Florida’s wrongful death statute has allowed grieving family members to get compensation when their loved ones have died due to someone else’s wrongful acts. Without this statute, many family members would be unable to support themselves financially. They also would be denied a measure of justice of seeing the person responsible be held liable in court.
Wrongful death lawsuits are civil cases, like car accidents and dog bite claims. However, they are quite challenging compared to other personal injury cases. You will want an attorney in your corner who has deep experience in this area of law so that you can bring a successful claim.
Finding Evidence of Wrongful Death is Difficult
If you were injured in an accident but lived, then you could tell an attorney what happened and testify in a lawsuit against the person who hurt you. With wrongful death cases, the victim unfortunately is no longer with us. That doesn’t mean it is impossible to prevail in a wrongful death suit. However, it does mean that it is more challenging to find evidence.
At our firm, we can interview anyone who might have witnessed the incident that claimed your loved one’s death. We can also use medical records as evidence to help establish how the accident unfolded.
Other helpful evidence might include physical evidence, surveillance video, and the testimony of the defendant. It takes time and legal knowledge to find this evidence, which is why hiring an experienced attorney is essential.
Timing a Wrongful Death Lawsuit is Complicated
Some wrongful death cases are also criminal cases. It is often helpful to wait until the criminal case has concluded before bringing your civil case, since you might be able to force the defendant to testify. Understanding how a wrongful death cases interacts with a possible criminal case is necessary for gaining an advantage.
Valuing a Loved One’s Death Requires Experience
In a wrongful death claim, family members can receive compensation for things like the loss of services or support you received, along with the loss of companionship and guidance. These losses are very hard for a lay person to assign a dollar value to, but an experienced Miami wrongful death attorney will be able to decide how much compensation to seek.