If you lost a family member to a fatal car accident, you might be eligible for compensation from the party who caused the accident.
A Cape Coral car accident lawyer from the Law Offices of Anidjar & Levine can examine the circumstances that led to the wreck and determine who was at fault. Together, we can work to hold the parties accountable for your and your family’s losses.
Wrongful death laws allow family members to benefit from compensation when the negligence of others led to the unexpected death of their loved one. While you and your family are grieving, we will begin the work necessary to file an effective case on your behalf.
While we handle your legal matter, you can focus on the health and well-being of you and your family. Call the Law Offices of Anidjar & Levine to learn more about your rights to compensation following the death of a loved one.
Wrongful Death Cases in Florida
Like most states, Florida has a Wrongful Death Act that permits the close family members of people killed in accidents to benefit from compensation for their losses.
Under Florida Statutes § 768.19, if a negligent, reckless, or intentional act causes someone else’s death, that person is liable for the damages they would have been liable for had the deceased survived.
In other words, if the deceased person could have sued others for causing their injuries, then family members can still benefit from a lawsuit on behalf of the deceased.
According to the Centers for Disease Control and Prevention (CDC), car crashes are a leading cause of unintentional deaths in the U.S. Many wrongful death actions arise from fatal motor vehicle accidents.
A Cape Coral fatal personal injury lawyer from our firm can help you build a strong and effective wrongful death case against the parties responsible for the death.
Persons Who May File Wrongful Death Cases
Only specific family members may benefit from wrongful death actions under state law.
Florida Statutes § 768.20 provides that the personal representative of the estate of the deceased can bring a wrongful death case on behalf of the surviving family members, including:
- Spouses
- Children
- Parents
The will of the deceased may designate a personal representative to handle the estate, or the probate court may appoint a personal representative for the estate.
Damages in Wrongful Death Cases
Some damages are available in all wrongful death cases, such as:
- Funeral and burial expenses
- Final medical expenses for the deceased
- Physical pain and suffering that occurred before the person’s death
Other potential damages can include:
- Lost wages
- Lost earning capacity of the deceased
- Loss of financial support
- Expected wealth and assets that the deceased would have accumulated for their surviving heirs had their death not prematurely occurred
However, damages in wrongful death cases also can differ according to the relationship of the deceased to the surviving family members. For example, if a minor child loses a parent in a fatal car accident, the child may be able to recover damages for lost support and services, as well as the loss of parental guidance.
The surviving spouse of an individual who falls victim to a fatal car accident, on the other hand, might be able to claim damages for loss of companionship, loss of protection, and mental pain and suffering under Florida Statutes § 768.21.
A wrongful death lawyer from the Law Offices of Anidjar & Levine can help you. Call us today for more information.
Time Limits on Filing Wrongful Death Cases
Florida Statutes § 95.11(4)(d) places limitations on the ability of personal representatives to file wrongful death actions against those parties responsible for fatal car accidents and other types of fatal accidents.
Generally, you generally have only two years from the date of death to file wrongful death cases in court. Otherwise, you risk being unable to pursue any compensation related to the death of your loved one. The court no longer will have jurisdiction to order the at-fault parties to compensate you and other family members for your losses.
Other time limits also may apply in select wrongful death cases. For instance, if a state or other governmental entity is potentially liable for the death, different notice requirements and filing deadlines may apply.
As a result, seeking legal assistance as soon as possible following an accident may be wise.
Fatal Car Accident Rates
According to the Florida Department of Health (DOH), 3,273 people died in car accidents in Florida in 2019. This is an overall death rate of 14.7 per 100,000 people in the state population. Although the car accident death rate is unchanged from the 2018 rate, the rate has risen substantially over the past several years from its rate of 12.5 in 2010.
Allow Us to Help You During This Challenging Time
The period following the death of a loved one, especially when it is completely preventable and unexpected, is likely to be challenging and heartbreaking for you and your family. Many survivors find it difficult to handle the many insurance-related, financial, and legal tasks that are necessary when a loved one passes away.
These duties can make it hard for family members to allow themselves to grieve for the person whom they have lost. In this situation, a Cape Coral fatal car accident lawyer from our firm can help.
At the Law Offices of Anidjar & Levine, we provide individualized and responsive legal care to all our clients. Our goal is to handle legal matters so that you can focus on yourself, your family, and your emotional health.
Call us and get more information about how our law firm can help after the loss of a loved one in a car accident.
We Can Help.
