It can be challenging to know what to do after the wrongful death of a loved one, but our accident law firm is here to help. Contact our Daytona Beach personal injury lawyers and wrongful death attorneys to manage your case while you spend time with your family.
What Is Wrongful Death?
According to Florida Statutes §768.19, a wrongful death occurs when someone dies because of another party’s “wrongful act, negligence, default, or breach of contract or warranty.”
Our firm handles wrongful death cases that stem from:
- Car accidents: When an individual suffers serious injuries due to another driver’s negligence, we will pursue compensation for medical bills, lost wages, pain and suffering, and other losses incurred by your loved one before they passed.
- Medical malpractice: Medical malpractice refers to any negligent acts committed during a patient’s treatment. This includes botched surgeries, misdiagnosis, and failure to treat your loved one. Our team has experience handling these cases, including birth defects, brain damage, and premature deaths.
- Product liability: A product manufacturer or seller can be held responsible for defective products that cause harm to others. For example, a company that makes a defective wheelchair could be sued if a customer was fatally injured using the chair.
- Construction site accidents: When workers are hurt or killed on construction sites, they may file a claim against the general contractor or subcontractor who hired them. The worker’s employer is not liable for injuries sustained by an employee while performing duties related to the job. However, if the injury occurred due to the employer’s negligence, the worker’s family members may be able to recover damages under Florida law.
- Workers’ Compensation: Workers’ Compensation claims arising from employment-related incidents, such as workplace accidents, illnesses, and occupational diseases. These claims are governed by state laws that benefit employees who suffer work-related injuries or death. In most states, employers must carry insurance policies that cover this type of loss.
- Truck accidents: Trucking companies often have strict rules about how drivers should conduct themselves behind the wheel. Drivers who violate these rules could be at fault when another driver is involved in a fatal crash with their truck.
- Motorcycle accident negligence: Cars and trucks should use caution when sharing the road with a motorcycle rider, but many fail to do so. If your loved one was fatally injured in a motorcycle accident caused by someone else’s negligent actions, you might be entitled to compensation from the at-fault party.
- Pedestrian and bicycle accidents: Pedestrians and bicyclists are vulnerable road users because they lack protection from vehicles. They also have limited ability to avoid collisions with motor vehicles. As a result, pedestrians and bicyclists are more likely than other types of motorists to sustain serious or fatal injuries in crashes involving automobiles.
- Accidental drownings: If you lost a loved one in a drowning accident, you might be eligible to receive financial compensation. Accidental drowning accidents can occur when children or adults fall into bodies of water like lakes, rivers, oceans, and swimming pools.
- Slip or trip and falls: A slip or trip and fall can happen anywhere, including in public places like sidewalks, parking lots, and stairways. Slip or trip and fall accidents are common causes of personal injury and wrongful death lawsuits.
- Dangerous property conditions: Property owners must maintain their premises in a safe condition. This includes keeping dangerous items off the property, such as trees, power lines, and gas tanks. If your loved one died after being hit by a falling tree limb, power line, or gas tank, you might be able to hold the responsible property owner accountable for their role in causing the accident.
Understanding Wrongful Death Compensation in Florida
Unlike in some states, Florida does not directly allow family members to pursue wrongful death compensation. Instead, the deceased’s personal representative must seek damages on behalf of their estate and any surviving family members, according to Florida Statutes §768.20.
Any recovered awards are split among the deceased’s beneficiaries, including their spouse, children, or parents.
You and your family may be entitled to recover:
- Compensation for wages lost, including benefits, from the time of their injury until their death.
- The value of future earnings and benefits if your loved one lived.
- Medical expenses related to your loved one’s fatal injury.
- Funeral expenses and burial costs.
- Loss of services and support due to your family member’s fatal injuries.
- The loss of your loved one’s parental guidance, instruction, and companionship
- The loss of the deceased’s protection and emotional care
We understand that monetary awards will not erase the pain you feel over your loved one’s loss. However, compensation can provide you with a sense of justice, relieve any financial burden created by your loved one’s fatal accident, and provide you with funds to help you heal.
Our Injury Attorneys Help Daytona Beach Clients Based on Contingency
For nearly 15 years, our personal injury law firm has helped thousands of Florida clients get the money they deserve after a traumatic accident. In doing so, we work on contingency to help relieve any financial strain that can accompany an unexpected death caused by negligence.
Working on this payment plan involves:
- A free consultation with one of our staff members when you first call us
- No upfront, hourly, or lump sum fees due
- Your lawyer taking their fee from the compensation they obtain for you at the end of your case
- No payment due if your lawyer cannot secure an award on your behalf
Our Injury Accident Law Firm Will Stand by You During This Difficult Time
Right now, your focus should be on you and your family, not on insurance claims or legal action. Our wrongful death lawyers can take care of your case so that you can turn your attention to what matters.
We Can Help You Seek an Insurance Settlement
Filing an insurance claim can resolve some wrongful death cases. For example, if your loved one died because of accidental drowning, you may be able to pursue compensation via the property owner’s liability insurance provider.
This coverage could be from a business or homeowners policy, depending on where the accident occurred.
Our attorneys can determine if insurance applies to your case and help you file your claim. We will:
- Obtain evidence, such as medical records, police reports, surveillance footage, and eyewitness accounts.
- Use the available evidence to build a strong case proving your loved one’s death resulted from negligence.
- File your paperwork.
- Manage and meet case deadlines.
- Communicate with the insurance companies and other involved parties.
- Negotiate to achieve the highest amount of monetary compensation possible for you.
Throughout this process, our team will be by your side. We will return your calls and emails and provide regular case updates, so you are never left in the dark. We will even give you your attorney’s cell phone number so you can reach out anytime.
We Can Assist You with Taking Action in Civil Court
We can also help you seek compensation with a wrongful death lawsuit. We can even prepare your court case and pursue a verdict all the way to trial, if necessary.
Lawsuits are subject to the statute of limitations. According to Florida Statutes §95.11(4)(d), you usually have two years to file a wrongful death case with the court. Your window of time begins at your loved one’s death, which may not be the same as the time of their injury.
However, circumstances exist that could shorten your time limit.
Learn How The Law Offices of Anidjar & Levine’s Daytona Beach Lawyers Can Help
We do not believe your current financial situation should stand in the way of seeking justice for your loved one. The Law Firm of Anidjar & Levine will assist you with pursuing financial awards at no upfront cost.
Our team can get you started with a free, no-obligation consultation. We will answer your questions, discuss your options, and help you take your next steps. Contact us today.
We Can Help.
