Miami & South Florida Wrongful Death Attorneys
When someone is killed by the wrongful conduct, negligence or gross negligence of another, it is called a wrongful death. The loss of a loved one is the most tragic of cases, and happen all too often as a result of motorcycle accidents.
The Shaked Law Firm’s lawyers understand your suffering and grief having experienced the tragedy of an accidental death first hand. In 2005, Sagi Shaked lost a member of his family in a motorcycle accident. We have been on both sides, as clients and attorneys, and we want to help you through the legal aspects of life’s greatest loss.
When someone dies as a result of the negligence of another the law provides that their next of kin and their estate may act as plaintiffs to bring a civil action to recover economic and non-economic damages. This is true even if the deceased was partially at fault (comparatively at fault) in the events leading to the fatality. If death is the result of a drunk driver, then punitive damages may be awarded.
Who Is Considered Next of Kin?
The people who are considered next of kin include family members such as a husband, wife, domestic partner, children, parents, or siblings, in order of priority to a claim. If a parent dies, the surviving spouse / partner and children may all be plaintiffs, as well as any one else who was likely to receive support if the decedent had lived. A wrongful death plaintiff may recover:
- Funeral and burial expenses
- Loss of income from the decedent
- Medical expenses prior to death
- Loss of household support
- Loss of child rearing support
- Loss of medical and retirement benefits and
- Other economic losses sustained by the accidental death of a loved one
- Non-economic damages such as the loss of support, companionship and affection
A surviving spouse or partner, having lost their life companion, also has a separate right to recover damages for the terrible injury to the couple’s relationship. This is called a loss of consortium. The surviving spouse / partner’s loss is recognized as a separate civil action and provides separate damages.
You must act promptly after someone dies if you believe that they have died because of someone’s negligence. There are time limits for you to act, called statutes of limitations, which require you to bring a lawsuit within a limited period or risk losing the right to seek a recovery.
Statutes of limitations balance the competing interests of plaintiffs and defendants so as to provide the plaintiff time to investigate and find an attorney while giving a defendant some assurance that after a period of time, if no action has been brought, they will not be sued. The statutes of limitations in cases of accidental death in Florida is two (2) years from the date of the death. The time you have to act depends on who caused the accidental death, how it occurred, and where it took place (different states have different statutes of limitations).
Contact Our Experienced Personal Injury Lawyers
At the Shaked Law Firm, our attorneys seek to help you pick up the pieces and to minimize the impact that such a tragedy has on a family. We know that buy drugs online no prescription you cannot pay attorneys’ fees at such a difficult time, so we do all work on contingency, receiving no payment until you win compensation. The wrongful death attorneys and personal injury lawyers of the Shaked Law Firm care for you and your family’s legal needs so you can begin the healing process and take care of those left behind.
Please contact our personal injury lawyers today for a free case evaluation. Don’t waste any time: statutes of limitations set time limits on your rights to sue.