Wrongful Death

If you have a spouse, child, parent or other relative who has passed away due to the fault of another, please accept my sincere condolences.  Death is an unfortunate part of life. However, a premature death due to the carelessness or actions of another causes unnecessary grief to those close to the person who died. Losing a loved one due to the fault of another is a terrible tragedy, with extreme far reaching consequences, both emotionally and financially. 

In Florida, there are laws which set forth the types of damages a person’s “Estate” and “Survivors” are entitled, when the negligence or actions of another cause a person’s death. An “Estate” is a legal entity which assists in organizing a person’s legal affairs and allows a personal representative to collect a deceased person’s “assets,” so as to assist in paying or settling a deceased person’s liabilities or other debts. 

“Survivors”, include the deceased person’s:

  • husband or wife;
  • children;
  • parents;
  • adoptive brothers and sisters;  and 
  • other relatives related by blood, when those individuals are partly or wholly dependent on the deceased person for financial support or services. 

The damages a deceased person’s estate are entitled to recover in Florida include: 

  • net accumulations, which is the money the deceased person would have earned if the deceased person would have lived a normal life expectancy;
  • medical expenses, incurred as a result of the incident which caused the premature death of your loved one; 
  • funeral expenses, associated with the proper burial of your loved one. 

The damages “Survivors” are entitled to recover in Florida are listed by the Florida Legislature. They include: 

  • the lost support and services provided by the deceased person to any “Survivors;”
  • the surviving spouse’s loss of companionship and protection, as well as the unfortunate mental pain and suffering experienced from losing a loved one due to the fault of another;
  • for minor children of the deceased person, the lost parental companionship, instruction and guidance, as well as mental pain and suffering;
  • for all children, if there is no surviving spouse of the deceased person, the lost parental companionship, instruction and guidance, as well as mental pain and suffering;
  • for parents, who are the survivors of a deceased minor child, they can recover for mental pain and suffering;
  • for parents, who are the survivors of an adult child, if that adult child does not have a spouse or children, they can recover for mental pain and suffering. 

If a loved one, unfortunately, passes away due to the negligence or actions of another, you will likely have many questions. 

  • Who is going to pay for any medical bills? 
  • Should I talk to an insurance company? 
  • Should I provide a recorded statement or other information? 
  • Should I complete numerous forms?
  • Should I accept a settlement offer, if one is made? 

What a Wrongful Death Attorney Will Do for You

The best decision you can make before doing anything is to speak with a Miami wrongful death attorney and ask all of these questions. This will ensure that your rights are properly protected. 

If you have unfortunately lost a loved one due the negligence or actions of another, you may not be quite sure what to do. By calling or contacting me, I will:

  • Personally help you through this ordeal.
  • Provide appropriate legal advice to you. 
  • If you require psychological or psychiatric attention and you do not know the name of a reputable specialist, I will personally provide you with a list of specialists who are experts in assisting individuals who have suffered a tragic loss of a loved one. 

As a former trial attorney for major insurance companies, I will only recommend respected specialists who are concerned about your well-being and who are respected in both the medical and legal community. 

If a loved one has unfortunately passed away due to the negligence or actions of another and you need an experienced lawyer, please contact me, Steven Ainbinder, for a free, confidential consultation. I personally believe that our system of justice works best when both sides have a skilled wrongful death attorney representing their clients.

Entrust me to be your wrongful death attorney and we will bring the quilty ones to justice!