Fatal Accident in Miami: When to File a Wrongful Death Lawsuit

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Fatal Accident in Miami: When to File a Wrongful Death Lawsuit

by | Mar 13, 2020 | Accidents, Auto Accidents, Wrongful Death

If your loved one was the victim of a fatal accident in Miami, you might be entitled to compensation.

It’s difficult to lose someone you love. At times of loss, money might be the farthest thing from your mind, but if your deceased loved one provided for you and your family, their death could have a huge impact on your life moving forward. A monetary settlement could help to pay for funeral expenses, medical bills, and other ongoing costs. The relief of knowing how you are going to pay for your expenses could offer valuable peace of mind, not only so you can avoid financial trouble but also so you can properly mourn your loss.

A wrongful death lawsuit could help you during one of the toughest times of your life.

Who Can File a Wrongful Death Lawsuit?

When a fatal accident in Miami occurs—no matter whether it is the result of a car crash, a workplace incident, or other circumstance—those close to the deceased may file a wrongful death lawsuit through the personal representative of the estate. If the deceased had an estate plan in place, they may have named who they wanted to be their representative. If not, the courts will appoint one. Once the personal representative is named, they can bring a case against the at-fault party.

Of course, not just anyone who knew the victim of the accident can receive compensation from a lawsuit. Those who recover damages from the accident include the deceased’s immediate family—spouse, children, and parents—or any blood or adoptive relative who relied on the deceased for support.

Obviously, the law is complex and requires interpretation. If you are not sure whether you have a case, talk to an attorney who specializes in wrongful death suits. They will be able to tell you whether you should pursue your case.

Know the Statute of Limitations

When a loved one falls victim to a fatal accident in Miami, you have a limited amount of time to file a wrongful death lawsuit. While there are a few circumstances that allow for postponement, it’s critical that you know and follow the statute of limitations for wrongful death lawsuits. In Florida, the amount of time you have to make a claim against the at-fault party is two years from the date of death. You can read more about it in the Florida Statutes here.

Even though you have a few years to file a lawsuit, it is critical to get started as soon as possible. The earlier you hire an attorney, the better chance you will have to uncover crucial evidence to support your claim.

Was Your Loved One in a Fatal Accident in Miami or South Florida?

If you think that someone else’s negligence led to your loved one’s death, don’t hesitate to get in touch with our attorneys.

Are you ready to pursue your case? Contact us today and set up an appointment to speak to an attorney. Call us at (888) 450-4909 or write to us at info@pl-law.com.

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December 2021