Compassionate Personal Injury Representation in South Florida
Losing a loved one before their time is one of the hardest things a family can go through. These tragedies can become especially painful when the death is the result of another person or organization’s negligence. Though no amount of money can ever replace your loved one, families of the deceased deserve to recover compensation and hold negligent parties accountable.
Our team at Jurney & De La Grana, P.A. is here for you during this unimaginably difficult time. Your case will receive our undivided attention, and our Miami wrongful death lawyers are committed to helping you seek justice. We work with top experts, specialists, and investigators to strengthen our clients’ cases, and we are prepared to provide you with aggressive and personalized representation. Our clients matter to us, and we will tirelessly fight to secure the favorable outcome your family deserves.
Because the victim cannot advocate for themselves, someone else will need to pursue legal action on their behalf. Unlike some states, surviving family members cannot automatically initiate a wrongful death lawsuit in Florida.
Under Florida law, only a deceased’s personal representative can file a wrongful death lawsuit. A personal representative – also known as an “executor” – is responsible for representing a deceased person’s estate and is typically named in a will. If no will exists, the probate court will appoint a personal representative, typically an immediate family member.
The deceased’s surviving spouse, children, and parents are all eligible to recover damages if they are suffering financial or emotional damages due to the loss of their loved one. A personal representative will need to list all relevant surviving family members when bringing a wrongful death lawsuit.
The premature loss of a loved one can result in serious emotional and financial consequences. You may understandably be concerned about your financial future if your loved one provided much of your family’s income. You may also be grieving the immeasurable loss of your loved one’s presence. A wrongful death lawsuit aims to compensate you for both calculable and incalculable losses.
Our Miami wrongful death attorneys will work to recover damages for:
- Emotional pain and suffering
- Loss of companionship, protection, and support
- Lost wages and benefits from the date of the victim’s injury to the date of their passing
- Wages or earnings the victim would have reasonably earned had they lived
- Funeral and medical expenses handled by the deceased’s estate and/or surviving family members
Florida enforces a statute of limitations for wrongful death cases. The personal representative will have up to two years from the date of the victim’s passing to file a claim.
Many wrongful death lawsuits are settled out of court. Our team at Jurney & De La Grana, P.A. is made up of relentless negotiators who are always prepared to go to trial. We will help you understand your options and use all of our firm’s resources to fight for the best possible outcome.
If your wrongful death case does go to trial, the defense may claim your loved one was partially responsible for the fatal accident. In these instances, the court will assign a percentage of fault to each party. Under Florida’s comparative negligence rules, your family can still recover compensation if the court decides your loved one is partially liable. Because we thoroughly investigate and prepare for each case, we will be ready to anticipate and refute these arguments.
When you hire our legal professionals, you can rest easy knowing your case is in good hands. We are deeply invested in your case and will do everything we can to help your family move forward.
“Professional, attentive and client driven. Fantastic service”- Diana C.