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At Charlip Law Group, LC our Miami wrongful death attorneys will provide you with passionate representation and compassionate counseling coupled with the knowledge and experience drawn from almost 40 years of personal injury trial practice. Our multilingual staff will deal with your issues promptly and always keep you timely informed about the progress of your case.
Why are we different from other Florida injury law firms? It starts with our personal service and compassion for your loss and pain. At our firm, you are not just one of the thousands of other clients with cases, you are someone we care about on a personal level who trusts in us and helps you seek honors and humbles us. We work very hard on your behalf to uphold the trust and confidence you have placed in us to obtain the best result possible for you. To that end, we only accept clients for whom we believe we can obtain a result that will provide them satisfaction and suitable compensation for their losses and injuries.
Fortunately for you, we can offer you the highest level of legal services available. Mr. Charlip was an honors graduate of the University of Florida School of Law, Executive Editor of the Law Review, Board Certified Civil Trial Lawyer, Florida Civil Law Notary, and has almost 40 years of civil jury trial experience. There’s a reason we’re ranked among the top personal injury firms in Florida – we’re not afraid to fight in court to get you the largest possible jury verdict or settlement. Our results speak for themselves – our most recent jury trial verdict in a premises liability case was for $5 Million, one of the top 50 verdicts in Florida for 2019 and one of the highest premise liability verdicts in Florida!
From the very beginning, we develop an evidence-driven expert-supported creative, and effective strategy that is designed to achieve a favorable conclusion to your case. Every step of the way, we can be there by your side providing the aggressive yet compassionate support you need.
Reach out to us 24 hours a day, 7 days a week for a free case evaluation. You pay nothing unless we win your case. Call us today at (305) 354-9313.
To file a lawsuit for wrongful death, you must prove that you have the “standing” to sue. Standing is a legal term that refers to a party’s ability to file suit in court based upon their interest in the outcome. To be allowed to file suit, you must demonstrate that you have a sufficient relationship to the legal matter.
A wrongful death case is one in which a surviving relative has the standing to file suit. This could include, for instance, a spouse, child, or parent. The state’s laws regarding who is eligible to file a case may differ.
Florida law requires that the personal representative of the estate deceased person must file a wrongful death claim. This personal representative will be listed in the estate plan or will of the deceased. If no personal representative was listed, the court will name a personal representative to help with a wrongful death claim.
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 who are dependent on the deceased for support and services.
There are also special rules that apply to children with unmarried parents. If the mother of the child has died in a wrongful death incident, the child may be entitled to damages in a lawsuit for wrongful death. However, damages can only be claimed by the child if the father has acknowledged the child as his and provided financial support.
At Charlip Law Group, LC we understand how difficult filing a wrongful death claim can be. It can be a very emotional time for the family, and this is why having a skilled wrongful death attorney is very important. A lawyer may be able to help the family receive the compensation they deserve.
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To hold the responsible party accountable and receive compensation for damages, you must prove negligence. The following things are what you need to prove:
The defendant must be proven to have owed the victim a duty of care. In most cases, a duty of care is implied. For example, in the event of a death in a car crash, the defendant must prove that the deceased was owed a duty. Every driver has a duty to drive safely and reasonably. When premises liability is involved, particularly if there are trespassers or other visitors, the duty to care may be more difficult.
The second thing you have to prove is that defendant breached the duty of care due to your loved ones. This is known as acting negligently. One example is that speeding is unlawful and unreasonable, which is why it is considered negligent. Another negligent act is failing to follow the medical standard of care when prescribing dangerous medication to a patient. Another example is the manufacturing of a dangerous product for consumer consumption.
Another element of a wrongful death claim is the need to prove that there was a breach of the duty and that breach was the cause of death for your loved one. If you fail to establish causation, there is no 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.
Proving liability in a wrongful death claim can be complicated and overwhelming. This is why it is important to seek the help of an experienced Florida wrongful death lawyer. Speaking with a skilled wrongful death attorney may be able to help the family understand their rights and help them receive the compensation they deserve.
Please call Charlip Law Group, LC at (305) 354-9313 to speak with us about your wrongful death lawsuit.
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Tell us about your legal concern
Although any act of negligence that leads to a fatality may fall under the definition of wrongful death, these incidents occur most often in:
Whatever the circumstances of your family member’s passing, a wrongful death lawyer can help you explore your options for pursuing legal action. Reach out to us 24 hours a day, 7 days a week for a free case evaluation. You pay nothing unless we recover compensation on your behalf.
FREQUENTLY ASKED QUESTIONS
Quite frankly, you as a layperson are not in any position to evaluate or understand what is an appropriate and fair settlement for your case. Often, insurance companies give lowball offers to avoid paying out the full amount of compensation the injured person is owed. By working with an experienced wrongful death attorney, you can protect your rights under Florida law and obtain the full compensation to which you are entitled. There are nuanced and complicated legal issues that are involved in wrongful death cases that require the specialized knowledge and experience that only a personal injury attorney can bring to level the playing field against insurance companies poised to either defeat, deny or minimize your claim.
