According to Fl, Healthcharts, around 3,273 motor vehicle crashes were recorded in 2019. The growing rate of motor vehicle crashes has increased cases of wrongful death in Florida. However, most accident cases aren’t reported because the victims don’t know they can file a lawsuit. Don’t let this happen to you, and don’t delay contacting a competent motorcycle wrongful death lawyer. Miami has well-established law firms dedicated to dealing with such cases. A good accident lawyer can help you win the compensation you deserve against the loss of your loved one. 

What Is a Wrongful Death Lawsuit?

Wrongful death claims are filed against a defendant who has caused someone’s death either by negligence or an intentional act. The deceased person’s family members file wrongful death claims. While nothing can bring back your loved one, filing a wrongful death claim becomes your responsibility to prevent negligence. Holding the negligent party liable can provide financial assistance and justice to the victim’s family. 

How to File a Wrongful Death Claim 

If you believe you are eligible to file a wrongful death claim, hiring a wrongful death lawyer in Miami can help. A competent lawyer can help you navigate through legal matters and make legal processes easier. Here is how you can file a wrongful death claim in Miami. 

• Determine If Wrongful Death Occurred 

First, you will need to determine if what happened to your loved one falls under your state’s definition of this tort. A family can file a wrongful death claim if they have sufficient evidence and reasoning to believe that someone else’s negligence was the cause of their loved one’s fatal injury. Your claim may carry weight if it has the following four elements. 

• The negligent party owed your loved one a duty of care.

• The party breached its duty of care.
• The party’s breach of duty caused your loved one’s injury.
• Your loved one (and your family) suffered damages due to the breach.

• Collect Evidence and Prepare Documents

Strengthen your case against the at-fault party by collecting evidence and preparing documents. Keep everything you have related to the accident that caused the death of your loved one. From lost wages to pictures and videos of the crime scene. Contact eyewitnesses and people related to your case. Document the incident as much as you can after the loss of your loved one, as this is the only way to find justice and comfort. Hiring a wrongful death lawyer in Miami can ease your burden. Lawyers have a team of investigators who will help you in collecting evidence. 

• File Before The Deadline 

Once you have collected all the evidence and documents for your case, it’s time to file your wrongful death claim in Miami. You will be required to fill and submit all the required documents related to your claim. You will be asked to share the defendant’s name and address along with a list of damages you are claiming. You must share all of this information within 2 years of the incident. Otherwise, you will lose your chance to file a wrongful death claim. Working with a lawyer from the start will speed up the process because you won’t be stuck with legal matters that a lawyer can quickly resolve. 

When Can I File Wrongful Death Claim?

Certain conditions must be met before filing a wrongful death claim. Here are all the situations where you can file a wrongful death claim in Miami. 

• Act or Intention of Killing 

The act of causing harm is mostly intentional. However, in some cases, the law recognizes the act of harming as self-defense. You can file a wrongful death case if you have evidence or reasons to believe that the at-fault party intentionally caused fatal injury or injuries to your loved one. 

• Medical Malpractice 

Failed diagnosis or lack of care can be reasons for filing a wrongful death case in Miami. You’ll need to prove that your loved one passed away because the doctor was careless. Medical malpractice is a broad field that encompasses many things. So if you have evidence to support your claim, you can file a wrongful death claim in Miami. 

• Car Accident 

Florida experiences 200,000 car accidents per year. Most of these cases go unreported because the victims don’t believe in the justice system. Car accidents are the major causes of wrongful death, and you have every right to file your case. 

Final Thoughts

Filing a wrongful death claim in Florida can be complicated. Therefore, it’s best to hire a wrongful death lawyer in Miami. Working with a lawyer from the start can strengthen your case, and you’ll have sufficient evidence in court. A to Z Injury Law Firm is committed to protecting the rights of victims in Miami, Florida. If you need a competent and experienced team of lawyers to win the compensation you deserve, you can call us by dialing (305) 853-9656.