If you lost a loved one to a fatal accident, you can seek justice on their behalf. A Tallahassee wrongful death lawyer with the Law Offices of Anidjar & Levine can assist you with an insurance claim or lawsuit.
Our Tallahassee personal injury legal team is here to help you through every step of your wrongful death action. We understand that money cannot bring your loved one back, but a settlement or verdict can relieve financial hardships caused by your family member’s injury and death.
What Is a Wrongful Death?
According to Florida Statutes § 768.19, a wrongful death results from another party’s “wrongful act, negligence, default, or breach of contract or warranty.” In general, if your loved one suffered an injury that would have warranted a personal injury claim or lawsuit had they lived, you can pursue a wrongful death case on their behalf. Wrongful death cases can stem from:
- Car accidents
- Medical malpractice
- Slip and fall accidents
- Truck accidents
- Construction accidents
- Defective medical devices
- Workplace accidents
- Motorcycle accidents
- Bicycle and pedestrian accidents
- Swimming pool accidents
- Nursing home abuse and neglect
- Dangerous products
- Childbirth injuries
- Boating accidents
Wrongful Deaths in Leon County, Florida
Nationwide, the Centers for Disease Control and Prevention (CDC) ranks falls, motor vehicle accidents, and poisonings as the top three causes of unintentional injury deaths. Unfortunately, these same injuries are among the leading causes of accidental fatalities in Leon County.
According to the Florida Department of Health, in 2020 in Leon County, there were 37 fatal falls, 42 accidental poisonings, 17 motor vehicle occupant traffic deaths, and nine fatal pedestrian accidents. If you believe your loved one sustained a fatal injury In Tallahassee due to someone else’s negligence, carelessness, or wrongful actions, our lawyers can tell you more about your legal options.
Who Can Pursue a Wrongful Death Lawsuit?
In some states, family members can file a wrongful death lawsuit directly. However, in Florida, the deceased’s personal representative, also known as an executor, must file the case on behalf of the estate and surviving family members. According to Florida Statutes § 768.21, the lawsuit must identify all potential beneficiaries, including the deceased’s surviving spouse, children, parents, or next of kin.
Wrongful Death Compensation
Wrongful death awards in Florida fall into two categories:
Awards on Behalf of the Estate
Your loved one’s estate can recover expenses related to your loved one’s fatal accident and injury, including:
- Medical treatment – Our attorneys can help you recover medical costs resulting from your loved one’s final injury or illness. Medical expenses may include doctor and hospital bills, emergency transportation services, surgeries, medications, long-term nursing care, hospice, and more.
- Funeral and burial costs – Funerals can cost thousands of dollars. We can pursue the cost of your loved one’s casket, services, urn, cremation, or burial plot.
- Lost income and inheritance – We can recoup your loved one’s lost wages, benefits, and earnings from the time of their injury until their death. We can also seek compensation for income, benefits, and savings the deceased would likely have earned and passed on had they lived.
Awards recovered by the estate are distributed equally among surviving beneficiaries.
Awards on Behalf of Surviving Family Members
If a surviving family member (not the deceased or their estate) paid for any of the above expenses, they can seek those damages. Additionally, survivors can pursue compensation for:
- Mental pain and suffering
- Loss of the deceased’s companionship and protection
- Loss of parental guidance and instruction
- Loss of the deceased’s support and services
How Can Our Tallahassee Wrongful Death Attorneys Assist You?
For more than 15 years, our attorneys have fought for clients injured due to negligence and wrongdoing. If you lost a loved one, let us take care of your case so that you can focus on your family and get your life back on track. Our team can:
Investigate Your Loved One’s Accident
We will look into your loved one’s fatal accident to determine the cause and who bears liability. We can:
- Visit the scene of the accident to collect physical evidence and take photographs
- Identify and interview eyewitnesses
- Track down any available cell phone or surveillance video
- Work with crash reconstruction experts
- Draft and send spoliation letters to preserve evidence
- Obtain official police and accident reports
- Obtain medical records and consult with your loved one’s physicians (with your permission)
File Your Insurance Claims or Lawsuits
If the responsible party has applicable insurance coverage (such as a homeowner’s or auto liability policy), we can seek damages through an insurance claim. However, your best course of action may be to file a wrongful death lawsuit. According to Florida Statutes § 95.11(4)(d), you have two years from your family member’s death to file an action in civil court.
However we can best achieve compensation, our team will handle the details. We will file your paperwork, track your deadlines, represent you during negotiations, and communicate with insurance agents and opposing counsel.
Fight for Fair Compensation At No Upfront Cost to You
We want to help you seek justice for your loved one and recover the awards your family needs and deserves. We do not want our assistance to increase your financial burden or add to your stress. Therefore, we take cases on contingency, meaning we charge nothing upfront, and we only collect a fee if we win your case.
We will never leave you in the dark when you work with us. You will receive regular case updates, timely responses to your phone calls and emails, and clear and direct answers to your questions. We even provide you with your attorney’s cell phone number.
Call the Law Offices of Anidjar & Levine Today
At the Law Offices of Anidjar & Levine, client service is at the center of everything we do. Our attorneys can guide you through your claim or lawsuit so that you can focus on healing from your loss. To learn more about how our Tallahassee wrongful death lawyers can serve you and your family, call our offices for a free consultation.
We Can Help.
