Losing a loved one is one of the most difficult experiences a person can go through. When someone else’s wrongful actions cause a family member’s death, you may have a legal right to seek justice. A wrongful death lawyer in Fort Lauderdale, FL, can help.
The South Florida lawyers at the Law Offices of Anidjar & Levine understand how you feel after a family member dies due to another person’s negligence. We represent clients in a variety of accident and malpractice claims. Our civil litigation team can determine if you have a wrongful death case and help you seek compensation for your tragic loss.
If you have a valid claim, we can represent you contingently. That means you only pay our legal fees if we recover compensation for your losses.
You can call the Law Offices of Anidjar & Levine at 1-800-747-3733 to schedule your free consultation. You may have a limited time to act, so meet with our Fort Lauderdale personal injury lawyers today.
Which Family Members Can Bring a Wrongful Death Suit in Florida?
The Florida Wrongful Death Act requires the personal representative of the deceased person’s estate to file the lawsuit for the benefit of decedent’s survivors. Any of the following family members of the decedent could recover damages through a wrongful death claim:
- A spouse;
- Children;
- Parents;
- Blood relatives or adoptive siblings who were dependent on the decedent;
- Children born out of wedlock to a mother; and
- Children born out of wedlock to a father who had recognized responsibility for the child.
The personal representative must bring the claim to recover damages for these parties. Often, the deceased’s last will—or the court handling their estate administration—will determine your loved one’s representative.
Even if you are a relative who was not financially dependent on the decedent, you may still be eligible to receive damages. If your family member cared for you and you must hire someone to take their place, for example, you might qualify for compensation for this loss.
Compensable Damages in a Wrongful Death Lawsuit
You may be able to recover several types of damages when a loved one dies due to someone else’s negligence. Our wrongful death attorneys can help you estimate your damages, which will depend on many different factors under Florida state law.
You may be able to seek compensation for any of the following damages in a wrongful death lawsuit:
- Loss of support and services, depending on how much support or services the decedent provided you, their net income, your life expectancy, and the decedent’s life expectancy;
- Loss of companionship and protection—as well as compensation for mental and emotional suffering—for the surviving spouse;
- Loss of parental companionship, guidance, and instruction, as well as damages for mental and emotional suffering for surviving minor children;
- Parents of a minor child who dies may recover compensation for mental and emotional suffering;
- Parents of an adult child may recover from mental and emotional suffering, but only if there are no other survivors, such as a spouse or child; and
- A family member who pays for the medical or funeral expenses of the decedent may recover these costs.
In addition, the decedent’s estate can recover several types of damages. This can include the expected value of the decedent’s lifetime wealth accumulation if they lived to their normal life expectancy. Property of the estate will generally pass to the heirs named in their will unless creditors of the estate have a right to this property.
Some of these damages have a specific dollar value, such as the cost of medical expenses. Other damages, such as compensation for pain and suffering, can fluctuate widely. After we investigate your case, we can offer you a better idea of the damages you might be able to recover through a wrongful death claim. It is important to note that these amounts can vary depending on settlement negotiations or what a jury decides in a lawsuit.
Understanding Wrongful Death Laws in Fort Lauderdale
Losing a loved one is an emotionally devastating experience, and when that loss is due to someone else’s negligence or wrongful actions, the pain can be even more profound. In Fort Lauderdale, wrongful death laws are designed to provide a legal avenue for surviving family members to seek compensation for their losses. Under Florida’s Wrongful Death Act, a wrongful death occurs when the wrongful act, negligence, default, or breach of contract or warranty of another party cause a person’s death. This legislation allows the decedent’s estate and certain family members to pursue a civil lawsuit against those responsible, aiming to alleviate the financial burdens that accompany such a tragic event.
Who Can File a Wrongful Death Claim in Florida
In Florida, the right to file a wrongful death claim is reserved for the personal representative of the deceased person’s estate. This representative is often named in the deceased’s will or estate plan; if not, the court may appoint someone. The lawsuit is filed on behalf of the deceased’s survivors, who may include:
- Spouse: The surviving spouse has the primary right to recover damages for loss of companionship and protection.
