Wrongful Death Claim

Losing a loved one in an untimely accident, when that accident could have been easily prevented, is hurtful, angering, and often financially disastrous. Kaba Law Group, P.L.L.C. can help you work through those feelings of anger and frustration and get much-needed financial help by holding the responsible party accountable for their negligence or wrongful misconduct.

Through a wrongful death claim, our wrongful death lawyers can find a measure of justice for your loved one and a sense of closure for yourself, knowing the party responsible did not get away with their misdeed with no punishment or repercussion.

📜 What Wrongful Death Means in Florida Law

The Florida Wrongful Death Act holds a person liable for causing death by a wrongful act, negligence, or other means when the victim would have had a personal injury claim had they only been injured and not killed.

The estate’s personal representative can bring a lawsuit against the negligent defendant on behalf of the deceased’s surviving family members, including:

  • Surviving spouse
  • Children
  • Parents
  • Any blood relatives and adoptive brothers and sisters who were partly or wholly dependent on the deceased for support or services

💰 What Are the Damages in a Wrongful Death Case?

Like personal injury cases or other civil matters, Florida courts assess money damages against negligent defendants who caused a wrongful death. These damage awards help hold negligent defendants accountable and compensate the people they have harmed.

In a wrongful death case, the wronged party is the surviving family members who have had a loved one taken from them. These family members can recover:

  1. The value of lost support and services
  2. The surviving spouse’s loss of companionship and protection, plus pain and suffering
  3. A child’s lost parental companionship, instruction, and guidance
  4. Mental pain and suffering (applies to minor children and adult children if there is no surviving spouse)
  5. A parent’s mental pain and suffering for the loss of a minor child, or the loss of an adult child if there are no other survivors
  6. Any family member who paid for the deceased’s medical or funeral expenses can recover those costs

Additionally, the estate’s personal representative can recover damages paid into the estate, which are then distributed according to the deceased’s will, estate plan, or Florida law:

  • Loss of earnings from injury to death
  • Loss of prospective net accumulations that could have been expected without the wrongful death
  • Medical or funeral expenses paid by the estate or charged against the estate

⚖️ Civil Lawsuit vs. Criminal Prosecution

According to the Florida Wrongful Death Act:

“It is the state’s public policy to shift the losses resulting when wrongful death occurs from the decedent’s survivors to the wrongdoer.”

This law recognizes the right to file a wrongful death lawsuit even when death was caused under circumstances constituting a felony.

  • The killing of a human being by the culpable negligence of another may be charged as manslaughter or aggravated manslaughter.
  • Florida also recognizes vehicular homicide, which includes the killing of a human being or an unborn child (by injury to the mother) caused by reckless operation of a motor vehicle.

Not every wrongful death case leads to an arrest or conviction. Whether charges are filed is up to local police and prosecutors. However, a civil wrongful death case can proceed separately from any criminal prosecution.

  • ✅ If a driver or responsible party is convicted of a crime, that fact can be used as strong evidence in the civil case.
  • ✅ If no charges are filed or if the person is not convicted → You can still pursue a wrongful death lawsuit, since civil cases require only proof by a preponderance of the evidence, not guilt beyond a reasonable doubt.

💼 We Are Here to Help With Your Wrongful Death Claim

At Kaba Law Group, P.L.L.C., our lawyers have the professional skills, legal knowledge, and trial experience that you can trust and rely on for results.

If your family member was involved in an accident that resulted in their fatality, Kaba Law Group and our Miami-Dade County wrongful death lawyers have the legal experience and dedication you need. We will help you determine who was at fault and hold them accountable for compensating you for the full value of your losses.

📞Call us today at 305-245-9990 or contact us online to schedule a free, private, and confidential consultation to learn how we can help.

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