If you’ve lost a loved one in an accident due to someone else’s negligence, you’re likely feeling overwhelming pain and uncertainty about what to do next. Our Palm Valley wrongful death accident lawyer has helped many Florida families seek justice and fair compensation during such difficult times.
Our dedicated team at Anidjar & Levine is here to guide you at each step and ensure that you aren’t taken advantage of. We’ll serve as a trusted legal advocate, protecting your rights and helping you move forward. If you need guidance on a wrongful death claim, reach out to a Palm Valley personal injury lawyer.
Understanding How Wrongful Death Claims Work in Palm Valley
When a loved one’s life is cut short due to someone else’s negligence or wrongdoing, the grieving process can be overwhelming, and the road to seeking justice may seem intimidating without a legal professional. Allow us to explain the legal subtleties of Florida wrongful death claims.
A wrongful death claim is a civil lawsuit that seeks compensation for the losses you’ve suffered due to someone else’s actions. You may be eligible to file a claim if you’re the spouse, child, or parent of the deceased. In some cases, other family members or even the estate of the deceased may also be eligible.
There is a limited time frame by which you must file your wrongful death claim; in Florida, it’s two years from the date of your loved one’s passing. Failing to file within the statute limitations can result in the loss of your right to seek compensation.
Working with an experienced wrongful death accident lawyer can guarantee that you meet the necessary deadlines.
Most Common Causes of Wrongful Death in Palm Valley
If you’re wondering what led to the tragic event, our attorneys will launch an investigation to provide clarity. Unfortunately, it is common for wrongful death claims to derive from the following scenarios:
Medical Negligence Claims
Medical professionals are expected to provide a certain standard of care to their patients, but sometimes, they fail to meet this expectation, leading to devastating consequences. As a result, you may find yourself dealing with the loss of a loved one due to medical negligence. Medical malpractice can take many forms, including:
- Misdiagnosis: A doctor error that leads to a delayed or incorrect diagnosis, resulting in inadequate or harmful treatment.
- Medication errors: Prescribing the wrong medication or dosage causes harm or even death to the patient.
- Surgical errors: This entails mistakes made during surgery, such as leaving surgical instruments inside the body or performing the wrong procedure.
- Birth injuries: Negligence during childbirth, like a doctor failing to respond to fetal distress, could result in a fatality.
Fatal Car Accidents
Car accidents are a leading cause of wrongful death, claiming thousands of lives every year. Fatal roads exist in every state, and Palm Valley, FL, is no exception. From busy highways to quiet neighborhood streets, the risk of a fatal accident is always present.
If you’ve lost a loved one due to medical negligence, a car accident, or a workplace accident, you may be entitled to compensation. A Palm Valley wrongful death accident attorney can turn your grief into action and fight for your family’s loss.
Who Can File a Florida Wrongful Death Lawsuit
If you’re considering filing a wrongful death lawsuit in Palm Valley, FL, it’s worth knowing who is eligible to file and collect a wrongful death settlement. Typically, immediate family members, such as spouses, children, and parents, have the right to file a lawsuit. Additionally, dependent family members and estate representatives may also be able to file a claim.
In Florida, the following parties can file a wrongful death lawsuit:
- Surviving Spouse: The surviving spouse of the deceased has the primary right to file a claim.
- Children: If there is no surviving spouse, the deceased’s children can file the lawsuit. If the children are minors, a guardian may need to be appointed.
- Parents: When the deceased is a minor, the parents can file a wrongful death claim.
- Personal Representative: If none of the above survivors exist, or if the deceased had a will naming a personal representative, that individual can file the lawsuit on behalf of the estate and survivors.
Confer with a Palm Valleywrongful death accident lawyer to determine the best course of action for your specific situation. We can help you understand your rights and guide you through the legal process, ensuring you receive the reparation you deserve.
Damages in Wrongful Death Cases
In a Florida wrongful death lawsuit, various types of damages can be claimed, including:
- Medical expenses incurred before death
- Funeral and burial costs
- Lost wages and benefits the deceased would have earned
- Pain and suffering of the surviving family members
- Loss of companionship and emotional support
- Loss of parental guidance for children
- Loss of Consortium: This specifically addresses the loss of companionship, affection, and support that a surviving spouse may experience.
- Punitive Damages: In cases of gross negligence or intentional wrongdoing, punitive damages may be awarded to punish the responsible party and deter similar conduct in the future.
- Survival Action Damages: These are damages that the deceased could have claimed had they survived, such as pain and suffering experienced before death.
How Our Palm Valley Wrongful Death Accident Lawyers Investigate the Accident Scene
Upon filing a claim, your wrongful death accident lawyer will likely conduct a thorough investigation of the accident scene to gather essential evidence and build a strong case. This investigation is pivotal in understanding the circumstances surrounding the accident and identifying potential liabilities.
The investigation process involves a meticulous examination of the accident scene to collect and preserve evidence. This may include:
- Accident recreation: Reconstructing the accident to determine the sequence of events and identify potential contributing factors.
- Evidence preservation: Collecting and preserving physical evidence, such as vehicle debris, skid marks, and other relevant items, to prevent loss or destruction.
- Witness statements: Interviewing witnesses and obtaining their statements to gather additional information about the accident.
- Photographic and video documentation: Taking photographs and videos of the accident scene to provide visual evidence.
Successful Ways of Proving Negligence in Court
To prove negligence in a Florida court, you’ll need to present a solid case that demonstrates the defendant’s breach of dutycaused the accident. This requires gathering and presenting evidence that meets the burden of proof, which can be a challenging task.
You’ll need to show that the defendant had a duty of care, breached that duty, and that the breach caused the accident and subsequent injuries or death.
Expert testimony can be helpful in establishing the defendant’s breach of duty. For example, a medical expert can testify about the severity of the injuries and whether the defendant’s actions caused them. Anticipate the defendant’s arguments and be prepared to counter them with the legal help of a skilled wrongful death attorney in Palm Valley.
Seeking Justice After a Devastating Loss
If you’ve experienced a heartbreaking loss from an unexpected death, it’s time to consider seeking justice. With the support of Palm Valley wrongful death accident lawyers from Anidjar & Levine, you can hold those responsible accountable and pursue the compensation you deserve.
We’re here to help you understand your rights and build a strong case, ensuring that the parties at fault face the consequences of their actions. If you’re ready to take the next step, reach out to us today for a free consultation. Our dedicated team will work tirelessly on your behalf.
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