Losing a loved one is an indescribable pain, and when that loss is due to someone else’s negligence, the grief can feel even more overwhelming. At this difficult time, your emotions may range from sorrow and confusion to anger and a need for answers. We understand that no legal action can ever replace your loss, but seeking justice can be crucial to healing and closure. In addition, you and your family should not have to endure unnecessary financial hardships during this time of grief.
As a wrongful death attorney based in Miami, Florida, Prosper Shaked will help you navigate the complexities of the law, ensuring your family receives the compassion, respect, and dedication you deserve. We are here to listen to your story, shoulder some of your burdens, and tirelessly advocate for your loved one’s memory. Together, we can seek accountability and protect your rights during this incredibly challenging time.
You are not alone. Let us help you find a path forward, honoring the memory of your loved one by pursuing justice with empathy and expertise.
Why Choose Our Miami Wrongful Death Attorney?
When facing the profound grief of a loved one’s wrongful death, choosing the right attorney to represent your family’s interests is crucial. Prosper Shaked stands out as an award-winning personal injury attorney dedicated to maximizing recovery for each and every client.
Prosper focuses on representing individuals negatively affected by the negligence of others. His passion for bringing justice to those wronged is not just his profession; it’s his calling. He tirelessly advocates for victims, ensuring they receive the justice and compensation they deserve.
Born and raised in Miami Beach, FL, Prosper has an intimate understanding of the local legal landscape. His connection to the community and commitment to its residents drive his success in and out of the courtroom.
Prosper has secured millions of dollars for his clients, even in the most challenging cases. His ability to prevail in tough situations speaks volumes about his dedication and skill as an attorney. In addition, he has been recognized as a Super Lawyers Rising Star, listed in U.S. News Best Lawyers® Ones to Watch, named among the National Trial Lawyers – Top 40 Under 40, rated as Lead Counsel, and awarded as a Lawyer of Distinction.
Choosing Prosper Shaked means entrusting your case to an attorney who combines local knowledge, exceptional legal experience, and a genuine passion for justice. His comprehensive approach ensures that your family receives compassionate representation, focused on securing the best possible outcome during an impossibly difficult time.
What is Wrongful Death?
In Florida, wrongful death is defined as a death caused by the wrongful act, negligence, default, or breach of contract or warranty of another person or entity. This legal concept allows the deceased’s estate and family, through a representative, to file a lawsuit against those responsible for the death. The purpose of this law is to compensate the survivors and the estate for losses related to the death.
Filing a wrongful death lawsuit amidst the grieving process can feel incredibly daunting. The emotional weight of loss often makes the thought of engaging in legal proceedings seem overwhelming. However, pursuing justice through a wrongful death claim is not just about holding the responsible parties accountable; it’s also about securing the closure and financial stability your family deserves.
While no amount of compensation can replace your loved one, it can alleviate the financial burdens that often accompany such a loss, ensuring that you don’t have to face additional stress during this already challenging time. It’s a step towards honoring the memory of your loved one by fighting for justice and safeguarding your family’s future.
Who Can Recover for Wrongful Death?
In most cases, the deceased’s surviving family and estate can recover compensation for wrongful death in Miami. The law typically assumes that a “family” consists of a husband and wife, plus any children they care for.
However, Florida’s wrongful death statute is a bit more expansive and allows additional parties to sue for the wrongful death of a loved one. The statute specifically gives the right to sue for wrongful death to the “spouse, children, parents, and” any other dependents the deceased cared for. This means that siblings, grandparents, cousins, and other relatives the deceased may have provided for can also recover compensation for wrongful death. The term “spouse” is also gender-neutral, allowing LGBT spouses to sue for their spouse’s death.
Other parties may have more difficulty suing. Some “families” consist of fiancées and fiancés, cohabitating boyfriends or girlfriends, close friends, or even roommates. Florida’s wrongful death statute does not normally allow these individuals to sue on behalf of a deceased loved one in their own right. However, the law does allow the deceased’s “personal representative,” typically appointed in their will, to sue on behalf of the estate. If you are entitled to an inheritance under a loved one’s will, a wrongful death lawsuit on behalf of the estate may recover compensation for you.
Talk to a Miami wrongful death attorney for help understanding how to file a wrongful death lawsuit.
Florida’s wrongful death statute defines “survivors” as:
- The decedent’s spouse
- The decedent’s children
- The decedent’s parents; and
- Any blood relative or adoptive sibling who is dependent on the decedent for support or other services.
