Wrongful Death Lawyer Coral Gables, FL
When you work with a Coral Gables, FL wrongful death lawyer from Perez Mayoral, P.A., you are not getting your standard, run-of-the-mill lawyer. You are getting someone who will fight aggressively on behalf of you and your family. You are working with someone who understands the deep pain and sadness you have endured because you lost a loved one too soon. We know that when it comes to wrongful death claims, it can be nearly impossible to do them on your own. Getting through the legal jargon and trying to file paperwork on time is difficult already. You deserve the opportunity to work through your grief without focusing on the legal side. Give our office a call when you’re ready to pursue your wrongful death claim.
What do you need following your loved one’s wrongful death?
When it comes right down to it, filing a wrongful death claim is not about a criminal conviction. Wrongful death claims are civil suits and when you file one we understand that what you are seeking is justice. Justice for your loved one who was taken from you too soon. Justice because a person’s negligent or reckless actions caused your loved one pain. If someone else is to blame for your loved one’s passing due to negligence, it is time to reach out to a Coral Gables wrongful death lawyer.
Do I have the right to file a wrongful death claim?
There are certain rules regarding who is legally allowed to file a wrongful death claim. One of the first things your lawyer will want to know is what kind of relationship you had with the decedent. In Florida, a person may file a wrongful death claim if they were the decedent’s:
- Adoptive child
- A blood relative who was dependent on them
How do you know what happened is considered wrongful death (and that you can legally file a claim)?
The rule is, typically, that if the decedent was still alive and could have filed a personal injury suit against the negligent party then dependent relatives can file a wrongful death suit if the decedent died from those injuries. If your claim is successful, then eligible family members may be able to receive compensation for things like medical bills, funeral and burial costs, pain and suffering, and loss of the decedent’s income.
What if the act that led my loved one to die was terrible?
In certain instances where a person’s death was caused by actions that were egregious, the at-fault party may be charged with punitive damages. These damages are intended to punish the person who is responsible for the reckless act.
Valuing Your Child’s Wrongful Death Claim
When the unimaginable has happened, you may not be sure what to do. What is the point of filing a wrongful death claim if it can’t bring your loved one back? There is nothing that can truly heal this heartbreak and we understand that. Wrongful death claims aren’t about fixing what happened or trying to bring your child back. Instead, they help cover expenses the liable party owes you and they can help bring justice to this terrible situation. No matter how many times someone could ask how much your child meant to you, putting a dollar value on their life has likely never crossed your mind. Simply that your child has always “meant the world” to you. In this tragic scenario, you should speak with a trusted wrongful death lawyer. You want to know you are working with someone who is compassionate and cares about your situation. Don’t go to a place where you are just another case file. Call our office to see how we can help you move forward during this time.
How can someone possibly figure out an accurate amount of compensation?
It’s true that this is an especially difficult thing to value. With an adult, your lawyer may be asking for compensation due to their age, education, skills, salary, and their role as caretaker and counselor to family. With a child, this is all much more complex. Your lawyer will be following Chapter 768 which outlines the Florida Wrongful Death Act. While it does not give you a step-by-step of what to do if a person’s child passes, it guides you through what you should keep in mind.
Your lawyer will be looking at the compensation based on what your life expectancy is and what your child’s life expectancy was together. This means they will specifically be looking at the life expectancy of your child as long as they lived with you.
What will my lawyer try to recover?
Your lawyer will try to recover damages for things like:
- Any medical bills and hospital expenses related to your child’s passing or injuries before death
- Funeral and burial expenses
- Pain and suffering your child went through before passing
- What the child may have contributed to support the parents
Some of these damages can be especially difficult to assess. For this reason, it is crucial that you work with a lawyer who will understand how to bring forward evidence to show that you are owed compensation for these losses. Especially in cases where a parent is seeking compensation for the loss of a child, there will not be two wrongful death cases that are exactly alike. Without the help of a seasoned lawyer, things can become complicated quickly and you may lose out on the compensation you are owed.
During this time, no one wants to feel that they are being vindictive or that they should not be filing a claim like this. However, it is important to feel as if you can move on from part of your child’s passing so that you can celebrate their life fully. When you are ready to file a wrongful death claim, schedule a consultation with our office.
What can I do now?
When you are ready to move forward and focus on celebrating your loved one, one of the things you may need to do is bring forward a wrongful death claim. The compensation will not be able to bring your loved one back, but fighting for justice on your loved one’s behalf may be what you need to cope with this loss. For more information on how a Coral Gables wrongful death lawyer can help with your claim, reach out to Perez Mayoral, P.A. now.
