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Aventura Wrongful Death Lawyer

Losing a loved in an accident one is difficult to bear, particularly when the accident occurs due to someone else’s negligence. Some people take comfort in learning that they are not alone. Data shows that each year there are 32,000 driving-related deaths throughout the country. Meanwhile, approximately 98,000 individuals die each year due to hospital accidents and 5,840 are killed in workplace accidents. Besides the difficulty of losing a loved one, survivors often struggle with large debts in the aftermath. An Aventura wrongful death lawyer can help survivors of wrongful death victims recover the compensation they need to move forward in life.

At Gerson & Schwartz, we appreciate that losing a loved one in a tragic accident is one of the most emotionally and financially difficult situations a person can endure. If someone else’s negligence caused your loved one’s death, you may be eligible to file a wrongful death claim. We can help you navigate this difficult situation. We invite you to call us toll-free at (877) 475-2905 or email is at info@gslawusa.com to schedule your case evaluation today.

What Constitutes a Wrongful Death in Aventura?

Wrongful deaths occur when a person’s negligence causes another person’s death. These acts are not the same as murder, which requires intent to kill another person. Some of the common accidents that result in wrongful deaths in Aventura include the following:

  • Car accidents on Abigail Road
  • Construction accidents
  • Medical malpractice at Aventura Hospital and Medical Center or Jackson North Medical Center
  • Nursing home abuse at Palm Garden of Aventura or Regents Park at Aventura
  • Premise liability accidents using a product purchased at Aventura Mall or Promenade Shops
  • Truck accident on the William Lehman Causeway
What Damages can be Claimed for Wrongful Death?

Parties that pursue a wrongful death lawsuit are often able to obtain compensation for some specific types of losses, which include the loss of care and guidance that the deceased individual provided, mental pain and suffering, and any medical, funeral, and burial expenses incurred by the accident victim. An Aventura wrongful death lawyer can also help the deceased individual’s estate receive compensation for lost wages due to the individual’s death, future lost income that the deceased would have earned, and pain and suffering that the victim experienced before death.

Who can Pursue a Wrongful Death Claim?

Under Florida law, the personal representative of a deceased person’s property or their survivors are able to initiate wrongful death lawsuits. Survivors include spouses, children, parents, siblings, adoptive siblings, any other relatives, and dependents of the deceased. When estates are involved, individuals should make sure to appoint someone they trust to handle such a nuanced and complicated issue.

Filing Florida Wrongful Death Lawsuits

If you or a loved one has decided to file a wrongful death claim, you will need to establish the following four elements:

  • Duty of care. The first step in establishing a wrongful death claim is proving that a responsible party owed the deceased a duty of care under Florida law. For example, in a motor vehicle accident, a driver owes a motorcyclist a duty to drive in a reasonably careful manner. This means that drivers must operate their vehicle in the same way that any other reasonable driver would.
  • Breach of this duty. For an Aventura wrongful death lawyer to establish that a party was negligent, it must be shown that the defendant violated the standard of care that was owed to the accident victim. For example, a driver might have been intoxicated at the time that the vehicle collided with the motorcyclist, which in turn led to the motorcyclist’s death. In this situation, the vehicle driver would likely be found negligent.
  • Cause. For survivors of a victim to recover compensation in a Florida wrongful death action, they must prove that the negligent acts of the other party caused the death. This means that the defendant must show that the death was foreseeable and that it would not have occurred if it were not for the defendant’s negligence.
  • Damages. In Florida, damages are established through a combination of both lay witness and expert witness testimony. The damages include economic as well as non-economic costs. While you can often establish economic damages through receipts and other documents, it is often much more difficult to establish non-economic damages.
Time Limits to File Wrongful Death Claims

After a wrongful death occurs, there is only a small window of time in which to initiate a claim for compensation. As a result, it is critical to act as quickly as possible. If a person fails to file a claim within the four-year statute of limitations, a person could miss their chance to pursue justice for their loved one. There are, however, some circumstances that involve shorter or longer statutes of limitation after wrongful deaths. Your lawyer can help ensure that you do not miss these critical deadlines.

Speak with an Aventura Wrongful Death Lawyer

Losing a loved one to someone else’s negligence is never easy. When you depend on someone for emotional or financial support, the resulting loss can be substantial. Contact Gerson & Schwartz, PA today to schedule a free initial case evaluation.

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