Miami Wrongful Death Lawyer

Losing a loved one, under any circumstances, is devastating. When a family member passes away unexpectedly, it immediately halts your world. Learning that a tragic accident was preventable, save for another party’s negligence, can worsen the pain.

As you process the shock and deal with your heartbreaking loss, you may also worry about your family and its financial future. If you lost a cherished loved one due to negligence, you may be able to pursue legal action under Florida’s wrongful death laws. While any compensation received from a wrongful death case will never replace what you have lost, it can hold the responsible individual accountable for their actions or inactions.

You do not have to face this alone. The compassionate attorney at Klotzman Law Firm will handle the legal and insurance complexities while you focus on yours and your family’s healing. Our legal team will tirelessly pursue justice from the party responsible for the wrongful death of your loved one.

What is a Wrongful Death Lawsuit?

After losing a loved one in a terrible accident, facing the future is a difficult prospect for the surviving family members. A wrongful death suit is a legal action initiated when a person’s death results from another’s negligence or misconduct. It allows the deceased’s estate or family members to seek compensation for their loss.

A wrongful death lawsuit does not hold the at-fault party criminally liable, but it does hold them responsible for their actions, providing families with a sense of justice, and, in cases where the deceased provided primary financial support to the family, a way for the family to keep their home and be able to support themselves.

For example, a married father of three young children is killed in a tragic drunk-driving motor vehicle accident, and the family is left without any income or health insurance. A wrongful death settlement can secure the family’s financial future, pay for the funeral and pending medical bills, and help the surviving loved ones try to move forward.

How Much is a Miami Wrongful Death Lawsuit Worth?

Although no amount of money can ever hope to make up for the tragic loss of a loved one, compensation and justice can help a family or individual regain financial stability and peace of mind. However, it is difficult to provide a value because every case is different.

Our wrongful death attorneys can thoroughly examine the circumstances surrounding your loved one’s death, the severity of negligence involved, the decedent’s income and earning potential, and the emotional suffering of the family. Once we complete our investigation, we will pursue just financial compensation from the guilty party.

A wrongful death lawsuit may result in compensation for the deceased person, including past medical expenses stemming from the accident and lost wages. It can also cover loss of support, funeral and burial expenses, mental pain and suffering, and more. The amount of an injury case can range from hundreds of thousands to millions of dollars.

Why Should I Hire a Miami Wrongful Death Lawyer?

It is difficult for surviving family members to file a wrongful death case alone. Aside from trying to manage grief while handling legal details, if any steps are missed or information is missing, this could harm the case.

A Miami wrongful death lawyer has experience in navigating complex legal processes, handling communications with insurance companies, and advocating for fair compensation on behalf of the deceased’s estate and surviving family members during a very difficult time.

How Can Our Miami Wrongful Death Lawyer Help

The attorney at Klotzman Law Firm can handle communications, negotiations, and all other aspects of a wrongful death case. Our legal team can help you by:

• Evaluating the viability of a case
• Identifying at-fault parties
• Gathering evidence to demonstrate negligence and/or recklessness
• Building a strong legal strategy
• Negotiating with insurance companies
• Representing you in court if necessary

The attorney at Klotzman Law Firm understands the pain and suffering that surviving family members are going through. We will set our sights on securing justice and financial relief for your family by filing a wrongful death lawsuit.

Why Choose Klotzman Law Firm?

The experienced wrongful death attorney at Klotzman Law is well-known in the Miami area due to our strong ties and active involvement in the local community. Our legal team is fully committed to helping Floridians get the legal representation they deserve.

Suffering a wrongful death due to the negligence of another party is something no one should ever have to face. Our attorney will tirelessly advocate for your family to see that the at-fault parties are held responsible for their actions (or inactions).

Should you choose Klotzman Law Firm to represent you and your family, you can expect to receive support, transparency, and personalized legal advice. To date, our Miami law firm has assisted hundreds of victims in receiving millions of dollars in compensation due to the negligence of at-fault parties.

