The loss of a loved one is something that cannot be replaced, yet most people feel uncomfortable or unable to discuss legal options during the grieving process. Holding those responsible for the death of a loved one is imperative, which is why Miami wrongful death claims are so important to consider. The next of kin seek compensation from those whose negligence caused the death. This recovery can assist with pain and suffering, lost wages, funeral expenses, burial costs, and medical expenses.
In general, wrongful death is a terrible accident caused by the neglect or carelessness of someone. Florida law requires that the personal representative of the family of the deceased person make the wrongful claim of death. In the will or estate plan of the deceased person, the personal representative may be called. If there is no will or estate plan, then the court must nominate the personal representative.
Although the personal representative files the wrongful death claim, it is made on behalf of the estate of the deceased person and any family members that are surviving. The personal representative is required to name every survivor who may have an interest in the case when they file the claim.
For a successful wrongful death claim, a trio of things needs to be proven. For one, it must be proven that the other side acted in a manner that was negligent, reckless or intentional. Second, it must be proven that the cause of death was a result of the other side and finally, the amount of damages must also be proven.
Only certain members of the family may recover damages in a Florida wrongful death case. These individuals include the spouse of the deceased person, their children, and parents of the deceased, and any family or adopted sibling who is partly or entirely dependent on the deceased for services or support.
If a child is born to unwed parents, if his or her mother dies, the child can seek damages in a case of wrongful death. Nevertheless, if the child's father dies, the child can only claim damages if the parent officially acknowledges the child as his own and is obliged to contribute to the child's welfare.
It's important to understand the differences between a murder and a wrongful death. Murders are acts of intent to end the life of another person. Those are typically pre-planned incidents, although there are such terms as "negligent killings." Depending on how much premeditation there was before the crime, there are varying degrees of murder.
Murders are charged in criminal courts and sentenced by states; in some jurisdictions, defendants are sent to prison or even executed. On the other hand, wrongful deaths are tried before a civil court and the purpose is to compensate a grieving family for their economic and non-economic damages.
The general information provided above about wrongful death claims in Fort Lauderdale and seizure of cash laws is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954-500-0003 in Broward or 305-674-0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.