Damages in a Wrongful Death Action in Miami, FL
In determining the amount of damages to be awarded to the survivors of a deceased victim, a court will consider many factors. Some of these factors include:
- The amount of the decedent’s net income available to the survivor
- The relationship between the survivor and the decedent
- The life expectancy of all parties
- The replacement value of the decedent’s services
There is one important aspect of wrongful death actions in Florida to note regarding the type of damages the adult children (over the age of 25) can recover. If the decedent has no surviving spouse, adult children can recover damages for lost parental companionship, instruction, and guidance and for mental pain and suffering so long as the wrongful death was not caused by medical negligence. If the decedent has a surviving spouse, than adult children are not able to recover damages for lost parental companionship, instruction, and guidance and for mental pain and suffering.
Survivors in a wrongful death suit can receive compensation for a variety of financial and emotional losses. Some of these include:
- Medical expenses
- Loss of decedent’s earnings
- Loss of love, care, and companionship
- Present and future financial losses
- Burial and funeral expenses
- Children’s loss of guidance and supervision
Punitive damages may be awarded if a court finds that the defendant’s actions were intentional, outrageous, or egregious. The purpose behind awarding punitive damages is to “throw the book” at the defendant and make an example out of him or her. This is done to deter people from committing similar acts in the future. A plaintiff may recover punitive damages in three times the amount of compensatory damages awarded or $500,000, whichever is greater.
Filing a Wrongful Death Lawsuit in Miami
Filing a claim with the courts can be a complicated and confusing process. Typically, wrongful death lawsuits require paperwork beyond simple forms to submit to the court, and you must file your claim on time and properly to ensure the court will hear your case.
Your wrongful death attorney can help you file your lawsuit with the court and put forth a strong argument throughout the case. Fighting the case in court without the skill and experience of a wrongful death attorney can endanger your case and potentially have your claim denied or the damages reduced.
Similar to personal injury suits, for a plaintiff to recover damages for wrongful death based on a theory of negligence, they must prove that the defendant owed a legal duty of care to the victim, the defendant breached the duty of care, and as a result of the breach, the victim suffered injuries and/or death.
When building your case and filing a wrongful death lawsuit, your attorney will conduct a thorough investigation of the incident, gathering necessary evidence such as medical records, accident reports, witness statements, and expert testimonies. This stage is vital for building a strong foundation for your case.
Once sufficient evidence is collected, your attorney will file a wrongful death lawsuit on behalf of the deceased’s estate and surviving family members. The lawsuit will be filed against those believed to be responsible for the death, detailing the claims and the damages sought.
Types of Wrongful Death Cases We Handle
Many types of accidents can cause fatalities. Some of the most common accidents causing wrongful death include:
- Birth Injuries
- Car accidents
- Medical malpractice
- Workplace injuries
- Truck accidents
- Acts of violence
- Unsafe products
During this difficult time, Prosper Shaked can shoulder the legal burdens of filing a wrongful death lawsuit on your behalf. This will spare you from the stress of the legal process. He will compassionately navigate every aspect of your case, from meticulously investigating the circumstances surrounding your loved one’s death to negotiating with insurance companies and, if necessary, representing your interests in court.
Our commitment is to manage all legal tasks with the utmost care and attention to detail, allowing you to focus on healing and remembering your loved one. By entrusting your case to us, you alleviate the stress of legal proceedings, knowing that your pursuit of justice and financial stability is in capable hands.
Statute of Limitations for Wrongful Death Actions in Miami, FL
The state’s wrongful death statute states that a victim’s family or family member has a two-year statute of limitations for filing a wrongful death claim. This means that the victim’s family has two years from the date of the victim’s death to file the claim.
What happens if you miss this deadline?
If you miss the two-year statute of limitations for filing a wrongful death claim in Florida, it typically results in losing the right to file the lawsuit. This deadline is strictly enforced, meaning that courts usually will not allow a wrongful death lawsuit to proceed if it is filed after this period has expired. Exceptions are rare and apply under very specific circumstances, such as if new evidence emerges that could not have reasonably been discovered earlier. However, these exceptions are not commonly granted.
Missing the deadline can prevent you and your family from receiving compensation for your loss, including damages for funeral expenses, loss of income, loss of companionship, and other losses.
Call Prosper Shaked Accident Injury Attorneys PA for a Free Consultation
Coping with the loss of a loved one while also financially recovering can be too much for one person or family to bear. When another person’s negligence, carelessness, or recklessness causes a premature death, the victim’s family should be fairly compensated for the losses they have endured. Consulting an experienced and knowledgeable Miami wrongful death attorney is the best option for family members who want to effectively and efficiently pursue a wrongful death cause of action.
If you have lost a loved one due to the negligence of another person, retain the services of a skilled Miami wrongful death attorney. Prosper Shaked handles these cases with compassion, sensitivity, and tenacity to ensure that a victim’s loved ones receive just compensation for their emotional and financial losses. Call Prosper Shaked Accident Injury Attorneys PA today at (305) 694-2676 for a free and confidential consultation.