Putting aside normal estate administration, there are categories of legal issues that we get questions about from clients.
First, there are questions that arise from the method or manner of the death – what caused the death – why did my loved-one have to die.
Second, there are questions about whether the death was preventable, and, if so, are there third parties that could be assigned legal responsibility for the death and be made to pay damages under a wrongful death statute.
Third, there are questions that arise from the arrangements made for the decedent’s final disposition, whether with a funeral home, cemetery or crematorium.
Fourth, where life insurance exists sometimes issues arise as to whether the life insurance company is obligated to pay the death claim.
Fifth, surviving heirs that are dissatisfied with the provisions of a decedent’s will or who may otherwise have been disinherited often want to know whether they can contest the will.
We usually get involved where there is a suspicion of wrongful death or to deal with issues that may arise with mortuary establishments, life insurance companies or will contests.
Understandably, a grieving family member is seldom of the right frame of mind to deal with important and pressing legal issues after dealing with such an emotionally devastating loss. Having dealt with such issues extensively before, we can step in and manage the investigation and interface with the various professionals where necessary as well as deciding whether to deploy our own team of experts, should it be necessary to build a legal case to enforce our client’s rights.
Personal injury and wrongful death trial lawyers are willing to handle personal injury cases on a contingency fee basis. A lawyer who charges a contingency fee will not charge you a fee for his/her time unless there is a recovery. If a recovery is made, then the lawyer’s fee is based upon an agreed percentage of the gross amount recovered. The lawyers at Charlip Law Group, LC charge contingency fees in accordance with the Florida Supreme Court guidelines, typically 33-1/3% in a case that is settled before the need for a lawsuit arises, and 40% when a lawsuit becomes necessary and is contested. The contingent attorney’s fee does not include the costs of pursuing a claim, which may range from just a few hundred dollars to tens or even hundreds of thousands of dollars. These costs are payable separately and not as a part of the contingent fee. Although many law firms may require you to pay these costs in advance, at Charlip Law Group, LC we understand that the consequences of an injury make it difficult, if not impossible, for our clients to advance the costs of a case. In personal injury and wrongful death cases, we pay the costs, and simply ask to be reimbursed at the conclusion of a case when your recovery is received.
When a person dies, a whole series of professionals get involved and events associated with that death proceed on a pretty fixed quickly advancing time schedule.
People die in a variety of different situations, in a hospital, at home, while traveling, at work, in a car or boating accident, so of course there will be variations but boiled down, you can usually expect a doctor or coroner preparing and determining cause of death, a funeral director making arrangements for final disposition, some type of investigatory authority, whether the local police, OSHA, the Highway Patrol or the Coast Guard making some investigatory report.
All of these professionals will likely be involved with a death within 24-36 hours of the death. Therefore, it is important that a potential client who might be seeking legal advice do so quickly before investigations are concluded, final disposition decisions are made or chances to control or be involved with matters associated with the death pass.
Because first, we do not charge for our services unless we prevail in a lawsuit or unless we quote a specific fee for performing a discrete service. Second, because most non-lawyers do not understand liability laws, which can be very complicated. We have been involved in many death cases where the clients initially thought they had no chance of prevailing or obtaining any worthwhile settlement.
Some examples would be where there was a concern about post mortem blood draws reflecting a blood alcohol level above the legal limit; single vehicle accidents; deaths from drug overdoses (either street or prescription); suicides; shootings; nursing home deaths or unexplained hospital deaths.
Very often the WHY? Question – why did someone die is glossed over or sometimes outright concealed by the people involved with the death – the doctor that committed malpractice; the highway workers that failed to put up necessary warning signs, the drug company marketing addictive drugs without proper safeguards or warnings….I could go on. As death lawyers we are trained and have experience to identify and pursue those factors that represent negligence or reckless conduct causing death which would be compensable to our clients.
2. How to Learn What Caused a Family Member to Die?
3. Assigning Legal Responsibility for the Preventable Death of Your Family Member.
4. Dealing with Legal Issues Arising from Arrangements for Final Disposition.
5. Contesting the Decedent’s Will.
6. Collecting on a Life Insurance Death Claim.
REAL People. Real Reviews. Real Results.
The attorneys at our firm bring many years of training and experience to the practice of law. Our multi-lingual staff will deal with your issues promptly. We are conveniently located in Miami-Dade County. Our South Florida location allows us to serve our clients in Miami-Dade, Broward, and Palm Beach Counties; throughout Florida and the United States.
Our primary goal is to provide high-quality, innovative legal work based on the cutting edge of the law that places the client’s needs first and wins cases. Throughout our legal career, Charlip Law Group LC has always advanced and secured clients’ interests with high integrity by adapting and even helping create laws for our client’s unique circumstances and positions.