Have you recently lost a spouse, child, or parent in a fatal accident in Aventura, Florida? Don’t hesitate to call Shaked Law Personal Injury Lawyers for immediate assistance. You may have the right to file a legal claim for damages against the person responsible for your tragic loss. Our experienced Aventura wrongful death lawyers can help you fight to maximize your financial recovery.
Since 2007, our top-rated Florida trial attorneys have been a source of strength and guidance for grieving families in Aventura and throughout Miami-Dade County. Collectively, our team has over 100 years of experience handling complex wrongful death litigation. Our hard work has helped us win hundreds of millions of dollars from insurance companies, corporations, hospitals, and negligent parties.
Now is the time to demand justice for your tragic loss. Call Shaked Law Personal Injury Lawyers and discover how our award-winning legal team can help you make the most of your fight for compensation. We offer a free consultation, so contact us today at (305) 937-0191.
How Shaked Law Personal Injury Lawyers Can Help After a Fatal Accident in Aventura, FL
Your family member isn’t around to tell their side of the story. The insurance company – and the party responsible for their wrongful death – is going to try to use that to their advantage. Don’t let them. Put an experienced Aventura personal injury lawyer on the case and fight to hold them fully accountable for the harm they’ve caused.
At Shaked Law Personal Injury Lawyers, we’ve dedicated our legal careers to standing up and fighting for the rights of accident victims and families like yours. We provide compassionate and effective legal representation – the kind that gives you time to focus on your grief while resting easy that you’ve put your case in good hands.
Our team will handle every aspect of your Aventura wrongful death case from beginning to end; we’ll:
- Carefully investigate the details surrounding the accident or act of violence that caused your family member’s death
- Gather evidence that can be used to prove fault and secure a meaningful financial award
- Bring in respected experts who can provide critical guidance and insight during the valuation process
- Prepare a strategy to deal with allegations of shared fault
- Handle settlement negotiations with the at-fault party and/or their insurance provider
- Aggressively represent your interests at trial if you are not offered a fair settlement offer
Our wrongful death attorneys in Aventura represent families on contingency. It costs nothing to hire our law firm unless we win your wrongful death case. Call our law office in Aventura, FL to learn more.
How Does Florida Law Define Wrongful Death?
If you get hurt in an accident because someone else is careless or reckless, you typically reserve the right to file a personal injury lawsuit for damages. This right doesn’t disappear just because an accident is fatal. Instead, under Florida’s wrongful death law, the right to pursue compensation shifts from the decedent to their surviving family members.
In Florida, wrongful death claims may be initiated when a person is killed because of another person’s:
- Wrongful act
- Breach of contract or warranty
The decedent must have been able to bring a claim if they’d survived.
Common Causes of Wrongful Death in Aventura
Hundreds of avoidable deaths happen in Aventura and across Miami-Dade County every year.
Some of the leading causes of these tragic deaths include:
- Car accidents
- Truck accidents
- Boating accidents
- Pedestrian accidents
- Bicycle accidents
- Uber and Lyft accidents
- Bus accidents
- Aviation accidents
- Swimming pool accidents
- Slip and fall accidents
- Construction accidents
- Workplace accidents
- Medical malpractice
- Nursing home abuse
- Negligent security
- Accidents involving defective products
- Matters of premises liability
- Dog bites
- Catastrophic injuries
If you’ve experienced the sudden and tragic death of a family member in an accident or because of an act of violence in Aventura, call Shaked Law Personal Injury Lawyers. Our experienced Florida wrongful death attorneys are here to help you figure out the best path forward. We’re always here to take your call – 24/7/365.
Who Can File a Wrongful Death Lawsuit in Florida?
Technically, it’s not the surviving family member who files a wrongful death lawsuit. A wrongful death claim is filed by the decedent’s personal representative on behalf of their surviving beneficiaries.
Who’s the personal representative? It’s either the person named in the victim’s will or, in the absence of a will, a person appointed by the court.
Typically, the personal representative is a spouse, close family member, or close personal friend of the decedent.
What Types of Damages Can Be Awarded in an Aventura Wrongful Death Claim?
First, it’s important to note that the personal representative can file two distinct types of claims: wrongful death and survival action.
The purpose of each of these claims is different, as are the types of damages that can be awarded in each.
A wrongful death lawsuit is filed to compensate the decedent’s surviving family members for the personal losses they experienced because of the death.
Compensation can include money for:
- Value of lost financial support
- Value of lost household services
- Medical bills paid prior to the victim’s death
- Funeral expenses
- Loss of spousal companionship
- Loss of parental instruction, guidance, and companionship
On the other hand, a survival action is filed to compensate the decedent for damages they suffered if they survived their fatal injuries for a period of time.
Compensation can include money for:
- Lost wages and income
- Pain and suffering
Note that these damages are only available in situations where the victim does not die immediately.
Punitive damages can also potentially be awarded in Florida wrongful death actions, particularly in cases of intentional misconduct or gross negligence.
How Does Shared Fault Affect a Florida Wrongful Death Case?
Under Florida’s modified comparative negligence law, a victim’s proportionate responsibility reduces their ability to recover compensation — and can prevent financial recovery altogether in some cases.
Shared fault doesn’t cease to be an issue just because a victim dies in an accident.
Under the law, damages in a wrongful death action are reduced in direct proportion to the decedent’s degree of fault if they were 50% or less responsible. However, if they were over 50% at fault, you’ll be barred from recovering compensation.
For example, say a close family member was killed in a fatal car accident in Aventura. They were assigned 10 percent fault for the deadly accident. The damages in your related wrongful death action would be reduced by 10 percent to reflect that. If they were assigned 51 percent or more fault, you wouldn’t receive any compensation.
The insurance company will jump at the opportunity to blame your family member for their fatal accident. After all, your loved one isn’t here to stand up for themself and fight back against these potentially baseless claims.
That’s where our personal injury attorneys in Aventura can help.
We’ll be ready for these tactics and work hard to discredit any claims of shared fault. We’ll demand proof and work to gather evidence that shifts blame onto other parties involved in the fatal accident.
How Long After a Family Member’s Death Can I File a Wrongful Death Lawsuit in Florida?
In Florida, the statute of limitations for most wrongful death lawsuits is two years.
The clock for the deadline begins to run on the date of the victim’s death. This may or may not be the same date as the accident that results in their death. If they survive for a period of time – hours, days, weeks – the statute of limitations won’t start to run until the day they ultimately die.
It’s important to speak with an experienced wrongful death lawyer near you in Aventura as soon as you can after losing a family member unexpectedly. While two years might seem like a lot of time, there’s incredible value in getting started on your wrongful death case right away.
Evidence will begin to deteriorate, and it can get lost or disappear over time. The memories of any witnesses to the fatal accident will become less clear as time goes by. You’ll have the strongest chance at maximizing your recovery by giving your attorney a chance to dive into the case right away.
Schedule a Free Consultation With an Experienced Aventura Wrongful Death Lawyer
Are you struggling with the sudden and unexpected death of a family member because of a tragic accident in Aventura, Florida? You don’t have to go through this incredibly difficult time on your own. Put an experienced and award-winning team of Florida trial attorneys in your corner, and let us fight to get the financial accountability your family deserves.
Our Aventura wrongful death attorneys have 100+ years of combined experience, and we’ve won hundreds of millions in settlements and jury awards.
Now we’re ready to stand up and help you get closure and justice for the all-too-tragic loss of your close loved one.
Call our law office in Aventura, FL to learn more about our client satisfaction, proven record of success, and the benefits of working with our top-rated team. We offer a free case assessment, so contact us to get started today.