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Miami Wrongful Death Lawyer

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Miami Wrongful Death Attorney

There are not many things worse than unexpectedly losing a loved one. When your family member dies due to the negligence or misconduct of another party, the feelings of loss, grief, and confusion can be even stronger. Hiring a Miami wrongful death lawyer to file a claim against the responsible party can give surviving family members some level of closure.

Miami Wrongful Death Lawyer

Trust the Law Office of Alexander Alvarez, PA

If you need to file a wrongful death claim, you can trust the Law Office of Alexander Alvarez, PA, to represent you. Our dedicated legal team has years of experience in practicing personal injury law, including wrongful death claims. We can offer you the personalized legal advocacy you need to hold the person responsible for your loved one’s death accountable. That way, you can focus on grieving for your loss and finding ways to move on.

Why Hire a Wrongful Death Lawyer?

Fatalities from accidents account for 43% of all deaths in Floridian adults below the age of 45. These include deaths from auto accidents, falls, accidental poisonings, and more, but auto deaths account for 2,962 of these fatalities alone. Across the United States, unintentional injury is the third leading cause of death. In many of these cases, the accidents are determined to be another person’s or entity’s fault. When that’s true, there’s cause for filing a wrongful death claim.

When you hire a wrongful death lawyer, you’re taking an important step toward securing justice against the person responsible for your loved one’s death. A claim can make them accountable for their actions or lack of action. You shouldn’t try to file a wrongful death claim alone. A Miami wrongful death attorney will understand the relevant laws and how they apply to your case, and they’ll be in a better position to negotiate on your behalf or provide courtroom representation should it be necessary.

Causes of Wrongful Death

Before seeking legal action, it’s important to know what constitutes a wrongful death. Basically, these claims can originate from any fatal event that would have triggered a personal injury claim had it been non-fatal. Your family member must have died as a direct result of their injuries, and those injuries must have occurred due to the negligence or misconduct of another party. Common examples of wrongful deaths include:

If you’re not sure whether you have a wrongful death case, reach out to a wrongful death attorney for a professional opinion.

Elements of a Wrongful Death Claim

Like personal injury claims, wrongful death claims have four main elements. They are:

  1. Duty. There must have been a duty of care toward the person who was killed. A good example would be a doctor with a duty of care toward a patient.
  2. Breach of duty. The person responsible for the death must have breached their duty of care. In the above example, a doctor could breach their duty of care by failing to take all the necessary steps to diagnose a potentially fatal condition.
  3. Causation. The breach of care must directly cause the person’s death. If a patient dies as a result of an illness that went undiagnosed by a doctor, who should have caught it, it would be fairly straightforward to prove causation.
  4. Damages. There must be measurable damages resulting from the death. They can include economic damages, such as funeral costs, or non-economic damages, like loss of consortium.

Your lawyer can gather evidence to prove that all four of these elements of a wrongful death case were present.

Who Can File a Wrongful Death Claim?

Only certain people can file a wrongful death claim in the Sunshine State. They are always either surviving family members of the decedent or a representative of the estate’s beneficiaries. People who can benefit from a Florida wrongful death claim include:

  • Spouses
  • Children
  • Adopted children
  • Parents of unmarried children
  • Life partners
  • More distant family members

Common Wrongful Death Defendants

You can file a wrongful death claim against anyone responsible for a loved one’s death, including a person, company, or government agency. Since car accidents are one of the most common causes of wrongful death, this can serve as an example. Defendants in a wrongful death case brought because of a vehicle accident, such as one on Dade Blvd., could include:

  • The driver who was at fault for the accident
  • The people who designed or built the road
  • Government employees who did not provide adequate warnings about road hazards
  • Manufacturers, distributors, or installers of faulty parts

If the person was drinking, the establishment that provided them with alcohol could also become a defendant in a wrongful death claim, as could the owner of the premises where the person was served the alcohol. In other words, determining who to bring a claim against isn’t as simple as it might seem at first.

Factors Influencing Wrongful Death Compensation Amounts

Wrongful death claims vary significantly in terms of payouts in Miami. Factors that can influence how much the plaintiff can expect to get from a settlement include:

  • The deceased person’s age and income
  • The nature of the relationship between the plaintiff and the decedent
  • The circumstances of the plaintiff or plaintiffs
  • The potential for punitive damages in cases of serious, malicious wrongdoing

In most cases, the primary consideration is the decedent’s circumstances at the time of death. However, other factors, such as the decedent’s future earnings, can also have a role, as can the type of damages the plaintiff suffered due to the person’s death.

Your Miami Wrongful Death Lawyer

When a loved one dies due to the negligence of another person or entity, those left behind may be eligible to seek compensation for their damages caused by the death. The first step you should take, if you find yourself in this position, is to hire a Miami wrongful death lawyer. The Law Office of Alexander Alvarez, PA, has years of experience in handling wrongful death cases and a deep understanding of wrongful death laws. Contact us to schedule an initial consultation today.

Miami Wrongful Death Lawyer Reviews

★★★★★
“Mr. Alvarez not only is a great professional, but it also has excellent skills as a mediator, which to my knowledge, sometimes is better than an expensive litigation. He’s also a sensitive individual.” – Ed Gugliotta

★★★★★
“Alex has represented us like no other could. In frivolous cases and in serious accusations, he trusted his instincts and fought for justice and moral. Alex listens and just understands. He is fearless in trial and decorated with a multitude of prior experience that happens to come along with a winning record. Alex is a win-win choice hands down and one that will represent both myself, my partner and my company as long as we all shall last! Knowing our company’s legal matters are in his hands makes us feel confident and secure.” – Miami Custom Pools and Spas

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Contact our firm in Miami online or by telephone at 866-270-0589 and arrange a free initial consultation. Personal injury cases are handled on a contingency fee basis, so there is no financial obligation to simply speaking with our firm and learning about your options.

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