Do You Have A Wrongful Death Lawsuit? Here’s How to Make It Stick

A wrongful death lawsuit is when someone dies because of the negligence of someone else or because of an intentional act of harm. This can happen because of someone’s reckless driving, a doctor failing to diagnose a condition, or when an individual is intentionally killed. (among many other reasons). There are multiple ways wrongful death can happen, but no matter how it happens the end result is always the same. The people left in the wake of the victim’s death go through a period of depression, loneliness, and disbelief.

Usually, wrongful death lawsuits are filed by a victim’s loved one(s). Husbands that lost their wives in a car crash because of a driver’s drunk driving. Mothers who’ve lost their children because of someone else’s negligence. Sisters or brothers who’ve lost their sibling’s due to an intentional act of violence. A wrongful death case, no matter how delicate, requires the same elements of proof as any other case that is filed. To make sure your claims sticks, these are the 4 things you need to prove.

Negligence:

You must prove that your loved one died because of someone else’s recklessness, carelessness, or indifference for the safety of the other people around them

Breach of Duty

It must be proved that the negligent actor breached a legal duty which he or she owed the victim. For example, a doctor has a legal duty to exercise reasonable care in rendering medical services.

Causation

It must be proved that the breach of duty caused the victim’s death

Damages

The damages that were caused by the victim’s death must be quantifiable. Some examples of this are medical expenses, the funeral costs, loss of income and pain and suffering. A husband can sue a defendant for causing him to have to live without the physical and emotional affection his wife provided him and can no longer have.

Filing a wrongful death claim is difficult and the legal process is demanding and involves numerous steps that you have to partake in. Hiring an attorney that is skilled and has experience working in a case such as this is necessary since it has a tendency to get complicated. Vinas & DeLuca have years of experience representing victims of wrongful death cases. If you or someone you know has suffered an injury, death or financial loss due to someone else’s negligence, don’t hesitate to call Vinas & DeLuca at (305) 372-3650. Their clients are their highest priority and their firm handles wrongful death matters throughout Florida, with offices in Miami, Palm Beach, and Tampa.

 Our Process

The 4 Steps We Take After You Retain Us

01. Report

We notify all insurance companies and potential defendants that we represent you. From there, we handle everything. You will not need to speak with anyone but your lawyers. All communications go through us – your advocates.

02. RECOVER

We help you get the medical care you need when you need it. Our lawyers and staff help you make appointments, obtain medical advice, and recover from your injuries, both physically and financially. We are at your side each step of the way.

03. Review

Our lawyers and medical experts review your medical records to determine the most effective way to present your injury claim. This may require forensic expert reports, professional medical illustrations, or 3D animations of your accident or injury. We spare no expense when it comes to effectively telling your story.

04. ReSULTS

Drawing on decades of combined legal experience, our lawyers aggressively pursue top dollar settlements and verdicts for each of our clients. The vast majority of defendants in our cases choose not to go to trial against our law firm, setting the stage for our clients to receive satisfactory settlements and results.

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Francisco Viñas
Personal Injury Attorney
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Jarrett L. DeLuca
Personal Injury Attorney

South Florida Top Attorneys

The attorneys at Viñas and DeLuca have over 35 years of combined experience handling personal injury and wrongful death claims throughout Miami and the State of Florida.  Over the years, we have recovered millions of dollars for our clients, representing them in both state and federal court.  Each of our attorneys is AV rated by Martindale-Hubbell, signifying the highest level of professional excellence for legal knowledge, communication skills and ethical standards.  Attorneys at Viñas and DeLuca have also been recognized by Super Lawyers, The National Trial Lawyers Top 100 and Top 40 under 40, Avvo, and others. Some of the results we have achieved for our clients are highlighted below.  While the results of any case can vary depending on the facts, our commitment to winning big for our clients never changes.

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With An Experienced Attorney

We offer our services on a contingency fee basis, which means that you do not have to worry about legal fees unless we win your case. That’s right. You get to focus all of your time, energy, and money on getting better while we handle your complex personal injury law case. You only have a limited amount of time to file a claim, so contact us today. We’re available to assist injury victims throughout Miami-Dade County.

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          The attorneys at Viñas & Deluca, PLLC have the experience necessary to help you make the most of your case. Our principal office is located in Miami, Florida. All office visits are by appointment only.

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