Wrongful Death Accident Attorney in Miami Gardens, FL

Originally, wrongful death statutes in Florida were created to give financial support for widows and orphans. It was also an impetus to encourage people to exercise care to prevent injuries. When a wrongful death action is filed in South Florida, it is separate and apart from criminal charges, and neither proceeding has bearing on the other. A defendant acquitted of criminal murder charges still may be sued in a civil action by the victim’s family for wrongful death.

An action for wrongful death may be brought in Miami Gardens and throughout the state of Florida for either an intentional or unintentional act that causes an injury that results in death. These incidents do not have to happen in Miami Gardens or in Florida for a Florida resident to bring a wrongful death action. Some examples of wrongful death are: a blow to the head during an altercation that later results in death; the driver of an automobile who unintentionally causes the death of another in an accident; and an individual in Miami Gardens or anywhere who, in violation of local law, neglects to enclose a swimming pool in his yard can be held liable for the omission or failure to act if a child is attracted to the pool and subsequently drowns.

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In Florida a law suit that arises from the death of an individual that was caused by the conduct of another, becomes a wrongful death claim. When this type of claim is filed in Miami Gardens, it is brought to recover damages to provide relief to family members who have been injured emotionally and financially as a result of the family member’s death. The plaintiff in a wrongful death action is the personal representative of the decedent. Fla. Stat. 786.20 In Florida wrongful death cases, special consideration is given to the statute of limitations. Generally, you have two years from the time of the decedent’s death to file a law suit (Fla. Stat. 95.11). Wrongful death actions based on medical malpractice, however, are governed by the medical malpractice statute of limitations which may extend your right to sue to four years (Fla. Stat. 95.11).