Enforcing Civil Judgments In Cases Of Miami Wrongful Death
Nothing is worse than losing a loved one unexpectedly, particularly when negligence on the part of others is to blame. No amount of money can ease your suffering, but filing a claim for wrongful death in Miami can provide a sense of justice and the compensation needed to cover final costs and other expenses. Find out more about these types of claims and how our Miami wrongful death lawyer can help ensure civil judgments are enforced.
Your Rights In Filing A Wrongful Death Lawsuit In Miami
A wrongful death occurs due to the negligence of others involved. Under Chapter 768 of the Florida Statutes, you have the right to hold those at fault liable for your losses in a wrongful death claim.
In some cases, insurance may help to cover some of your costs. In cases where this type of coverage is not available or fails to adequately compensate you for your loss, a wrongful death lawsuit may be a better option. Those entitled to file a wrongful death lawsuit in Miami include the spouse, parent, child, other close family members of the victim, or representatives of their estate. Compensation available includes:
- Economic damages, covering tangible losses. This includes outstanding medical expenses, funeral costs, lost wages, and future lost earnings and benefits.
- Non-economic damages, covering intangible losses. This includes pain, suffering, loss of companionship, and lost enjoyment in life.
- Punitive damages, which we can push for in cases involving gross negligence. This is an additional amount that punishes the at-fault party and discourages others from engaging in similar behavior.
Punitive damages in a Miami wrongful death claim can total up to three times the amount of other compensation awarded or $500,000, whichever amount is greater.
Making The At-Fault Party Pay
When filing a wrongful death lawsuit through the Miami-Dade County Civil Court, a judge or jury will hear your case, make a decision, and a final judgment will be issued. This is the amount the at-fault party has to pay. What happens if they refuse to pay or do not have the money? In this scenario, our Miami wrongful death lawyer can guide you in taking enforcement actions.
Depending on the exact circumstances involved, there are a number of options for enforcing civil judgments and making at-fault parties pay. These include:
- Garnishing their current wages and any future income they make;
- Seizing money in bank accounts, lottery winnings, tax refunds, and other benefits;
- Placing a lien on real estate and personal property;
- Placing them under arrest until a portion of the debt is paid.
Caring Support And Professional Legal Representation From Our Miami Wrongful Death Lawyer
Pita Weber Del Prado provides the caring support and professional legal representation grieving families need. We help you get a sense of justice and hold those responsible for your loved one’s death accountable. Call 305-670-2889 or contact our Miami wrongful death lawyer online and request a confidential consultation today.
Sources:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/0768PARTIContentsIndex.html
miami-dadeclerk.com/clerk/civil-family-court.page