Aggressive Yet Caring Representation In Florida Wrongful Death Litigation
One of the hardest experiences a person can face in life is prematurely losing a loved one. The pain and grief are especially difficult when the death was preventable and caused by another’s negligence. My name is Eli Stiers, a Miami attorney with over 20 years of experience in personal injury law. I understand that while no amount of money can replace the person who was lost, compensation is nonetheless needed and appropriate. The loss of a loved one can be a tremendous emotional and financial burden, and at Stiers Law, P.A., I try to offload some of that burden by aggressively seeking compensation for clients in wrongful death litigation.
What Is A Wrongful Death Claim?
When the negligence or misconduct of a person, business or organization leads to the death of an individual, a lawsuit can be filed to seek monetary damages. Wrongful death litigation seeks compensation for the survivors and relatives who depended upon the deceased for financial and emotional support.
Wrongful death claims often stem from the same types of scenarios that lead to personal injury suits. My firm has helped plaintiffs seek compensation after losing loved ones to:
- Car accidents: A driver’s reckless or careless behavior leads to a fatal crash.
- Medical malpractice: A health care provider gives substandard care, resulting in a loved one’s death.
- Workplace accidents: When unsafe working conditions or employer negligence cause a fatal injury.
- Defective products: A faulty product leads to a fatal accident, such as defective machinery or unsafe pharmaceuticals.
- Property owner negligence: When dangerous property conditions cause a fatal fall, or a loved one is fatally attacked due to inadequate security on the premises.
- Nursing home neglect: When poor care or neglect in a nursing home leads to a resident’s death.
- Pedestrian and bicyclist accidents: A driver’s negligence causes a fatal injury to a bicyclist or pedestrian.
- Construction accidents: When unsafe practices or equipment on a construction site result in a fatal injury.
While most wrongful death claims are related to accidents, it is also possible to sue someone for committing an intentional criminal act that causes a loved one’s death. The at-fault party can face both criminal prosecution and legal liability in a civil lawsuit.
Who Serves As The Plaintiff?
Because the person who died (the decedent) cannot sue on their own behalf, someone must stand in as the plaintiff. In Florida, only the personal representative of the decedent’s estate can file a wrongful death lawsuit. This representative is usually named in the decedent’s will or estate plan. If there is no will, the court will appoint a personal representative.
The lawsuit is filed on behalf of the deceased person’s surviving family members, such as a spouse, children, parents, and other blood or legal relatives.
Available Compensation In A Wrongful Death Lawsuit
When you file a wrongful death lawsuit, you can seek various types of damages, which are financial compensations for your loss. These may include:
- Medical expenses prior to death
- Funeral and burial expenses
- Compensation for the income the deceased would have provided if they had lived
- The value of the support and services the deceased person provided to their family
- Compensation for the emotional pain and suffering from losing the companionship, guidance, and protection of your loved one.
- Mental pain and suffering experienced by surviving family members
Earlier in my career, I did defense work for insurance companies. I understand the arguments they are likely to make, and I use that information to build stronger cases and argue for maximum compensation.
Contact My Firm Today For A Free Consultation
I understand how difficult it is to focus on legal matters after such a devastating loss. When you work with Stiers Law, P.A., you can expect personalized attention and support throughout the duration of your case. Whenever possible, I will handle the legal details for you, leaving you free to focus on taking care of yourself and others who are grieving with you.
To learn more about your legal options, contact my office in Miami to schedule a free initial consultation. Call 305-290-2883 or reach out online.