- Children: Minor children (under 25) can claim damages for lost parental companionship, instruction, and guidance, as well as pain and suffering.
- Parents: If the deceased was a minor child, parents may recover damages for mental pain and suffering.
- Other Relatives: Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services may also be eligible.
Understanding who qualifies as a survivor is crucial, as it determines who can benefit from any compensation awarded.
Types of Compensation Available in Wrongful Death Cases
Compensation in wrongful death cases aims to address both the economic and non-economic losses suffered by the survivors and the deceased’s estate. Survivors may be entitled to recover damages for:
- Medical Expenses: Costs incurred for medical care prior to death.
- Funeral and Burial Costs: Reasonable expenses for laying the deceased to rest.
- Loss of Support and Services: The value of support and services the deceased would have provided.
- Loss of Companionship: Emotional suffering due to the loss of a loved one’s companionship and guidance.
- Pain and Suffering: Mental anguish experienced by the survivors.
- Lost Earnings: Wages, benefits, and other earnings the deceased would likely have contributed.
The deceased’s estate may also recover:
- Lost Net Accumulations: Potential savings and investments the deceased would have amassed.
- Medical and Funeral Expenses: If paid by the estate directly.
Calculating these damages accurately is complex and often requires the expertise of economists and other professionals to ensure fair compensation.
Statute of Limitations for Wrongful Death Claims in Florida
Time is a critical factor in wrongful death cases. Florida law imposes a two-year statute of limitations from the date of death to file a wrongful death lawsuit. Missing this deadline typically results in the court dismissing the case, regardless of its merits. There are rare exceptions where the statute of limitations may be extended, such as cases involving fraud or when the cause of death wasn’t immediately apparent. Consulting with a wrongful death lawyer as soon as possible is essential to preserve your legal rights and promptly meet all procedural requirements.
How a Fort Lauderdale Wrongful Death Lawyer Can Help You
Navigating the legal complexities of a wrongful death claim while grieving can be overwhelming. A Fort Lauderdale wrongful death lawyer can provide invaluable assistance by:
- Conducting a Thorough Investigation: Gathering evidence to establish liability, including police reports, witness statements, and expert testimonies.
- Handling Legal Procedures: Managing all paperwork, filings, and court appearances, ensuring compliance with legal protocols.
- Calculating Damages: Accurately assessing both economic and non-economic losses to seek full compensation.
- Negotiating with Insurance Companies: Advocating on your behalf to negotiate fair settlements, countering attempts to minimize your claim.
- Providing Emotional Support: Offering compassionate guidance throughout the legal process, allowing you to focus on healing.
By leveraging their legal expertise, a wrongful death lawyer works to hold the responsible parties accountable and secure the financial resources you need to move forward.
How to Begin Seeking Compensation for a Wrongful Death
Florida’s statute of limitations gives you only two years to file a wrongful death lawsuit. If you wait too long, you may lose your legal right to seek compensation.
You can begin by asking for a free consultation with a member of our legal team. We would need to know more about your situation and find out if you have a basis to bring a lawsuit.
We can evaluate your case to determine if another party’s negligence may have caused your loved one’s death.
Many different actions can be negligent, including:
- Medical malpractice;
- Fort Lauderdale car accidents
- Liability for making a defective product; and
- Criminal activities.
We can file a claim with the at-fault party’s insurer if you have a case. We can often engage the insurer in settlement negotiations and attempt to reach a fair settlement to compensate for your injuries. If we cannot agree to terms on a settlement, our litigation team can file a wrongful death lawsuit and take your case to trial.
Contact a Wrongful Death Attorney in Fort Lauderdale
Let the wrongful death attorneys at the Law Offices of Anidjar & Levine evaluate your case during a free initial consultation. If we decide to take your case, we will represent you on a contingency basis. This means you will not have to pay any legal fees unless you receive compensation.
We help clients throughout Florida seek compensation for injuries, including the loss of a loved one. Call us at 1-800-747-3733 to schedule a free case evaluation at our Fort Lauderdale office.
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