Miami Wrongful Death Lawyer David H. Charlip Discusses Florida Liability and Wrongful Death Laws

Miami wrongful death lawyer David Charlip releases a new article (https://charliplawgroup.com/miami-wrongful-death-lawyer/) explaining how wrongful death lawsuits work in Florida. The attorney also provides an overview of determining whether liability exists and how to prove standing in a wrongful death claim. Attorney Charlip mentions that standing refers to the ability of a party to file a suit in court. To file a lawsuit, one must establish sufficient interest or relationship to the legal matter.

According to the Miami wrongful death lawyer, “A personal representative files the wrongful death lawsuit on behalf of the surviving members. Every survivor’s family member that has an interest is named in the wrongful death lawsuit. Surviving family members can include the spouse, children, parents, and any blood relatives dependent on the deceased for support and services.”

Proving negligence is also necessary to hold the responsible party accountable for the wrongful death and to receive compensation for damages. First, the defendant must be proven to have owed the victim a duty of care. In many cases, such a duty of care is implied. For example, every driver is expected to drive safely and reasonably.

The second matter to establish is the breach of the duty of care. The breach happens when a defendant acts negligently. If a driver has ignored their duty of care by speeding and a car accident happens due to their negligence, the driver could be held liable. Establishing causation for wrongful death is also necessary in building the case. The attorney mentions that it stands to reason that the breach of the duty of care must be determined to be the cause of the death to have a case.

“Finally, prove that the accident caused damage. Death is a very obvious loss. However, there are other possible damages for family members such as funeral and burial expenses and lost wages and earnings. Damages can often be both immediate and lasting,” explains the Florida wrongful death attorney.

Lastly, Attorney David Charlip recognizes that proving liability in wrongful death can be legally complicated and emotionally draining, especially after the loss of a loved one. The attorney emphasizes the importance of having an experienced wrongful death attorney when filing such a lawsuit. A skilled lawyer may be able to provide insight and help the bereaved family members receive the compensation they deserve.

About Charlip Law Group

Attorney David H. Charlip has been helping clients in Miami and all across the country for over 30 years. His team of legal professionals at Charlip Law Group carries on years of tradition of meeting the legal needs of businesses and individuals in Miami, throughout Florida, and across the nation. An experienced litigator, David Charlip has a record of winning cases with a high success rate in foreclosure defense and commercial litigation. Charlip Law Group, LC maintains a strong federal practice and handles cases nationwide. Contact them today to schedule a consultation.

Charlip Law Group L.C. | Wrongful Death Law Firm

999 Brickell Ave Ste. 840, Miami, FL 33131, United States

(305) 354-9313