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Losing someone you love is devastating on its own. When the loss came from someone else's carelessness, it carries a particular kind of pain, along with practical weights no grieving family should have to think about, from funeral costs to lost income to questions that still don't have answers. Nothing can undo what happened. What we can do is take the legal side off your plate, so your family has room to grieve while someone looks out for your interests.
What Is a Wrongful Death Claim?
A wrongful death claim arises when a person dies because of another party's negligent, reckless, or intentional conduct. It is a civil claim, separate from any criminal case, that lets the surviving family seek accountability and financial recovery. Under Florida's Wrongful Death Act, only the personal representative of the deceased person's estate may file the lawsuit, on behalf of the surviving beneficiaries.
Types of Wrongful Death Cases We Handle
Wrongful death can result from almost any kind of negligence, including:
- Fatal car, truck, and motorcycle accidents
- Medical malpractice
- Nursing home abuse and neglect
- Premises liability, including negligent security and dangerous property conditions
- Defective and dangerous products
- Construction and workplace accidents
Who Can Recover Compensation
Florida law identifies which survivors may recover, which can include a surviving spouse, children, parents (particularly when the deceased was a minor), and other relatives who depended on the deceased for support or services.
Damages in a Wrongful Death Case
Economic Damages
These cover measurable financial losses, including medical and funeral expenses, the lost income and benefits the deceased would have provided, and the loss of the estate's prospective accumulations.
Non-Economic Damages
These address losses that cannot be measured in dollars, such as a surviving spouse's loss of companionship and the mental pain and suffering of qualifying survivors. Florida places particular limits on which survivors may recover these, especially in medical malpractice cases.
Punitive Damages
In cases involving especially reckless or intentional conduct, such as a drunk driver with prior offenses, punitive damages may be available. They are meant to punish the wrongdoer and are subject to a higher standard of proof.
Time Limits for Filing
Florida places strict time limits on wrongful death claims, and these deadlines can be shorter than families expect. Important evidence can also disappear quickly, so speaking with an attorney promptly helps protect your family's right to pursue justice, even if you are not ready to make any decisions yet.
Compassionate, Trial-Ready Representation
Todd Poses and Adam Boumel have served as lead and co-lead trial counsel in wrongful death cases in state and federal court. We handle every one with both the compassion these families deserve and the preparation their case demands. Most recently, we recovered $6 million in a trucking wrongful death case and $5.75 million in a wrongful death arising from a motor vehicle crash. You will work directly with the attorneys on your case, and we hold the responsible parties to account so your family does not have to fight that battle alone.
Contact the Wrongful Death Attorneys at Poses Boumel Today
It costs nothing to talk to us. Poses Boumel represents injured people and families throughout Florida from our office in downtown Miami, and we serve clients in English and Spanish. Call 305-577-0200 during our listed office hours or leave a message any time, or reach us through the contact form on our website. Your consultation is free and confidential, with no obligation.