Did you lose a loved one to medical practice or an auto accident in Miami? If you have a valid wrongful death claim, you need to first file an estate claim in the probate court, which gives you the right to sue on behalf of the deceased. Insurance companies do their best to evade wrongful death claims, primarily because the compensation tends to be a lot higher. Your immediate response should be to call an attorney, and you can check this website to get a free consultation for your claim. In this post, we are discussing more about wrongful death claims and things that matter.
Proving fault
One of the key challenges in winning a wrongful death claim is to prove that the other party was negligent and the death of the deceased was preventable. There are several elements to prove, including –
- As with injury claims, you must prove that the defendant had a “duty of care” to the deceased.
- Next, you must prove that the defendant didn’t adhere to the duty that they owed to the deceased.
- The third aspect is to prove that the defendant’s action was the cause of death.
- You must also prove that the person’s death has resulted in damages to immediate family members.
How much is your wrongful death claim worth?
It depends on a bunch of factors, which is also one of the reasons why you need to lawyer up. Compensation for some wrongful death claims is as high as $1 million, but each case is unique and must be evaluated accordingly. The damages you can recover may vary, but in most cases, it includes medical expenses, loss of service, loss of support, losses to the estate, pain and suffering, and funeral expenses.
Who can file a wrongful death claim in Florida?
Typically, the deceased’s spouse, children, and parents are collectively called survivors and can pursue a wrongful death claim. Also, the estate can also claim damages after the death of a person, and this includes beneficiaries who would get a part of the estate as per the will or intestacy statutes in Florida.
Understanding the caps
Damages may be limited in some cases. In Florida, there’s a cap on the non-economic damages awarded for wrongful death lawsuits. Talk to an experienced attorney to understand what your claim is worth and what you can expect regarding the legal process.
Don’t let your trauma take over your senses – Speak to an attorney about the wrongful death claim.
