If your immediate family member died due to someone else’s negligence, you might be eligible to receive compensation based on the economic and non-economic damages you suffered. A lawyer can help you fight for your rights to compensation.
We offer free consultations for those who lost loved ones in Brandon, FL. If you believe another party caused your family member’s death, consult legal representation from our team to help you determine if you can take legal action.
How Long Do You Have To File a Wrongful Death Claim?
Under Florida’s statute of limitations, Statutes § 95.11(4)(d), families who lost a loved one due to negligence only have up to two years to file a wrongful death claim or bring a civil action against the other party. While an out-of-court settlement during this period is possible, we sometimes have to sue on behalf of our clients. For this reason, we must protect their right.
Filing a lawsuit may also be necessary when debating the case’s liability or other basic facts. Our attorneys can assess whether this may be necessary to recover financial compensation for you and your family.
If you don’t file in time and miss the deadline, the insurance company will likely deny your wrongful death claim, resulting in you being ineligible for compensation.
Damages Recoverable in a Wrongful Death Lawsuit
It may be possible to recover compensation based on your loved one’s injuries and death through a wrongful death claim or civil lawsuit.
We know no money will make up for losing your beloved family member. However, holding the at-fault parties responsible and getting a settlement to help your family make ends meet can help you grieve without financial worries.
Each case is different, but Florida Statutes § 768.21 generally permits wrongful death damages that include:
- Medical bills: The medical expenses incurred by your loved one before death. These costs may include medical care, hospitalization, emergency room visits, ambulance rides, doctor fees, prescriptions, lab tests, and other related expenses.
- Funeral and burial expenses: Funerals and burials are often expensive. In addition, you and your family may incur additional funeral expenses when you bury your loved one instead of cremating the body.
- Loss of earnings: Wages earned between the accident and the date of death are also recoverable. It also includes any future earnings the deceased would have made had they lived.
- Pain and suffering: This includes the physical and mental anguish experienced by your family member before dying. It also includes the emotional distress survivors feel after losing their loved ones.
- Punitive damages: Punitive damages are awarded against defendants whose conduct was so outrageous that it warrants punishment. They are intended to punish the defendant and deter others from similar behavior.
- Loss of services previously provided by the deceased: This includes the value of the care and companionship your loved one would have given to the survivor.
- Loss of consortium: This includes the loss of the love, affection, society, comfort, solace, companionship, aid, advice, guidance, protection, moral support, and sexual relations the deceased would have shared with the survivor.
- Loss of parental training and guidance for any minor children: This includes the lost opportunity to teach and guide the child about life and how to become a productive adult.
- Loss of inheritance: This includes the monetary value of the deceased’s estate.
- Loss of society and companionship for their spouse: This includes the loss spouses suffer when they lose their partner due to an injury or death caused by another person’s negligence.
- Loss of employment opportunities: This includes the loss or reduction in earning capacity resulting from your loved one’s death.
Our Wrongful Death Law Firm Fights for Justice for Our Clients
At our law firm, we believe surviving family members shouldn’t have to pay for the negligent actions of those who caused their loved one’s death. They should not have to deal with the financial stress of final expenses, outstanding bills, and missed income while also facing the emotional stress of losing their family member.
When you work with our team, you have time to spend with your family and grieve. We take care of everything else, including negotiating with the responsible party’s insurance company. You can count on getting the responsive legal counsel and care you need and deserve.
We handle all cases based on contingency fees. Your family will not need to pay anything upfront or out of pocket. We do not charge for anything until the case is over, and we only receive attorney’s fees if we win a settlement for your case.
Understanding Wrongful Death Cases in Brandon, FL
Our Brandon personal injury attorneys can build a wrongful death case based on almost any accident or injury caused by someone else’s carelessness. Our practice areas include:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Boat accidents
- Bicycle accidents
- Swimming pool accidents
- Falls
- Dog bites
- Workplace accidents
- Medical malpractice
- Defective products
- Product liability
Who Can File a Wrongful Death Case in Florida?
Florida has well-defined wrongful death laws that our attorneys understand and know how to navigate. Under Florida Statutes §768.19, the personal representative of a decedent can file a personal injury claim against a negligent party if the victim could have filed a personal injury lawsuit if they had survived.
The personal representative is either the party named as the executor of the decedent’s will, the administrator of their estate plan, or the party the court appointed to manage their probate process after their death.
This person is often a spouse, adult child, or parent, but it could be another party. The personal representative is acting on behalf of the estate, seeking compensation for heirs, who may be:
- The surviving spouse
- Minor or adult children
- Surviving parents
- Other immediate family members and loved ones
We can help you understand who can represent the family and who may be eligible to recover compensation. We can also discuss the types of damages you could recover. However, the value of your case will be unknown until we can investigate the case and determine the losses and expenses incurred.
Proving Negligence in a Wrongful Death Case
Like any negligence accident case, we have to prove the accused party acted carelessly and caused the incident and injuries that led to your loved one’s death. Proving negligence requires us to collect evidence to demonstrate the following:
- The accused party owed your loved one a duty of care.
- They breached this duty of care.
- This breach caused the accident or incident.
- Your loved one suffered the injuries that led to their death.
For example, a driver has a legal responsibility to follow all traffic laws. A violation of a law can cause a serious accident, leading to fatal injuries. We can use the report filed by police, witness statements, accident reconstruction, and other evidence to tell the story of what happened and demand maximum compensation.
Start Working with a Brandon, FL, Wrongful Death Attorney on Our Team Today
You can speak with a wrongful death attorney from the Law Offices of Anidjar and Levine about your loved one’s wrongful death for free today. We offer complimentary consultations for families who lost a loved one because of someone else’s negligence.
We believe you should have access to your rights, legal options, and representation. We can help you understand the legal process, file a wrongful death claim and hold the at-fault party accountable. Call us or fill out the contact form on our website to speak to our Brandon, FL, personal injury lawyers today to learn more.
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