Picking up the pieces and adjusting to a new way of life following a loved one’s death is one of the most difficult things you may endure. Your sense of loss may be worse if your loved one passed away unexpectedly as a result of someone else’s negligence, or if you feel their death could have been avoided. Filing a wrongful death claim against the responsible individual can help you recover from the emotional and financial devastation that follows an unexpected passing. If you are searching for a Miami wrongful death lawyer to help you, Michael T. Flanagan can help. Call our firm today to request a free case evaluation.
As you prepare to file a wrongful death claim, you may have many questions about the process and potential outcomes. In our prior post, we answered a few questions about wrongful death, such as what defines a wrongful death, who can file a wrongful death claim, and what an individual must prove to be successful in their case. Today, we will continue our discussion by answering a few more frequently asked questions about these types of claims.
Frequently Asked Questions About Wrongful Death
What Kind of Damages Can Be Awarded If I Prove My Case Successfully?
If you are successful in proving your wrongful death claim, there are a couple of different ways you may be compensated. You may be compensated for the medical bills and funeral expenses incurred as a result of your loved one’s passing. Individuals are also frequently compensated for the lost future earning potential of the decedent, and juries may also award funds for loss of companionship. Punitive damages may be awarded if the accused’s negligent act was especially troublesome, such as driving under license revocation with repeat DUI’s.
What Is the Most I Can be Awarded for My Claim?
There are three types of damages that can be awarded in wrongful death claims. Each type is awarded separately, and not all have maximum caps:
- Economic damages. Florida currently does not cap the amount of damages that can be awarded to compensate an individual for incurred expenses.
- Non-economic damages. Not long ago, there was a $1 million cap on pain and suffering. The Florida Supreme Court recently ruled this cap was unconstitutional, allowing for much larger verdicts and settlements.
- Punitive damages. There is no cap on punitive damages if the accused intended to harm the decedent. If there was no harm intended, the damages may cap anywhere between $500,000 and $2 million, depending on the actions of the accused.
Every wrongful death claim is unique. To review the specific merits of your claim, contact our firm today to speak with a Miami wrongful death lawyer.
Is There a Deadline for Filing a Wrongful Death Claim in Florida?
Under Florida law, eligible survivors have two years from the date of their loved one’s death to file a wrongful death claim. If no action is taken before this deadline, survivors may be barred from recovery.
Do I Need to Hire an Attorney to Help Me?
Some individuals feel intimidated by the process of locating an attorney, and others may worry that they cannot afford to hire a wrongful death lawyer. However, representing yourself may hinder your chances of obtaining the best results possible. Personal injury attorneys are well-versed in the laws and statutes that govern wrongful death claims, and you could miss important filing deadlines, barring yourself from recovery. Additionally, in the event that your case goes to court, it is beneficial to have an experienced litigation attorney on your side. Finding a qualified Miami wrongful death lawyer to handle your case can help streamline the process for filing important legal documents, lower your stress levels, and help you obtain the best possible outcome for your case.
Miami Wrongful Death Lawyer
If you have questions about your legal rights following the passing of your loved one, our wrongful death law firm is here to help. Michael T. Flanagan is an experienced Miami wrongful death attorney who will fight for your rights and help you navigate through the uncertainty after an untimely, senseless death. Our team will take the time to review the details of your case so that we can prepare you for the possible outcomes, and you can count on us to ensure there are no missed deadlines or paperwork related to your case. If you are ready to speak with a local wrongful death lawyer, contact us today to discuss your case.