Wrongful death suits are actions brought by the survivors of someone who has died as a result of an intentional act, negligence, medical malpractice, or a defective product. The death of a victim does not need to occur at the time of the victim’s accident or other incident leading to the victim’s death in order for the defendants to be found liable for the victim’s death. Thus, the survivors of a victim who is injured as a result of a defective product or someone’s intentional or negligent behavior and later dies from those injuries may be entitled to compensation through the institution of a wrongful death suit if the survivors can establish that the victim’s death was indeed caused by the defendant’s defective product or intentional or negligent behavior. As a leading Wrongful Death Attorney Miami firm Killino fights the battles on your behalf ensuring you get the highest payouts!
The Killino Firm Miami, Florida, wrongful death attorneys have significant expertise and experience with all types of wrongful death cases, including those arising out of deaths caused by a defective product, medical malpractice, or someone’s negligence. If one of your family members has died and you believe that the death may have been caused by medical malpractice, someone’s negligence, or a defective product, you may be entitled to compensation for the damages you have suffered as a result. The Killino Firm’s Miami wrongful death lawyers will provide you with expert as well as compassionate assistance in bringing those responsible for your loved one’s death to justice. Contact The Killino Firm at 305-559-6340 for a cost-free assessment of your case and additional information about your legal rights and options.
Legal Liability for Wrongful Deaths
Wrongful death law allows a victim’s survivors to maintain a wrongful death action for damages suffered by the survivors as a result of the victim’s death under circumstances that would have allowed the deceased victim to bring an action for personal injuries if the victim had survived. If, for example, the deceased victim would have been entitled to bring a product liability action against the manufacturer and others in the chain of distribution of a defective product for injuries sustained by the victim as a result of the product’s defect, the survivors of the deceased victim’s whose death was caused by that product’s defect may be entitled to damages through the institution of a wrongful death suit against the same defendants.
The same applies to deaths caused by medical malpractice or other negligence. If the victim would have been entitled to damages through the institution of a medical malpractice or negligence action for injuries sustained by the victim as a result of medical malpractice or other negligence, the deceased victim’s survivors may be entitled to damages in a wrongful death action brought against the same defendants if the defendant’s medical malpractice or other negligence is determined to have been a cause of the victim’s death.
Survivors who are entitled to bring wrongful death actions include immediate family members such as a victim’s spouse, parents, and children. The damages recoverable in wrongful death actions include costs incurred and other damages suffered by a deceased victim’s survivors as a result of the victim’s death. A deceased victim’s survivors may be entitled to recover the value of lost support and services the survivors would have received from the victim had he or she survived, for example. Costs may also be recovered for a family member’s loss of support and services between the time an accident victim was injured and the time the victim died from his or her injuries.
A surviving spouse may also be entitled to damages for the spouse’s loss of the deceased victim’s companionship. Spouses may also recover damages for the emotional pain and suffering endured by the spouse from the time the deceased victim was injured.
Minor children of a deceased victim may also be entitled to certain damages in a wrongful death action. Minor children may be awarded damages for the loss of a parent’s companionship, for instance, or for the loss of a parent’s guidance and instruction. Minor survivors may also be entitled to recover for the pain and suffering endured by such minor children as a result of the parent’s injury and death. As is true with respect to spouses who survive a deceased victim, the minor children survivors may recover for the pain and suffering that occurred from the time the deceased victim was injured.
Parents who survive a deceased minor child may be entitled to damages for the emotional pain and suffering caused to the parents as a result of their minor child’s death. This recovery may include the emotional pain and suffering that was endured from the time the child was injured in cases in which the child did not immediately die of his or her injuries.
Additional damages that may be recovered in wrongful death actions include the costs of a deceased victim’s medical expenses that were paid by a survivor. Funeral expenses that were paid by a survivor or that were charged against the decedent’s estate may also be recoverable.
Contact Us
The Killino Firm’s Miami, Florida, wrongful death attorneys are known not only for their considerable expertise with wrongful death cases but also for their compassionate and respectful handling of these matters. If your loved one has died as a result of someone’s negligence or a defective product, contact The Killino Firm at 305-559-6340 for experienced assistance with your wrongful death case.
