Miami Wrongful Death Lawyer
A Wrongful Death Attorney in Miami Helping Survivors Find Justice
Losing a loved one in a preventable accident or because of someone else’s wrongful act is something no one should ever have to experience. Unfortunately, people experience this tragedy every day and often have no idea where to turn.
Under Florida law, surviving loved ones of people who have passed away may be able to recover compensation by filing a wrongful death claim. While no amount of money can bring your loved one back, a wrongful death claim can help you feel that justice has been served and ensure that your financial needs are met.
At Iscoe Law Firm, we fiercely advocate on behalf of our clients that have lost loved ones because of the negligent or otherwise wrongful acts of other people. We never encourage our clients to settle for less than they should and will never hesitate to take a case to trial if justice demands it. To schedule a free case evaluation to find out whether you have a claim, call our office today.
Fatal Accidents Often Result in Wrongful Death Claims
A wide variety of accidents can result in fatal injuries. In order for an accident to give rise to a wrongful death claim, however, an accident must have been the result of someone else’s negligence.
Negligence occurs when a person fails to use the degree of care that would ordinarily be used by a reasonable person in the same or similar circumstances. For example, when a driver speeds, he or she is likely engaging in negligence. Similarly, a surgeon that performs surgery without adequate rest or while under the influence of drugs or alcohol is likely engaging in negligent conduct. Some examples of accidents that often allow survivors to assert a wrongful death claim include:
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Commercial trucking accidents
- Bicycle accidents
- Nursing home accidents
- Incidents involving medical malpractice
- Aviation accidents
- Recreational accidents
- Accidents involving defective consumer products
- Elevator and escalator accidents
- Industrial accidents
As a surviving family member of a person who has lost their life in an accident, it’s always a good idea to discuss your case with an attorney. Negligence can be hard to identify, particularly in cases where the cause of an accident is not immediately clear. For example, you may assume that your loved one’s single-car accident was due to driver error, but it may have actually been due to a design or manufacturing flaw that made the vehicle inherently unsafe to drive.
Because we offer free consultations, there is no risk associated with meeting with a Miami wrongful death lawyer to find out whether you and your family can pursue a claim. In addition, if we do inform you that you are likely entitled to compensation, there is no obligation to retain us to represent you,
Wrongful Death Claims Can Also Arise from Intentional Acts
While losing a loved one in a preventable accident can be devastating, it can be even more traumatizing if your loved one died due to the intentional acts of others. If someone dies due to violence or other criminal conduct, it can only magnify the need for justice for you and your family.
After someone’s intentional conduct causes death, they will likely be arrested and face criminal charges. Keep in mind that this criminal case will likely do little to help you and your family recover for your extensive losses. Instead, you must take action in civil court by filing a wrongful death case against the perpetrator.
If the offender is convicted of homicide or another criminal offense, you can use that conviction to automatically prove liability for wrongful death. Even if there is no conviction – or even no charges issued – you can still seek damages for wrongful death on the civil side. This is because the legal burden of proof is lower in civil court, and just because the crime could not be proven beyond a reasonable doubt does not necessarily mean that you cannot prove your civil claim by a preponderance of the evidence. Never hesitate to speak with a Miami wrongful death attorney about a possible case.
Do You Need a Wrongful Death Lawyer to Settle Your Case?
If you are sure that another party was responsible for causing your loved one’s death, you might think the wrongful death process will be fairly straightforward. Unfortunately, many families face challenges and obstacles during the legal process, as insurance companies try their hardest to limit settlement payouts – even to grieving families.
Insurance companies might:
- Deny that a policyholder was liable for the fatal incident
- Challenge that the fatal injuries stemmed from the incident
- Question the extent of your losses
- Cause unnecessary delays or inconvenience
- Offer much less than you deserve hoping that you will accept the low settlement
Too many families have valid claims but walk away with inadequate settlements because they did not have the right legal guidance and representation.
When you contact a Miami wrongful death lawyer, they can help you in many ways and work to ensure you receive the full compensation you deserve. Some ways our legal team assists clients in this position include:
- Evaluating whether you have a valid wrongful death claim
- Determining all parties that should be liable for the death, which might include individuals, companies, or both
- Preparing and filing persuasive insurance claims
- Advising when a settlement offer is insufficient and negotiating for additional damages
- Filing – or threatening to file – a wrongful death lawsuit if the insurance offers continue to be too low
- Handling every step of the litigation process, including ongoing settlement negotiations
Insurance companies know that they cannot use the same tactics on experienced attorneys as they can on unrepresented claimants. Having a lawyer also demonstrates that litigation is a real possibility, and insurers might offer more to avoid having to go through that process. While it is not required to have a lawyer, it is highly beneficial to do so.
Call Us Today to Schedule a Free Case Evaluation with a Miami Wrongful Death Attorney
If you have lost a loved one in an accident or because of someone else’s intentional conduct, it’s in your best interest to contact attorney Gary T. Iscoe as soon as you can. Mr. Iscoe is an experienced wrongful death lawyer in Miami who knows how to get his clients the compensation they deserve under the law. At our firm, we will review your case at no cost to you and will only collect legal fees if we win your case.