Miami Wrongful Death Lawyer
The loss of a loved one is a painful experience any time, but when a death comes about suddenly due to the negligence of another, such as in a car accident, the accompanying pain, grief and confusion are often greatly multiplied. Families unprepared for the loss of a breadwinner, household manager, or beloved child are thrown into turmoil, and even meeting daily financial needs may become unmanageable. On top of this disruption is the anger and sense of injustice that comes from the loss of a loved one because another person failed to act in a safe, responsible manner.
Miami personal injury attorney Brandon L. Chase understands all of these issues and concerns. He maintains a statewide Florida legal practice for the purpose of seeking justice and compensation for family members who have lost a loved one due to the negligence of another. These cases are known as wrongful death in Florida, and the Law Offices of Brandon L. Chase is committed to pursuing a measure of justice and full compensation in wrongful death matters in Miami, South Florida and statewide.
How are wrongful death claims handled in Florida?
Under Florida wrongful death law, the estate’s personal representative is the proper plaintiff to initiate a lawsuit against the negligent actor responsible for the death. A claim can be brought for any death which was brought about by a wrongful act or negligence that could have been pursued as a personal injury case had the victim lived. Certain family members can also join in the lawsuit, and individual family members as well as the estate as a whole can benefit from a settlement or jury verdict that holds the defendant liable for the death. The surviving family members who can recover damages are:
- Any blood relatives and adoptive siblings who were partly or wholly dependent on the deceased for support or services
Damages and expenses recoverable by individual family members include:
- The value of lost support and services now and into the future
- A spouse’s loss of companionship and protection, and mental pain and suffering
- A child’s lost parental companionship, instruction and guidance, and mental pain and suffering. This includes minor children, as well as adult children in the absence of a surviving spouse of the deceased
- A parent’s mental pain and suffering for the loss of a minor child
- A parent’s mental pain and suffering for the loss of an adult child, if there are no other surviving family members
- Medical or funeral expenses paid by a family member
Additionally, the personal representative can recover the following types of compensation for the benefit of the estate:
- Loss of earnings of the deceased from the date of injury to the date of death
- Loss of prospective net accumulations of the estate, in certain cases
- Medical or funeral expenses that are charged to the estate or paid by the estate
These damages are paid out to the heirs and beneficiaries of the estate according to the deceased person’s will and other estate planning documents, or under the Florida laws of intestacy if the person died without making a will.
An attorney with the knowledge, skills and experience to handle difficult wrongful death claims
In many ways, wrongful death cases proceed in the same way as personal injury cases do, whether negotiating a settlement with the insurance company or trying the case to a jury in court. Wrongful death cases are often much more difficult to prove, however, since there may not be testimony from the deceased who was able to describe the facts of the accident from his or her point of view before death. As an experienced and successful Miami personal injury and wrongful death attorney, Brandon L. Chase understands these complexities. He also knows how to secure all available evidence and build a strong case proving the negligent party’s liability. Whether negotiating with the insurance company or litigating in court, attorney Brandon Chase presents the evidence in a dynamic and compelling fashion that yields a successful result. In communications with the client, Mr. Chase and the entire staff at the Law Offices of Brandon L. Chase are compassionate, forthright and sensitive to the condition of clients and the situations they are in. Securing both justice and compensation are twin aims at the Law Offices of Brandon L. Chase.
Help is Available after Wrongful Death in Miami and throughout Florida
For help obtaining justice and compensation after the wrongful death of a loved one in Miami, South Florida or statewide, call the Law Offices of Brandon L. Chase at 305-677-2228 for a free case evaluation with a dedicated and successful Miami personal injury and wrongful death lawyer.