If you have lost a family member due to someone else’s negligence, you might be entitled to compensation. A financial settlement cannot bring your loved one back, but it could provide a measure of justice from the responsible party.
A Hialeah wrongful death lawyer from the Law Offices of Anidjar & Levine could help you pursue legal action and recover compensation for that hardship.
When is a Death Considered “Wrongful?”
According to Florida Statutes § 768.19, a death is considered wrongful if it results from a negligent or wrongful act, default, or breach of contract of any person. The right to pursue a wrongful death lawsuit depends on whether the deceased would have had the right to pursue a personal injury case had they survived.
Wrongful death cases can result from a variety of circumstances. They frequently involve car, truck, or motorcycle accidents. In February 2020, one person even died from a three-car accident on Red Road and West 4th Avenue in Hialeah.
Other examples of wrongful death might be medical malpractice, slip and fall injuries, or exposure to dangerous substances.
The Right to File a Wrongful Death Lawsuit
The law in Florida requires that the personal representative of the decedent’s estate file the lawsuit on the estate’s behalf.
When the Decedent Has a Will
When a person has a last will and testament, the document can nominate a specific person to serve as a personal representative. If that individual agrees to serve as a personal representative, they are the only person with the right to file a wrongful death lawsuit.
If the Decedent Prepared a Will
However, not everyone dies with a will, and not every will identifies a personal representative. What’s more, not every person nominated will be willing or able to serve in that position.
If the personal representative named in the will passes away before the decedent or is not in a condition where they are able to undertake the role, it is up to a judge to select someone else to fill the position.
While the right to bring the lawsuit resides with the personal representative of the estate, the proceeds of these lawsuits are intended for the surviving family members. What’s more, it is the duty of the representative to name all of the beneficiaries in the lawsuit.
OUR CONSULTATIONSARE FREE
START YOUR FREE CASE REVIEW
The Time Limit to File a Wrongful Death Lawsuit
As is the case with any lawsuit in Florida, there is a legal deadline that applies to wrongful death lawsuits. This deadline – referred to as the statute of limitations – can be a major pitfall if not complied with. When the personal representative files a wrongful death lawsuit after the deadline expires, the court is typically required to dismiss the case forever.
The statute of limitations in wrongful death cases is governed by Florida Statutes § 95.11(4)(d). According to the statute, the personal representative generally has two years from the date of the death to file the lawsuit. While there can be exceptions to this rule, you should never assume they apply to your case without first speaking with an attorney from our firm.
How the Law Offices of Anidjar & Levine Can Help
There are many steps that go into a wrongful death lawsuit. Even if you are not identified as the personal representative for your loved one’s estate, you could seek legal counsel to help you protect your rights. In either case, there are numerous ways our attorneys could help with a wrongful death lawsuit.
Operating on a Contingency Fee
When we take you under our wing, we will work for you at no cost up front, out of pocket, or hourly. Instead, our payment comes directly from your settlement or court award.
We will discuss the percentage we will take at the beginning of your case, so there won’t be any surprises down the line. Should we be unable to win a recovery for you, we will not charge you.
Launching an Investigation
When we take on a wrongful death case, we begin with a thorough investigation. It involves reviewing accident or police reports and speaking with witnesses. We can also compile medical records, bills, insurance policy information, and other important documents related to your loved one’s passing. Piecing together what happened is an important step in pursuing justice for your loved one.
Once we have an understanding of the facts, we can work to identify the responsible party. Whether that individual acted intentionally or if the death was an avoidable accident, we could hold them accountable with a civil lawsuit.
Negotiating on Behalf of You and Your Family
Once a case for liability has been developed, our team can work to determine the worth of your case by assessing your damages, which could be:
- Medical bills
- Pain and suffering
- Funeral and burial
- Lost income or support
- Loss of consortium
We will then negotiate a settlement or take the case to trial. Our firm will do the work of preparing your case for trial and simplifying the process for you as much as possible.
Going the Extra Mile for Our Hialeah Wrongful Death Clients
At the Law Offices of Anidjar & Levine, we give all our clients responsive legal care. That is, while you spend time with your family after suffering such a tragic loss, we will manage your case for you. Part of this takeover includes providing you with regular updates and answering all your questions and emails in a prompt manner.
Seek Justice by Pursuing a Wrongful Death Lawsuit with One of Our Lawyers
If you have lost a loved one due to the carelessness of another individual, you could be the beneficiary of a potential wrongful death lawsuit. Protecting your rights in this situation is important. At the Law Offices of Anidjar & Levine, we will work to determine who is liable for your loved one’s death and if negligence played a part in it.
Don’t let the deadline for filing a lawsuit pass. Call us for a free consultation with a member of our team today.
