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Understanding Wrongful Death Claims in Miami: Legal Options for Families After Fatal Car Accidents

Flanagan & Bodenheimer Injury and Wrongful Death Law Firm

At its core, a wrongful death claim seeks to hold accountable those responsible for the death of an individual due to negligence or wrongful actions. In Miami, as in other jurisdictions, wrongful death claims provide families with a legal avenue to pursue compensation and accountability for their loss. Grounded in civil law, these claims aim to provide financial support for the deceased’s dependents and ensure that negligent parties are held accountable for their actions.

Who is Eligible to File a Wrongful Death Claim?

In Miami, certain parties are eligible to file a wrongful death claim on behalf of the deceased. This typically includes the deceased’s spouse, children, and parents. In cases where the deceased had no surviving spouse, children, or parents, other dependents or beneficiaries may be eligible to bring forth a wrongful death claim. These eligibility criteria ensure that those most affected by the loss have the opportunity to seek justice and compensation.

Types of Damages Available

Wrongful death claims in Miami seek to compensate families for various types of damages incurred as a result of the loss of their loved one. Economic damages may include medical expenses, funeral costs, and lost income or financial support. Non-economic damages, such as pain and suffering and loss of companionship, aim to address the emotional toll of the loss.

The Process of Filing a Wrongful Death Claim in Florida

The process of pursuing a wrongful death claim in Miami typically begins with an initial consultation with a personal injury lawyer. During this consultation, families can discuss their case, gather information, and explore their legal options. Subsequently, a thorough investigation of the accident is conducted, including gathering evidence and identifying liable parties. Once the claim is filed with the appropriate court, negotiations with insurance companies or defendants may ensue, with the goal of reaching a fair settlement. In cases where a settlement cannot be reached, litigation and trial may be necessary to secure the compensation families deserve.

Navigating the complexities of a wrongful death claim in Miami requires the expertise of a skilled wrongful death lawyer. Our attorneys serve as advocates for families, guiding them through the legal process with diligence. From conducting investigations to negotiating with insurance companies and representing families in court, wrongful death lawyers play a crucial role in ensuring that families receive the justice and closure they deserve.

Can You File a Wrongful Death Claim After a Fatal Car Accident Even if the Deceased Was at Fault in Florida?

In Florida, the concept of fault in a fatal car accident can be complex, especially when considering the state’s comparative negligence law. Under Florida’s comparative negligence system, fault is apportioned among all parties involved in an accident based on their degree of responsibility. This means that even if the deceased was partially at fault for the accident, their surviving family members may still be eligible to file a wrongful death claim, provided that another party’s negligence also contributed to the accident.

When evaluating a wrongful death claim in Florida, courts consider various factors, including the degree of fault assigned to each party, the extent of damages incurred by the surviving family members, and the evidence presented to support the claim. While the deceased’s fault may impact the amount of compensation awarded, it does not necessarily bar the family from seeking legal recourse.

Leading Causes of Fatal Car Accidents in Florida

  • Distracted Driving: One of the leading causes of fatal car accidents in Florida, as in many other states, is distracted driving. With the prevalence of smartphones, drivers often give in to the temptation of texting, browsing social media, or engaging in other distracting activities while behind the wheel. Even a momentary lapse in attention can have devastating consequences, leading to collisions resulting in serious injuries or fatalities.
  • Impaired Driving: Driving under the influence of alcohol or drugs remains a significant factor contributing to fatal car accidents in Florida. Despite stringent laws and public awareness campaigns, impaired drivers continue to pose a serious threat to road safety. Intoxicated drivers often exhibit impaired judgment, reduced reaction times, and diminished coordination, increasing the likelihood of collisions and fatalities.
  • Speeding: Excessive speed is another common factor in fatal car accidents throughout Florida. Whether due to aggressive driving behaviors or disregard for posted speed limits, speeding significantly increases the risk of accidents and reduces the driver’s ability to react to hazardous situations. High-speed collisions are often catastrophic, resulting in severe injuries or fatalities for drivers, passengers, and pedestrians alike.
  • Reckless Driving: Reckless driving behaviors, such as tailgating, weaving in and out of traffic, and disregarding traffic signals, contribute to a significant number of fatal car accidents in Florida. These behaviors not only endanger the lives of the reckless drivers themselves but also pose a serious threat to other road users. In their pursuit of speed or convenience, reckless drivers often disregard basic traffic laws and exhibit a blatant disregard for the safety of others.

Free Consultation With a Miami Wrongful Death Lawyer

In the wake of a fatal car accident in Miami, families are left grappling with immense grief and uncertainty. However, wrongful death claims offer families a legal avenue to seek justice and compensation for their loss. By understanding the legal framework governing wrongful death claims, families can navigate the process with confidence. While the road to justice may be fraught with challenges, pursuing a wrongful death claim can ultimately provide families with the closure they need to begin the healing process.

Flanagan & Bodenheimer focuses exclusively on personal injury and wrongful death claims throughout Florida. Our law firm purposely maintains a small caseload in order to provide personalized attention to every client. While our main offices are located in Miami, FL and Hollywood, FL, we accept cases throughout all of Florida including Fort Lauderdale, Aventura, Kendall, Homestead, Hialeah, Doral, West Palm Beach, Orlando, Tampa, Jacksonville, and other areas.

If you lost a loved one in a fatal car accident in Florida, contact Flanagan & Bodenheimer at 305-638-4143 for a free consultation in English or Spanish.

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