As a Coral Gables, FL wrongful death lawyer can explain, when determining who to sue for medical malpractice, you have to understand who is legally responsible for the injuries you sustained as a result of negligence. Just because the negligence occurred at a hospital or clinic does not mean that the facility can be held responsible for damages, there must be proof that supports your claims. If you think you could be the victim of medical malpractice, now is the time to call us at Perez Mayoral, P.A.
Doctors As Independent Contractors
Many doctors act as independent contractors and not employees of the hospital. If you find that your doctor is a hospital employee, you may be able to bring claims against the hospital. However, if the doctor is an independent contractor, then you must sue the doctor directly. If you can prove that the hospital was aware of the doctor’s negligence or could have prevented it in some way, then you may have a claim against the hospital as well.
If it is unclear who is legally responsible for your injuries, you may have to file claims against multiple health care providers. For example, if your injuries specifically occurred during the time you were taken into the hospital by ambulance and cared for by the emergency nurse, you could bring claims against both the ambulance service and the nurse who tended to you. It is important that you file claims against all parties who may be liable because, in some states, you are not allowed to add a new party to the case at a later date.
Alternative Health Care Practitioners
The Mayo Clinic reported that approximately 40% of American adults use complementary and alternative medicine. CAM refers to disciplines including acupuncture, homeopathy, naturopathy and Ayurveda. Can you hold CAM practitioners responsible for medical malpractice like you can traditional clinicians? Yes; however, you will have to prove that the CAM practitioner was negligent in providing you a basic standard of care in that given discipline. This can be tricky given that seeing an alternative health care provider comes with an assumption of risk.
As a Coral Gables wrongful death lawyer has seen in past cases, many medical malpractice claims are due to doctors who prescribe the wrong medication; however, the drug mix-up sometimes happens at the pharmacy. Pharmacists may be found negligent if they dispense the wrong medication or fail to research how one medication can interact with other drugs that the patient is already taking.
If you believe you have a case against a hospital or any health care professional, contact a Coral Gables wrongful death lawyer for assistance. Doing so can help hold negligent parties responsible for errors and omissions, which may lead to better care for others in the future. At Perez Mayoral, P.A., we are dedicated to people who have been wronged and can be relentless in the pursuit of your sense of justice and fair restitution. Please don’t hesitate to reach out if you need assistance.
Wrongful Death Lawyer FAQs
Does your firm handle wrongful death cases?
Each Coral Gables, FL wrongful death lawyer from our firm understands that when a family loses a loved one due to the negligence or recklessness of another party, that loss is devastating. Florida law allows families to pursue legal action against those parties in order to recover financial compensation for the emotional and financial losses the family suffers over the loss of their loved one. At Perez Mayoral, P.A., we work diligently to get families the financial justice they deserve. The following are some of the most common questions our lawyers hear from clients regarding the wrongful death process. For more detailed information, contact our firm directly.
What type of accident cases can a wrongful death be filed for?
Any type of accident or incident that is fatal can result in a wrongful death action. The most common types include the following:
- Traffic accidents, including car, truck, motorcycle, pedestrian, and bicycle
- Premises liablity accidents, including slip and fall incidents
- Defective or dangerous products
- Medical malpractice
- Nursing home abuse
- Work accidents
- Deaths that were the result of a criminal act, such as assault, domestic violence, and robbery
What type of damages can be collected in a wrongful death claim?
There are a number of damages a family or the victim’s estate can pursue in a wrongful death claim. The costs of medical care in an attempt to save the victim’s life and funeral and burial expenses can be recovered. The claim can also include compensation for the loss of the victim’s love, guidance, and companionship. The lawsuit may also include damages for the grief, sorrow, and mental anguish the family has suffered because of their loved one’s death. In addition, the family may also be compensated for the loss of the victim’s future financial support.
What has to be proven in a wrongful death claim?
In order to be successful, your Coral Gables wrongful death lawyer must prove that the other party was negligent or reckless in order to prove they are at fault for the victim’s death. For example, if a driver was speeding and ran a red light, resulting in their vehicle slamming into a pedestrian who had the right of way to cross in a crosswalk, resulting in their death, the act of running the red light and speeding would be proof of negligence.
Wrongful death claims can also be filed in intentional acts that result in the death of a victim. One of the most infamous cases of a wrongful death lawsuit for an intentional act was the legal action taken against O.J. Simpson for the deaths of his ex-wife and her friend.
What should a family do in order to file a wrongful death claim?
The first step a family should do is contact a Coral Gables wrongful death lawyer to find out what legal recourse they may have. Contact Perez Mayoral, P.A. to schedule a free and confidential case evaluation.