Losing a loved one often results in significant life changes, both emotionally and financially. If another party’s negligent actions caused the death of your loved one, you may be eligible to file a wrongful death claim. A wrongful death lawyer in Florida can help you navigate this difficult process.
Call the Law Offices of Anidjar & Levine for a free consultation whenever you are ready: 1-800-747-3733.
What to Expect from a Wrongful Death Claim
While our attorneys will handle all aspects of your claim from start to finish, it is helpful for you to know what to expect.
The Situation Must Meet Specific Criteria to Qualify as Wrongful Death
To establish wrongful death, Florida law requires the proof of negligent actions.
For example, if someone got behind the wheel while intoxicated and caused the accident that killed your loved one, that would likely constitute wrongful death.
Not Everyone Can File a Wrongful Death Claim
Only a personal representative can bring a wrongful death claim. The following parties can benefit from the claim:
- Surviving spouses
- Children (both legally adopted and biological)
- Parents
- Additional biological or legally adopted relatives may be eligible
The estate of the decedent can also benefit.
You Have a Short Amount of Time to File a Claim
The Florida statute of limitations for wrongful death is two years after the date of the death. This means you must file a lawsuit within those two years or risk losing your right to recover compensation. Some circumstances can extend this general statute of limitations, but those situations are rare.
It is imperative that you discuss your legal options early on in the process to protect your right to compensation.
Types of Damages Recoverable in a Wrongful Death Claim
We understand the financial and emotional effects of losing a loved one. We will assist you in seeking compensation to help ease the burden. Florida is very specific regarding the types of damages that a beneficiary can collect in a wrongful death claim.
The types of damages depend on the beneficiary.
Surviving Spouse
A surviving spouse can recover any of the following:
- Loss of support and services
- Loss of companionship and protection
- Emotional pain and suffering
- Medical expenses
- Lost wages
- Lost earning capacity (known as probable net income)
Children
Children are entitled to:
- Lost parental companionship, instruction and guidance (only for minor children unless there is no surviving parent)
- Emotional pain and suffering
Parents of a Minor Decedent
Parents of a child who suffered a wrongful death may be entitled to emotional pain and suffering.
The Decedent’s Estate
The personal representative can recover the decedent’s lost wages from the date of the injury to the date of death.
How We Can Assist With Your Wrongful Death Case
Confidential and Complimentary Consultation
We understand the need for confidentiality in a wrongful death case. The confidential and complimentary consultation is a great way for you to get to know our compassionate legal team and to learn more about what to expect when filing a wrongful death claim. This consultation also allows us to learn more about your family and your case and to take the necessary next legal steps.
Prove Liability
The state of Florida requires a death to result from another party’s negligence or intentional act for it to be wrongful. Some examples of negligence that might lead to a wrongful death claim include:
- Distracted driving
- Driving under the influence
- Work-related accidents
- Medical malpractice cases
This, however, is not a complete list and a wrongful death claim may be valid in any situation where negligence occurred. We will work to collect the necessary proof that the duty of care was present, and that wrongdoing occurred. This is one of the most crucial steps in the wrongful death legal process.
Prove Your Damages
In addition to proving liability, it is also vital that we demonstrate the significant life changes that are likely to occur from the wrongful death. We will assist you in collecting the necessary supporting documentation that is necessary to establish that a loss of income or support occurred. Important documents might include income statements, tax filings, expert witness reports, mortgage loans, and personal witness statements.
Evaluate Complex Cases
Every case is different, and this can make the wrongful death lawsuit process complicated. Unclear familial dynamics like adoptive families and unmarried parents can further complicate the process. Additionally, there may be concerns involving the statute of limitations. Our attorneys are familiar with Florida laws and can assist you in taking the appropriate steps in filing a lawsuit.
Negotiate Settlement
In many cases, you will receive a settlement offer from the negligent party or their insurer. Settlements have many advantages including less time in court, a faster payout, and reduced court fees. However, if you and your family do not feel that the settlement appropriately covers your losses; we are prepared to take the lawsuit to trial.
Call a Wrongful Death Lawyer in Florida Today
Losing a loved one is never easy. However, when you rely on that person for financial and emotional support, the loss can be even more challenging to overcome. We are here to help you receive the compensation that you deserve. Call our injury attorneys at The Law Offices of Anidjar & Levine at 1-800-747-3733.
We Can Help.
