If your loved one died unexpectedly because of negligence or recklessness, our injury lawyers could help you hold that person or entity liable. We help grieving families in Florida seek justice along with compensatory damages for the untimely loss of their loved ones.
Whether your loved one died in a Port St. Lucie car accident, because of medical malpractice, or due to another form of negligence, we will work to help you get justice for your family member’s wrongful death. Contact us today through our online contact form for a free legal consultation with a Port St. Lucie personal injury lawyer.
Filing a Wrongful Death Claim or a Wrongful Death Lawsuit
To help you and your surviving family members, our firm will file a wrongful death claim on behalf of your deceased loved one’s estate. Our attorneys have helped numerous clients throughout South Florida obtain compensation for their losses due to medical errors, nursing home abuse, hospital mistakes, auto accidents, construction site injuries, and other types of fatal accidents.
Speak To Compassionate Port St. Lucie Wrongful Death Lawyers
We understand the emotional toll you experience after losing a loved one. Our Port St. Lucie wrongful death attorneys provide compassionate legal advice during this trying time.
We strive to go the extra mile for our clients, answering your accident claim questions and responding to your emails and phone calls. We also keep you up-to-date regarding your case with frequent updates.
Resolving a legal claim cannot return your beloved family member. However, it may provide your family with the financial compensation required to move forward after an accident while offering you a sense of closure.
Types of Wrongful Death Accidents in Port St. Lucie
Many kinds of accidents can result in the loss of life in Port St. Lucie. Our team steps in to assist you if you have lost a loved one in a:
Vehicle Accident
Motor vehicle accidents occur throughout the Port St. Lucie area regularly. These may include:
- Automobile accidents
- Commercial truck accidents
- Motorcycle accidents
- Van collisions
- Bicycle accidents
- Construction vehicles
Accidents frequently become deadly when motorists engage in aggressive driving, drunk driving, distracted driving, change lanes without checking for other drivers, or otherwise operate their vehicles recklessly. We can investigate the causes of a motor vehicle accident for your family.
Medical Malpractice Accident
We all count on medical professionals to help us recover after we experience injuries or fall ill. However, doctors, nurses, and other healthcare practitioners can make mistakes while administering treatment, leading to wrongful death.
You can contact our legal team for assistance if your loved one’s healthcare provider:
- Misdiagnosed or took too long to diagnose their condition
- Made a mistake during a surgical procedure
- Prescribed the wrong medication or the wrong amount of the correct medication
- Administered anesthesia incorrectly
- Harmed your loved one while administering medical care
The above list contains only examples of acts of medical malpractice that could result in wrongful death. Contact us after any accident involving healthcare treatment.
Premises Liability Accidents
Premises liability accidents occur on public or private property. If someone is injured due to another person’s negligence, such as failing to maintain safe premises, they are entitled to seek damages from the negligent party.
Reach out to us if your loved one was fatally injured due to:
- Ice or other weather-related hazards outside a building
- Liquid spills inside a building
- Uneven or cracked flooring
- Hazards left in a pathway
- Construction accidents
- Cords or other objects left in a walkway
Properties that improperly light halls or fail to put up the railing on stairs can also end up liable for a slip and fall accident. Reach out to us today to learn more.
Determining Your Eligibility to File a Wrongful Death Claim
We can help you determine whether you have legal standing to seek compensation based on Florida’s Wrongful Death Statute.
Florida Statute 768.18 allows the following survivors who depended on the deceased for financial support, household services, or business services to pursue compensation for wrongful death:
- Spouse
- Children
- Parents
- Any blood relatives and adoptive brothers and sisters
- A child born out of wedlock from a mother (but not a child born out of wedlock from the father), unless the father pays child support
A personal representative for your loved one’s estate can file a wrongful death claim on behalf of the surviving family members interested in pursuing compensation. The court can appoint a personal representative if no one is in your loved one’s estate plan.
We can review the information left behind by your loved one to help you move forward with a claim.
Damages Beneficiaries Can Recover
When filing a wrongful death action, the state statute requires listing all survivors seeking compensation and their relationship to the decedent. We will ask which family members plan to seek compensation because survivors can pursue damages based on their relationship with the deceased.
For instance, each survivor can recover the value of lost support and services from the date of a loved one’s injury to their death with interest. They can also recover the future loss of support and services from the date of death.
Additionally, surviving family members can recover damages, including:
- Minor children lost parental companionship, instruction, guidance, and mental pain and suffering
- Medical expenses due to the decedent’s injury
- The decedent’s funeral expenses
- Loss of the decedent’s earnings from the date of injury to the date of death
We will estimate the compensation each surviving family member may be entitled to recover and negotiate the wrongful death claim to ensure that you and your family members receive the compensation to which you are entitled.
Investigating a Wrongful Death Claim
Florida’s Wrongful Death Act defines wrongful death as the “wrongful act, negligence, default, or breach of contract or warranty of any person.” A successful case requires collecting evidence proving elements in the statute.
For instance, if your loved one died in a car accident involving a semi-truck, we would collect evidence showing how a truck driver’s or the trucking company’s negligence or wrongful actions caused your loved one’s death. This evidence can include the following:
- A police report of the accident
- Eyewitness statements
- The truck driver’s daily driving log to determine how long the driver had been on the road
- The trucking company’s past violations of any state or federal rules or regulations
- Your loved one’s medical records
The type of evidence we collect will relate to how your loved one died. We’ll keep you informed of our progress as we work through our investigation, allowing you to stay up to date about the claim.
We also work with subject matter specialists, including medical experts and accident reconstruction experts. Their expertise further supports your wrongful death claim, helping you feel more confident.
How We Prove a Wrongful Death Claim
We use the evidence we collect to prove how the at-fault party’s negligence caused the wrongful death of your loved one. To prevail in our case, we must prove the following elements of negligence against the defendant and the defendant’s insurance company:
- Duty of care: The defendant owed you a duty to exercise reasonable care and not cause your loved one harm.
- Breach of duty: The defendant violated this duty of care.
Our accident lawyers are proficient in negotiating full and fair settlements with insurers who prefer to offer low settlements or no awards at all.
When insurance companies reject a compensation claim or believe the offer is not in our client’s best interests, we will consider filing a wrongful death lawsuit. We file lawsuits as a last resort to help surviving family members get the compensation they are entitled to by Florida law.
Time Limits for Wrongful Death Claim Filing
Florida’s statute of limitations imposes a deadline of two years within the date of your loved one’s death to file a wrongful death claim or personal injury lawsuit.
Unfortunately, if you do not file a case within that time, you will miss the opportunity to recover damages. Building a solid case takes time, so the sooner you contact us, the sooner we can start working on your case.
We Can Help You Recover Compensation for Your Port St. Lucie Case
The compassionate attorneys at the Law Offices of Anidjar & Levine have provided quality legal representation for decades. We give each case our personalized attention and protect our clients’ rights.
Our team of attorneys handles wrongful death cases and other personal injury cases on a contingency basis. This means you do not pay us unless we win a settlement for your case. Contact a personal injury attorney today.
We Can Help.
