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Filing a Wrongful Death Lawsuit After a Miami Construction Accident

— October 5, 2022

You can claim a wide range of both economic and non-economic damages in a wrongful death lawsuit.

If your loved one has passed away due to a construction accident in Miami, you may be struggling to figure out what to do next. Aside from the emotional toll of such an incident, you may be dealing with a wide range of financial burdens. Perhaps your loved one required expensive medical treatments before ultimately passing away, and you are now dealing with tremendous debt as a result. Maybe your loved one was the primary breadwinner in the family, and you’re not sure how you’re going to continue putting food on the table for your children. In addition, you might be faced with considerable funeral costs. 

Whatever the case may be, it’s important to understand that you’re not alone in this fight. A qualified, experienced personal injury attorney in Florida can help you file a wrongful death lawsuit against negligent parties who may have contributed to your loved one’s death. This personal injury lawsuit can provide you with a tremendous settlement that can cover all of your financial expenses. In addition, you can receive compensation for the emotional impact of the incident. 

Who Can You Sue?

Workplace accidents are slightly complicated because it may not be immediately clear who you can sue for your loved one’s passing. Although your employer might have been largely responsible for their death due to some kind of safety oversight or negligence, you can not sue them in most cases. This is because direct employers are protected from being sued by their employers due to Workers’ Compensation. If your loved one’s employer caused their death, you may need to file a claim through Workers’ Compensation instead. This still allows you to receive a considerable settlement, although you might not have the ability to claim non-economic damages, such as pain and suffering. 

On the other hand, you can directly sue third parties, such as property owners or contractors. For example, your loved one might have been working on the road when a semi-truck arrived to dump a load of concrete. If your loved one is struck and killed by the semi-truck, you can directly sue the trucking company and the driver since they were not his direct employers.

Sad girl; image by Muizur, via
Sad girl; image by Muizur, via

What Damages Can I Claim in a Wrongful Death Lawsuit?

You can claim a wide range of both economic and non-economic damages in a wrongful death lawsuit, including:

  • Loss of consortium
  • Funeral costs
  • Medical expenses
  • Loss of future wages
  • Emotional anguish

Enlist the Help of a Qualified Attorney Today

If you’ve been searching the Miami area for a qualified, experienced personal injury attorney who can help you with a wrongful death lawsuit, look no further than The Law Offices of Mario Trespalacios. We understand how many issues surviving family members are faced with after losing a loved one in a construction accident. Let us handle the legal aspects of this situation so you can focus on healing and moving on with your life as best you can. Book your consultation today. 

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