Testimonials

“Thank you to Klotzman Law for taking on our claim and supporting the process throughout. We are pleased with our results!” — Hellene G.

“Thomas Juliano was my attorney from the law firm and I couldn’t be happier with his professional handling of my case! He took the time to explain my rights and let me know what to expect each step of the way. With his “I am here for you attitude” and expertise with my claim. I am not only impressed with how he handled my claim but am very impressed with how fast it was settled! Not only did he get me a fair settlement, he was on top of when it was due to be paid and filed a new motion for tardiness when they was late with the settlement. I highly recommend this law firm and Tom!” — Betsy H.

“After a year with little progress towards settlement, I decided to have the Law Offices of Scott Klotzman [Klotzman Law Firm] handle may claim. The office was amazing communication was a super plus. Ms. Brittany Alexander, Esq. was just great we had a settlement within two months. Highly recommend this firm.” — Steven B.

Who May File a Wrongful Death Case in Florida?

Under Florida law, the personal representative of the deceased’s estate is responsible for filing a wrongful death lawsuit on behalf of surviving family members.

The representative can be chosen by an individual before their death and named in a will or estate plan, or in the event of an unexpected death where no one has been named, one may be appointed. Once the personal representative files a wrongful death claim, if compensation is recovered, it is paid to the victim’s estate, which will then distribute the funds to the family members.

It is important to know that the representative must name every potential survivor with a legal interest in the case when filing a claim. In Florida, those individuals include surviving spouses, minor children, adult children, parents, dependent family members, and children of unmarried parents.

What Types of Incidents Can Lead to a Wrongful Death Case?

Wrongful deaths in Miami-Dade County can be caused by different types of accidents and/or intentional actions, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Boating accidents
• Premises liability
• Swimming pool accidents

What Damages Can Be Claimed and Recovered in a Wrongful Death Lawsuit?

A wrongful death lawsuit may cover medical expenses and lost wages of the decedent, along with their funeral expenses. Damages can also cover loss of companionship, mental pain, loss of financial support, and other economic family losses. In certain cases, punitive damages may be awarded to penalize the liable parties for egregious behaviors.

Who is Liable in a Wrongful Death Lawsuit?

To prove negligence in a wrongful death case, you must demonstrate that the defendant owed the deceased a duty of care, that the defendant breached that duty of care, and that the breach was the legal cause of the death. In other words, in a negligent act, the wrongdoer did not intend to cause the death, they may have done something that accidentally caused a death.

How Long Do I Have to File a Wrongful Death Suit in Florida?

The statute of limitations for filing a wrongful death suit in Florida is typically two years from the date of death. It takes time to assemble a strong case, so this timeframe is not as long as it might sound. To preserve evidence and build a case, families want to consult with an experienced wrongful death attorney promptly to ensure compliance with this deadline.

What is the Legal Process for Pursuing a Wrongful Death Case?

Pursuing a wrongful death case involves several steps, including investigating the claim, identifying liable parties, filing the lawsuit through the personal representative, engaging in settlement negotiations, and potentially proceeding to trial if a fair settlement isn’t reached.

What if I Cannot Afford a Lawyer?

Most wrongful death lawyers operate on a contingency fee basis, meaning they only receive payment if you win your case. If you do not receive compensation, neither will the attorney. This fee structure allows families to pursue legal action without the concern of upfront legal fees.

Get the Support You Need

No one should ever have to face the pain and suffering that surviving family members of wrongful death accidents must live with, knowing their loved one was lost to senseless negligence. Filing a lawsuit against the responsible party will not bring back a precious family member, but it can provide a sense of justice, closure, and financial stability.

The compassionate personal injury attorney at Klotzman Law Firm can help. Our attorney will listen to your side of the story, gather evidence, and work tirelessly to pursue justice for your family. Call our law office at 786-823-3635 to schedule a free consultation or fill out our online contact form.