Miami Personal Injury Lawyer Blog
A fatal accident is an unspeakable tragedy for the victim’s family, which is why Florida law protects these vulnerable survivors during difficult times. Under the Florida Wrongful Death Act, families in Miami can recover economic damages, such as medical bills and funeral costs, alongside non-economic damages for mental pain, suffering, and loss of companionship.
However, these claims are far more complicated than this summary. It is wise to seek legal advice from an experienced Miami wrongful death attorney who will pursue all available compensation under the statute.
Types of Damages Available in a Fatal Accident Case in Miami
Wrongful death claims are designed to shift the financial burden from the survivors to the party responsible for the accident. Generally, damages are divided into two main categories:
- Economic damages cover measurable financial losses, which you may prove through receipts or other documentation.
- Non-economic damages address the intangible, emotional impact of the tragedy. These are subjective and personal to the surviving family members.
Recovering Economic Damages: Funeral Costs and Lost Financial Support in Miami
Economic damages often include medical expenses incurred prior to the passing, as well as reasonable funeral and burial costs. Additionally, survivors may seek compensation for the loss of future earnings and benefits the deceased would have provided.
Calculating these figures requires looking at the victim’s age, health, and career outlook. These funds are vital for maintaining a family’s financial stability during the incredibly difficult transition that follows a preventable, tragic loss.
Seeking Non-Economic Damages for Emotional Pain
These damages address the profound emotional toll that a fatal accident takes on a family. This category includes compensation for losses of companionship, protection, and parental guidance. Survivors may also recover for their own mental pain and suffering resulting from the death.
Unlike medical bills, these losses are subjective and require a deep understanding of the family dynamic. Miami courts allow these claims to acknowledge that the value of a life extends far beyond a paycheck.
Who is Eligible to Claim Damages After a Fatal Accident in Miami?
Under the statute, the personal representative of the deceased’s estate must file the wrongful death lawsuit. However, the claim is filed on behalf of the surviving family members. This typically includes the decedent’s:
- Surviving spouse
- Children
- Parents
In some cases, blood relatives or adopted siblings who were dependent on the deceased for support may also qualify. These eligibility requirements ensure that the parties most affected by the fatal accident receive the compensation they deserve.
Our Miami Wrongful Death Lawyers Will Advise You on Your Options
For the best chances of recovering fair compensation after the loss of a loved one, retaining legal counsel should be a top priority. Insurance companies fight claims aggressively, often attempting to minimize payouts during your most vulnerable moments. The attorneys at Gerson & Schwartz, PA, provide the dedicated advocacy needed to overcome complex legal challenges. To protect your rights, please call (305) 371-6000 to set up a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
