Losing a loved one is difficult enough, but when someone else’s negligence caused the death of someone you love, it can feel especially difficult. You are left to cope with the grief, financial hardship, and the unsettling feeling that it didn’t have to happen. You may also be unsure of what to do next.
In this situation, you may be able to file a wrongful death claim and recover compensation from the negligent party with the help of a Fernandina Beach wrongful death lawyer. The Law Offices of Anidjar & Levine can help you take back control of your life and obtain justice for your loved one.
Call our Fernandina personal injury lawyers today for a free consultation. We can answer all your questions and inform you of your rights in Florida.
Trust Our Fernandina Wrongful Death Legal Team To Support You
Our Fernandina wrongful death lawyers understand how powerful it is to have a strong and compassionate legal support team behind you as you cope with the most challenging time of your life and face a legal battle.
Since opening in 2005, we’ve obtained compensation for thousands of injury victims and families—money they needed to pay for medical bills, proper funeral arrangements, and living expenses.
It’s not just about the money we can recover. While fighting for you, we want to ease your burdens as much as possible, so we commit ourselves to:
- Being accessible, ensuring you can reach your attorney by their direct cell phone number anytime
- Answering all your questions honestly and thoughtfully
- Returning all your calls, texts, or emails promptly
- Sending out regular updates on your case
We know just how difficult this time is, and it’s our mission to relieve you of some of your burdens. We know that nothing will ever truly make up for this devastating loss, but your and your family deserve justice for these negligent actions.
What Types Of Damages Are Family Members Entitled To In A Wrongful Death Case?
Under Florida Statute § 768.21, surviving family members can claim the value of losses related to their relationship with the decedent. The law takes into consideration both the economic and emotional toll a death can leave on the surviving loved ones. A Fernandina wrongful death attorney at our firm can help you recover damages such as:
- Present and future loss of financial support
- Present and future loss of services
- Funeral and burial costs
- Lost companionship
- Lost protection
- Lost guidance and instruction for minor children
- Mental pain and suffering
- Medical expenses paid on the decedent’s behalf
To determine the damages, we evaluate factors that could include the decedent’s probable net income, the life expectancy of the surviving loved one, the replacement value of the decedent’s services, and the remaining period of minority for a child. No two cases are exactly alike; therefore, the specific types of damages and the amount of compensation you receive for a wrongful death will differ from other clients.
Which Family Members Can Recover Compensation In A Fernandina Wrongful Death Case?
There are some restrictions on who can claim losses in a wrongful death lawsuit in Florida. Per Florida Statute § 768.18, the following are qualifying survivors in a wrongful death case:
- Decedent’s spouse
- Children (biological or adopted)
- Parents
- Blood relatives and adoptive brothers and sisters who were partly or wholly dependent on the decedent for support or services
Relatives who did not strictly rely on the decedent for financial support but depended on them for care may also qualify for damages. However, only the decedent’s personal representative can file the lawsuit in Florida. The personal representative files on behalf of the decedent’s estate and/or loved ones, and the money recovered is distributed according to the damages owed to the surviving members.
Call the Law Offices of Anidjar & Levine if you have any questions regarding your eligibility to recover compensation after the death of a loved one.
How to Know If You Have A Wrongful Death Claim
Florida’s Wrongful Death Act specifies that a wrongful death occurs when the wrongful act, negligence, default, or breach of contract or warranty of one person leads to the death of another. This applies to individuals, companies, and cases against the government, with certain limitations in the latter situation.
Our wrongful death lawyers serving Fernandina, FL, often see cases that arise out of negligence or the defendant’s failure to use reasonable care in performing their duties. For instance, a fatal car accident in which the liable driver ran a stop sign, drove drunk, or texted while driving would stem from negligence.
When proving negligence, our wrongful death lawyers must show that the other party had a duty to your loved one and then violated this duty. This could mean that they failed to obey traffic laws or did not remove a hazard from a property. We must then show that the actions of this other party were the direct cause of your harm, and that you suffered injuries and other losses because of their actions.
Our Fernandina Wrongful Death Attorneys Can Help You Meet the Filing Deadline
Wrongful death cases have a two-year statute of limitations under Florida Statutes § 95.11. If a lawsuit is not filed within two years of the date of death or discovery of wrongful death, you could lose the right to recover compensation from the liable party.
The Fernandina wrongful death attorneys on our team will work diligently to ensure we prove negligence took place, structure your case for maximum compensation, and file it before you run out of time.
Contact Us For A Fernandina Wrongful Death Lawyer Who Will Fight For You
The Law Offices of Anidjar & Levine are here to fight for your family and support you as you pursue justice for your loved one. A Fernandina wrongful death lawyer at our firm will take your case with no out-of-pocket attorneys’ fees. If we don’t win for you, you don’t pay. Call today for your free consultation.