If a loved one has unfortunately passed away due to someone else’s
negligence, you may be entitled to receive compensation. First, however,
it must be proven that the death was indeed wrongful. As always, it is
highly advised that you
speak to a personal injury attorney in order to fully understand the intricacies of wrongful death law, since
each case is unique.
There are three elements to a wrongful death case that must be satisfied:
- There must be conduct that is considered negligent or a breach of duty.
- The conduct must have directly resulted in the death of another person.
- Had they not died, the injured person would have been entitled to sue
The second requirement can be tricky. Say, for example, someone were hit
by a car but then died a week later from another serious injury. In this
case, the survivors would not have an action against the driver of the
car since it did not directly impact the death of the decedent. In regards
to the third requirement, survivors wouldn’t be entitled to a claim
if the decedent died while engaging in illegal activity.
Survivors of the deceased, including spouses, parents, dependents, and
children under 25, are entitled to recover monetary damages after a wrongful
death. There are some restrictions to this, as children born out of wedlock
may not always qualify. Friends, coworkers, or anyone not linked by family
or dependency are unfortunately ineligible to file a claim. Damages that
can be recovered in wrongful death cases include medical expenses, funeral
expenses, pain and suffering related to the loss, and loss of earnings.
Cohen Law Can Help! Get the Representation You Deserve.
I have fought and won for countless clients with my top-notch legal representation
and possess nearly a decade of experience. Larger firms may see you as
just a number, but I see each of my clients as unique individuals who
deserves personalized attention and care. If you are a survivor of someone
who passed due to another’s negligence, Cohen Law for help bringing
justice to those responsible.
If you think you may have a case, speak to a Miami
wrongful death attorney at Cohen Law today by dialing (305) 707-6425.