A loved one’s unexpected death can be one of the most challenging experiences you and your family may face. When you learn that the accident was preventable, you may have many questions and concerns about your losses. You also may wonder whether you have legal recourse against those who caused the death.
A Cape Coral wrongful death lawyer from the Law Offices of Anidjar & Levine can help answer your questions, calm your concerns, and explain your options so that you have a clear picture of your rights moving forward.
When the other party’s negligent or reckless behavior causes a loved one’s death, immediate family members can benefit from a wrongful death action against those responsible for the death. This civil lawsuit may result in compensation for the losses of the surviving family members. It also can serve to hold parties accountable for their wrongful behavior.
By calling the Law Offices of Anidjar & Levine today, you can find out whether filing a wrongful death action is an option for you and your family.
We Can Help You File a Wrongful Death Claim
Under Florida Statute § 768.20, the personal representative of the estate of the deceased can bring a civil wrongful death lawsuit on behalf of the surviving immediate family members and heirs of the deceased, including:
- Spouses
- Children
- Parents
A Cape Coral personal injury lawyer from our law firm can build the case for your family so you can focus on grieving your loved one.
A personal representative is often designated in a will and may or may not be a close family member. When the deceased leaves no will, the probate court will appoint a personal representative to administer the estate and pursue a wrongful death claim.
Defining Wrongful Death
Under Florida Statute § 768.19, wrongful death is when a person’s negligent, careless, or intentional act results in someone else’s death.
If the deceased would have survived to file a personal injury lawsuit against the responsible parties for injuries suffered in an accident, then the surviving immediate family members can benefit from a wrongful death action if their loved one’s injuries prove fatal.
A wrongful death claim can punish wrongdoers by making them pay damages, and a lawyer from our firm can help you do so. Call us today at 1-800-747-3733 for your free, no-obligation case evaluation.
Damages in Wrongful Death Claims
Florida Statute § 768.21 lays out the different types of damages or forms of compensation that surviving family members can seek in a wrongful death action.
Damages Family Members Can Receive
As a Cape Coral wrongful death lawyer from our firm would advise you, family members can claim some kinds of general damages, but other damages are limited to those family members with specific relationships to the deceased.
Some common forms of damages in a wrongful death claim may include:
- Last medical expenses for the deceased
- Funeral and burial expenses
- Pain and suffering that the deceased experienced before death
For example, all eligible family members can recover the value of lost support and services from the date of the injuries to the death of their loved one. They also can recover the value of lost future support and services from the date of death, reduced to present value.
The value of future support and services, however, depends on:
- The relationship between the family member and the deceased
- The amount of income from the deceased that the family member would have received
- The replacement value of the services that the deceased would have provided.
Damages a Surviving Spouse Can Receive
A surviving spouse of the deceased also may seek damages for:
- Loss of companionship
- Loss of protection
- Mental pain and suffering from the date of the injury
Damages the Decedent’s Children Can Recover
The decedent’s children can recover compensation for the following:
- The loss of parental companionship, instruction, and guidance
- Mental anguish
- Pain and suffering from the date of the injury
If deceased adults have no other surviving family members, their parents may be eligible to receive damages in a wrongful death claim.
Time Limit on Wrongful Death Claims
Laws in all states place time limits on the ability to seek damages through wrongful death claims. If you fail to file a claim within the relevant time frame, you may be unable to pursue any compensation, no matter how negligent or reckless the other party was in causing your loved one’s wrongful death. You also will be unable to hold that party accountable for their wrongful actions.
Under Florida Statute § 95.11(4)(d), you generally have only two years from the date of your loved one’s death to file your wrongful death claim in court. Failure to file your suit on time can result in your case’s dismissal.
As a result, getting legal advice from our team about your options as quickly as possible following the death of your loved one is wise.
How We Provide Responsive Legal Care
A Cape Coral wrongful death lawyer from our law firm can review the circumstances that led to the wrongful death and explain your available options for legal relief.
You can learn about the steps necessary to pursue a wrongful death claim and get the guidance that you need during this challenging time in your life. While you focus on the grief and recovery process, we can handle the rest.
The attorneys at the Law Offices of Anidjar & Levine will look at all aspects of your case and work to properly value the losses you and your family have suffered from losing your loved one. We will look for all potential sources of compensation for your losses.
Call us today and get started on the process of holding negligent persons and companies accountable for their behavior.
We Can Help.
