Losing a beloved friend or family member is always difficult, even in the best of circumstances. However, it is especially heartbreaking if it was due to the negligence of someone else. Below is an overview of personal injury law and how it can help you obtain a settlement for the wrongful death of your loved one. If you are facing this difficult situation, it can help to speak with a wrongful death lawyer in Miami for advice.
What Is A Wrongful Death?
Accidents happen everyday and in many different ways. While most accidents are unavoidable, others happen because someone was careless or negligent and caused someone to die. The following situations are common causes of wrongful death lawsuits in the United States today:
- Medical Malpractice
- Commercial Truck Accidents
- Motorcycle Accidents
- Birth Injuries
- Car Crashes
- Slip And Falls
Proving Negligence
The very core of every wrongful death case is proving that the at fault party was negligent and caused the deceased’s death. Because every situation is different depending on the circumstances surrounding the case, it can be difficult to prove who was at fault. Some situations that may point to negligence are:
- Driving Under The Influence
- Speeding
- Failure To Adhere To Traffic Signals And Signs
- Driving While Distracted
- Road Rage
- Medication Errors
- Missed Or Delayed Diagnosis
- Improper Communication Between Doctors And Staff
Proving your case may be difficult, but you can greatly improve your chances by hiring a lawyer to represent your family in court. A lawyer has resources at his disposal that may help prove your case so you can obtain a fair settlement for the wrongful death of your loved one.
Damages
It is difficult to tell exactly what damages you may be awarded in a wrongful death case, but there are some that are typically given to surviving family members such as:
- Unpaid Medical Bills Related To The Death
- Funeral Costs
- Burial Fees
- Loss Of Consortium
- Loss Of Companionship
- Pain And Suffering
- Mental Anguish
- Lost Income
- Future Lost Income
These are examples of what you may be entitled to receive if you are successful in your personal injury case. Because personal injury law is complex and difficult to understand, it is best to have an experience lawyer calculate the amount of your damages and accident related expenses.
Who Can File A Wrongful Death Lawsuit?
The law allows certain family members to file a wrongful death lawsuit such as the deceased’s:
- Spouse
- Domestic Partner
- Children
- Step Children
- Parents If Deceased Is Under 18
If you have lost a loved one due to the negligence of another person’s actions, contact a wrongful death lawyer in Miami for advice. After speaking with you, a lawyer will let you know if you have a case and how you should move forward to obtain compensation for the death of your loved one.