Miami Wrongful Death Lawyer: Sean M. Cleary

If someone is responsible for the death of your loved one, intentionally or unintentionally, our law firm will help you receive compensation.

How Do We Help in a Wrongful Death Case?

When someone is killed due to negligence, The Law Offices of Sean M. Cleary can help you receive compensation for pain, suffering, medical, funeral costs and more.

Sean M. Cleary

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Miami Wrongful Death Lawyer

Since the circumstances that may lead to wrongful death are of a great variety, the statistics reported in the U.S. are shocking. For example, in Florida, medical malpractice alone is shown to cause each year over 10K deaths. Over 3 million injuries per year result from transportation accidents and an estimated number of 40K are fatal. Statistics show that nearly 800 children die each year in the U. S. in motor vehicle crashes. Statistics also report 12K yearly injuries that lead to over 100 deaths involving school buses. As published by the US Coast Guard, about 8K boating accidents occur each year, and over 700 are fatal. The construction industry accounts for the highest total of worker deaths, with 937 deaths annually.

 
 
Miami Wrongful Death Lawyer

Almost 200K people die from fatal injuries annually, the equivalent of about one person every three minutes. Many of them, about 37K each year and nearly 101 people every day of the year are traffic fatalities.

In Miami, almost 300 people die in car accidents each year, about 50 victims being pedestrian fatalities and 10 being bicycle fatalities.

The people or entities named in your claim will depend on the details of your case.

For example, if a loved one was killed in a car accident when a drunk driver struck him or her, possible defendants in your wrongful death claim might include:

  • The driver or employer at fault in the automobile accident
  • The drunk driver’s insurance company
  • The persons who sold served, or gave alcohol to the impaired driver, if the driver was a habitual drinker or an underage person
  • The owner of the premises where the alcohol was served, if the driver was an underage person
  • The manufacturer, distributor, or installer of a faulty or dangerous part of the vehicle
  • Construction companies or roadway designers if a steep curve or other roadway defect worsened injuries
  • Municipalities, if road defects, improper maintenance, or other road conditions played a role in the accident
  • Government agencies, if a failure to warn of road hazards factored into the accident
Miami Wrongful Death Lawyer

Statistics regarding traffic accidents where a big rig is involved portray a harsh image of victims of collisions. The U.S. Department of Transportation informs that more than a half-million truck accidents occur each year. These accidents cause around 5K deaths annually, which represent 12 percent of all traffic-related deaths.

Florida's roads saw more than 4.4K fatal traffic accidents annually in recent years, with an average of nearly 350 involving trucks. These studies also revealed an aspect that is even more startling: 98 percent of truck accident victims are drivers and occupants of cars. In other words, most of the time trucking crashes injure other travelers-not the truck driver.

Drivers are directly liable for the crashes they cause. However, when truck crashes occur, depending on the details of the case, there may be more than just the drivers who are held accountable for being at fault.

Liability might also apply to:

  • The company the driver works for
  • The company that loaded the truck
  • The company the load is being delivered to

In some cases, truck drivers travel in teams. One person drives the truck while the other person rests and then they switch. When a truck crash involves a co-driver, this person may also be able to sue the driver and the trucking company, if he or she was injured in the accident.

Miami Wrongful Death Lawyer

Medical malpractice is a broad category of types of legal action including misdiagnosis, surgical, care and medication errors, etc. Medical malpractice cases are lengthy and complex processes, with long investigations and complicated proofs.

Studies conducted by the National Academy of Medicine (NAM) show that one in five medical errors are potentially serious or even fatal.

In the United States, medical errors are the third cause of death, leading to at least 250K deaths every year.

In a medical malpractice claim, the following parties may be possible defendants liable for causing the death of your loved one:

Miami Wrongful Death Lawyer

According to the Centers for Disease Control and Prevention (CDC), over 17K people die in the U.S. annually because of slip, trip, and fall injuries. Slip and fall accidents in Miami and Florida are the common cause of traumatic brain injuries (TBI) and these account for 46% of fatal fall injuries among older Americans.

