If you lost a loved one due to a car accident in St. Petersburg, you could recover compensation for your losses through a wrongful death claim or lawsuit. The Law Offices of Anidjar & Levine can prove the cost of your damages, the cause of your loved one’s passing, and the involved parties.
Our St. Petersburg fatal car accident lawyer can handle the legal obligations that go into completing your case. You may be able to take action under the state’s wrongful death statute of limitations. You can learn more during a free case review with us today.
Filing a Wrongful Death Lawsuit In Florida
If your loved one died in a car accident that happened due to someone else’s negligence, you should consider taking legal action. Our team can evaluate your situation and determine if you can bring forth a claim or lawsuit.
Here are some things that you should be aware of:
The State’s Wrongful Death Statute of Limitationsa
In general, surviving victims of car accidents have four years to file a personal injury lawsuit in Florida. However, this timeline is reduced to two years for wrongful death lawsuits, as per Florida Statute § 95.11(4)(d). The time starts ticking down on the day of your loved one’s death.
There can be some rare exceptions, however, so if it has already been more than two years since your loved one died, our lawyer can help determine whether you could still file suit.
Who Can File a Wrongful Death Lawsuit In Florida
In Florida, the following close relatives are typically able to file a wrongful death claim or lawsuit:
- The surviving spouse
- Any children of the decedent
- The decedent’s parents
- A court-appointed personal representative
- A relative dependent on the deceased’s support
In certain circumstances, other individuals may file a wrongful death action. Our car accident attorney can advise you on whether you can take legal action.
Proving Negligence In a Fatal Car Accident
Not all fatal accidents qualify as wrongful death cases. In order to have a case, a fatal car accident must be caused by another party’s negligence. Accidents that could qualify for wrongful death actions can potentially arise due to various circumstances, including:
Driver Negligence
About 94 percent of all motor vehicle accidents happen due to a critical driver error, according to the National Highway Traffic Safety Administration (NHTSA).
Driver errors can happen as a result of negligent behaviors and acts, including driving intoxicated, texting while driving, ignoring traffic signs and signals, and others. If your loved one died due to a dangerous or reckless driver, you could have legal recourse.
Negligence Of a Local Government Body
Occasionally, fatal accidents occur due to bad road maintenance or faulty road construction. If your loved one came to harm in an accident due to a large pothole or another road defect, you could have a claim against a local government entity or a company that worked on the road. These types of claims can be tricky, however. Call us now to learn more.
Negligence Of a Car Manufacturer Or Parts Manufacturer
If a defective vehicle or defective car part caused your loved one’s fatal car accident, you could hold a car manufacturer or car part manufacturer to account. However, your case might involve complex technical investigations and the opinion of expert witnesses. Our St. Petersburg fatal car accident lawyer can help investigate such claims and provide the necessary experts required.
However, in all of these potential scenarios, the onus will be on the injured party to prove negligence with concrete evidence. In some cases, this can be a mammoth task, particularly when an injured party is up against a local authority or powerful global car manufacturer.
Even accident cases that seem straightforward at first glance still require evidence. Our lawyer knows where to find proof of negligence and can help collect the evidence for your case. Our attorney can also present your case in court.
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Damages In Fatal Car Accident Cases
Losing a loved one unexpectedly can be traumatic and devastating for survivors. However, a family member’s death can also cause unprecedented financial struggles for those left behind, especially if they relied on the deceased’s income. Receiving full and fair compensation can be critical for the family.
Damages that survivors can pursue with a wrongful death claim or lawsuit can include but are not limited to:
- Loss of companionship
- Loss of parental guidance
- Funeral and burial expenses
- Pain and suffering of the deceased before death
- Medical expenses of the deceased before death
- Loss of income and benefits from the deceased
- Loss of inheritance
We Can Help You Pursue Compensation
Our compassionate team here at the Law Offices of Anidjar & Levine understands how much of a blow the loss of a loved one can be emotionally and financially.
While we cannot bring back your loved one, we are determined to help families recover compensation that frees them from financial struggles that can arise from their loved one’s untimely death.
Losing someone you love is hard enough. If someone else’s negligence and careless actions caused your grief and heartbreak, they should be accountable and compensate you adequately for your losses.
We work on a “no win, no fee” basis, so you do not need to worry about additional financial strains when partnering with us. Our track record includes helping countless victims of motor vehicle accidents get their due, and we could fight for you and your family, too.
Call the Law Offices of Anidjar & Levine today for a free case review at 1-800-747-3733.
