Can I Re-file a Wrongful-Death Lawsuit, and Other Personal-injury Lawyer FAQs

Losing a loved one due to someone else’s negligent behavior is tragic. It can be even more disheartening to learn that the state often cannot file criminal charges against the negligent party, leaving the victim’s family members feeling as though they will never find justice nor closure.

This is an incredibly difficult position for anyone involved. Fortunately, the law allows family members to take matters into their own hands by filing a wrongful-death lawsuit. These claims are often very hard on the claimants, who must juggle their grief with their desire for justice.

If you’re planning to file a wrongful-death lawsuit in Miami, contact us to arrange a free case evaluation with an experienced personal-injury lawyer. We will discuss your situation and help you determine whether or not you have a claim.

At Wolfson & Leon, LLP, we work hard to take as much of the burden off of our clients as we can, and we have more than 50 years of experience doing just that.

To arrange your consultation with a Miami personal-injury lawyer, call us today at 305-285-1115.

What happens if a judge denies my claim? Can I re-file?

Although it’s possible to re-file a wrongful death in certain situations, it is rare that a judge will let you. Wesh News reports on a recent case where a judge dismissed the claim but advised the family that they could re-file with more evidence.

The case centers on the disappearance of Michelle Parker in 2011. After dropping her children off at school, no one heard from her again. Soon after, police found her car and her cellphone, but they haven’t been able to make an arrest.

The police only have one suspect: the man who fathered her children.

Although police haven’t gathered enough evidence to declare Parker deceased, her family believes they have a strong enough case to find justice on their own. The judge dismissed their claim because they didn’t have sufficient evidence, but they plan to re-file after gathering more.

What damages can I seek in a wrongful-death case?

There are many different damages that you can list during your lawsuit, including:

  • Medical and funeral expenses
  • Loss of income
  • Suffering
  • Loss of benefits
  • Grief

Your personal-injury attorney can review your case with you to determine which damages to seek at trial.

Is there a difference between wrongful-death and murder?

The Parker case raises this question. You may file a wrongful-death lawsuit after a murder, but not all lawsuits arise from murder. Even if the defendant did not intend to kill your loved one, you can hold him or her responsible if negligence was involved.

In either case, the term murder is not used for a wrongful-death lawsuit because it is a criminal term. On the other hand, personal-injury suits are exclusively based in civil courts. It’s also easier to prove that a person caused the death in a civil courtroom than it is in a criminal one.

If you have questions about filing a lawsuit in Miami, don’t hesitate to call us. At Wolfson & Leon, LLP, we have been helping victims of negligence and their families since 1963.

To learn more, call us today at 305-285-1115.

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