If you lost a loved one due to the negligence of another individual or entity, the knowledgeable and compassionate Miami wrongful death attorneys at The Alvarez Law Firm are here to help you obtain maximum compensation for your irreparable loss.

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What Constitutes a Wrongful Death in Florida?

Simply put, wrongful death is caused by the negligence, recklessness, or deliberate actions of another. With that said, not every accidental death can be labeled as wrongful in nature. In essence, if the accident might have resulted in a valid personal injury claim (had the victim survived), you may safely conclude that you have legal grounds for a valid wrongful death claim. 

Wrongful Death Laws in Florida

Florida’s legal statute (section 678.18) gives the surviving members of a family the right to file a lawsuit if the death happened because of any of the following reasons:

  • Negligence
  • Wrongful act
  • Breach or default of contract

The statute of limitation to file a wrongful death claim in Florida is within two years from the time of death.

Filing a Florida Wrongful Death Claim

A wrongful death lawsuit can be filed by the surviving family members with an interest in the lawsuit, such as:

  • Deceased’s spouse
  • Deceased’s children
  • Deceased’s parents

Minor children are defined as those under the age of 25 for the purpose of a wrongful death claim. These children are entitled to greater damages as compared to adult children. Other dependent relatives that relied on the deceased for financial support may also be eligible to file a wrongful death claim. 

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Damages Awarded Through Wrongful Death Claims in Florida

Florida Statutes section 768.21 lists the monetary means for awarding damages in a wrongful death suit. Damages are split into two parts – what the survivors can recover and what the estate can recover. 

The estate can recover the following:

  • Lost earnings
  • Loss of net accumulations 
  • Medical and funeral expenses

Survivors can obtain compensation for:

  • Lost support and services
  • Pain and suffering damages
  • Loss of decedent’s protection, guidance, instruction, and companionship
  • Medical and funeral expenses

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Why You Need a Seasoned Wrongful Death Lawyer in Florida

It can be challenging to determine liability in a wrongful death case and even more challenging to get the most money possible from highly defensive insurance companies. In some cases, multiple parties may be liable for the accident or death. This is usually the case in truck accidents. Wrongful death claims may require dealing with multiple insurance companies, which can become easier when you have a proficient and highly skilled attorney on your side. 

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Choose a Dedicated Wrongful Death Lawyer to Protect Your Rights

If you have lost a family member because of the wrongful actions of another person, the relentless yet compassionate attorneys at The Alvarez Law Firm can help you claim adequate compensation for your losses. We will do everything to help you obtain the maximum verdict, settlement, and justice you deserve. To request your free, no-obligation consultation, call us at 305-444-7675 or complete this online form

Let’s talk about your case.

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