Landowners, business owners, homeowners, landlords, and municipalities are expected to keep their property free of physical hazards that endanger people who are allowed access because they were invited for business, commercial, or social purposes.

Also, landowners can be held liable for injuries suffered on their property by anyone, including trespassers. Landowners should make reasonable efforts to correct dangerous conditions or warn others of the danger with a sign.

Typical sites of premise liability cases include:

  • Private homes
  • Retail stores
  • Restaurants, nightclubs, and bars
  • Supermarkets
  • Shopping malls
  • Hotels and motels
  • Amusement parks
  • Parking lots, parking garages, and ramps
  • Stadiums
  • Public sidewalks
Miami Wrongful Death Lawyer

Reports from the Bureau of Labor Statistics show that in Florida almost 300 people suffer each year fatal occupational injuries. The highest rates of workplace fatalities keep natural resources, construction, and maintenance occupations atop the list of America's most dangerous jobs with an estimated one in every five worker deaths being in construction. In the construction industry, the leading causes of worker deaths are slips and falls, followed by struck by an object, electrocution, and caught-in/between.

If a death occurs due to a workplace accident and a third party other than the employer was to blame, you may file a wrongful death action against that party. Examples of potentially liable parties in a wrongful death claim following a workplace accident include:

  • The manufacturer of a dangerous or defective piece of machinery that caused the accident
  • A third-party contractor or employee from another company
  • The owner of a property where the accident occurred who failed to remedy a hazardous condition that caused the accident and death
  • Any other third party whose negligence caused the accident
Miami Wrongful Death Lawyer

According to Consumer Product Safety Commission (CPSC) statistics, dangerous or defective products, from malfunctioning auto parts to faulty medical devices, resulting in nearly three million injuries and 22K fatalities every year in the United States. Any type of manufactured product on the market can be dangerous or defective including foods, drugs, cosmetics, toys, and more.

In product liability cases, compensation may be recovered from either the manufacturer, distributor, or a retailer. Anyone in a product’s chain of distribution could potentially be liable for an injury. A chain of distribution is anyone who has handled a product from the time it left the manufacturer’s warehouse to the time in which it was stocked in the store for purchase by a customer.

If you lost a family member due to wrongful death and are unsure what your next step is, contact our Miami wrongful death lawyer today to get help.

 

Common Wrongful Death Questions

Who Can File a Wrongful Death Lawsuit in Florida? »

Under the Florida Wrongful Death Act, wrongful death lawsuits can be filed by the spouse or any blood relative (children, parents, siblings) or adoptive sibling who is dependent on the decedent for particular types of support or services. The surviving relatives who can recover damages for wrongful death are known as beneficiaries or survivors.

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What Damages Can Be Recovered in a Wrongful Death Lawsuit? »

The damages that can be recovered in a wrongful death case include economic damages, such as medical costs, funeral costs, the loss of the decedent’s financial contributions, and noneconomic damages that can include compensation for grief and the loss of companionship. In some cases, punitive damages can be recovered, as well.

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What Is a Wrongful Death Lawsuit? »

A wrongful death lawsuit is a legal civil action brought by the family members of a person who died or was killed as a result of a person’s or entity’s negligent behavior or as a consequence of an intentional act. When a person dies as a result of an exterior act of negligence, the surviving relatives can seek compensation for their loss, such as potential lost wages from the deceased, losing companionship, or funeral expenses.

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What Is the Statute of Limitations for Wrongful Death in Florida? »

The statute of limitations for filing a wrongful death claim in the state of Florida is two years from the date of death. For example, if your loved one passes away because of another's recklessness or negligence on January 1, 2016, you must file a Florida wrongful death claim by January 1, 2018. However, certain extensions may apply in very few cases, depending on the nature of the action. An attorney can assess the specifics.

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