’ compensation policies, contact 1-800-Injured today.
Criminal Acts
In acts such as murder, there are criminal charges automatically filed against the defendant by the state or federal government, depending on the nature of the crime and the jurisdiction it took place in. There is not, however, a civil case automatically opened against the defendant for the murder – referred to as “wrongful death” in civil court,” but the surviving dependents may be legally able to file a civil lawsuit against the defendant in order to recover compensation for the damages they have suffered, and will continue to suffer, as a result of this death.