Losing a loved one is one of the most difficult experiences a person can go through. When someone else’s wrongful actions cause a family member’s death, you may have a legal right to seek justice. One of our Fort Lauderdale wrongful death attorneys can help you do so.
The Fort Lauderdale personal injury lawyers at the Law Offices of Anidjar & Levine understand how difficult this time can be. We can provide responsive legal help as weseek compensation for your tragic loss on a contingency-fee basis. That means you only pay our legal fees if we recover compensation for you.
Contact us today for a free consultation.
What Compensation Can A Fort Lauderdale Wrongful Death Attorney Recover?
You may be able to recover compensation for various types of losses when a loved one passes away due to someone else’s negligence. Our Fort Lauderdale wrongful death lawyers can seek fair compensation for any of the following losses through a wrongful death claim:
- Medical expenses related to your loved one’s injuries or end-of-life care;
- Funeral expenses and burial or cremation costs;
- Loss of support and services, depending on the decedent’s contributions to your family, their net income, your life expectancy, and the decedent’s life expectancy;
- Loss of companionship and protection for a surviving spouse;
- Loss of parental companionship, guidance, and instruction for surviving minor children;
- Mental and emotional suffering for certain surviving relatives
In addition, the decedent’s estate can be awarded damages for several other types of losses. This can include the expected value of the decedent’s lifetime wealth accumulation if they had lived to their normal life expectancy. Property of the estate will generally pass to the heirs named in the will unless creditors of the estate have a right to this property.
Some of these losses have a specific dollar value, such as the cost of medical expenses. Other damages, such as pain and suffering, must be approached differently. After we investigate your case, the Law Offices of Anidjar & Levine can offer you a better idea of the damages you might be able to recover. Note that these amounts can vary depending on settlement negotiations or what a jury decides in a lawsuit.
How A Fort Lauderdale Wrongful Death Lawyer Can Help You
Managing the legal challenges of a wrongful death claim while grieving can be overwhelming. After a fatal accident, it is a good idea to speak with our team quickly so we can start protecting your rights. Our wrongful death attorneys in Fort Lauderdale can provide invaluable assistance by:
- Conducting a Thorough Investigation: Gathering evidence to establish liability, including Fort Lauderdale Police Department reports, witness statements, and expert testimonies.
- Handling Legal Procedures: Managing all paperwork, filings, and court appearances and ensuring compliance with legal protocols.
- Negotiating With Insurance Companies: Advocating on your behalf to negotiate fair settlements and countering attempts to minimize your claim.
- Providing Emotional Support: Offering compassionate guidance throughout the legal process and allowing you to focus on healing.
By leveraging our legal experience, our wrongful death lawyers work to hold the responsible parties accountable and secure the financial resources you need to move forward. We’ve been advocating for clients like you since 2005. At the Law Offices of Anidjar & Levine, we treat every case with the dedication and empathy it deserves. Contact us today to learn more about how we can help.
See What Our Clients Have to Say About Our Law Firm
Our client testimonials are the best way to understand the work we do in every case:
- “My experience with this law firm has been a great one. The staff is extremely professional. Anytime I had questions or concerns, I would call and someone would always have an answer for me. Their follow-up is outstanding. They care about their clients’ well being, I am very appreciative of the service I have received from this firm.” –Stephen L.
- “What unbelievable professionalism. If you have to hire an attorney to represent you during a difficult time, there is no other choice than Anidjar and Levine. Everyone I dealt with was great.” –Charles L.
Which Family Members Can Pursue A Wrongful Death Case In Fort Lauderdale?
Any of the following family members of the decedent could recover damages through a wrongful death claim:
- A spouse;
- Children;
- Parents;
- Blood relatives or adoptive siblings who were dependent on the decedent
However, the Florida Wrongful Death Act requires the personal representative of the deceased’s estate to file the lawsuit or bring the claim to recover damages for these parties. Often, the deceased’s last will or the court handling their estate administration will identify your loved one’s representative.
Even if you are a relative who was not financially dependent on the decedent, you may still be eligible to receive damages. If your family member cared for you and you must hire someone to take their place, for example, you might qualify for compensation for this loss.
How Our Fort Lauderdale Wrongful Death Attorneys Prove Negligence
To successfully pursue compensation in a wrongful death case, our legal team will need to prove that your loved one passed away because another party was negligent. This requires us to demonstrate that the four elements of negligence were evident.
These elements are:
- Duty of Care: The liable party was responsible for the safety of your loved one. For example, a property owner keeps their store hazard-free for customers, and a motor vehicle driver must obey traffic laws to ensure the safety of other drivers and passengers.
- Breach: A party breached their duty of care toward your loved one. For example, someone got behind the wheel of their car after drinking, a mechanic did not do a required inspection on a car, or a trucking company failed to train their drivers.
- Causation: This breach directly led to your loved one’s accident or injury. For example, a driver’s intoxication caused them to fall asleep at the wheel and crash into another vehicle, or a property owner failed to clean up a spill and your loved one slipped and fell.
- Damages: The breach also directly caused you to suffer losses. These may include the loss of a spouse’s income, medical bills for the emergency care they received, and the loss of their companionship.
How Our Fort Lauderdale Wrongful Death Lawyers Investigate To Prove These Elements
Our Fort Lauderdale lawyers can carefully investigate your loved one’s injury. We also ensure that applicable evidence is collected to help support your claim. Some ways we do this include:
- Conducting witness interviews
- Securing surveillance footage, such as from security cameras or dash cams
- Recording physical evidence, such as skid marks, debris patterns, and nearby traffic signs
- Collecting all official documents related to the event, such as police reports, black box data analysis, maintenance records, driving logs, safety inspection reports, and records from Broward County’s Medical Examiner
- Consulting with experts, like an accident reconstruction expert or a trucking industry expert, who can help further substantiate negligence occurred
Depending on the nature of your loved one’s accident, there may be multiple liable parties. When you hire the Law Offices of Anidjar & Levine, we fight to hold all responsible parties accountable.
Statute Of Limitations For Wrongful Death Claims In Florida
Time is a critical factor in wrongful death cases. Florida Statutes § 95.11 typically imposes a two-year statute of limitations from the date of death to file a wrongful death lawsuit. Missing this deadline generally results in the court dismissing the case, regardless of its merits. There are rare exceptions where the statute of limitations may be extended, but you should not depend on such an exception applying to your case.
Our Fort Lauderdale wrongful death lawyers can submit your case within all deadlines if you get in touch with us early enough. In addition to the statute of limitations, moving promptly with your case can be beneficial for evidence collection. The loss of time-sensitive evidence, such as if surveillance footage is deleted or a witness’s memories of the event fades, can harm your ability to prove negligence, so we urge you to act quickly.
Frequently Asked Questions In Fort Lauderdale Wrongful Death Cases
You likely have many questions about how your case will work. Below, the Law Offices of Anidjar & Levine will answer some of the most common concerns.
Do I Have To Go To Court In A Wrongful Death Case?
Most wrongful death cases are settled out of court. However, our fatal accident attorneys will be prepared if we have to take your case to court, and we will support you throughout the entire case.
What If My Loved One Was Partially At Fault For Their Fatal Injuries?
Florida uses a modified comparative negligence rule in cases like yours. Under this law, you are eligible to recover compensation as long as your loved one was less than 51 percent at fault for their injuries.
It’s important to note, though, that recoverable compensation is proportionately reduced by the percentage of fault. For example, if you had $200,000 in losses, but your loved one was deemed 50 percent at fault, then you could only recover $100,000. This is why allowing our wrongful death law firm to investigate and strengthen your case is so important.
The Insurance Company Denied My Claim. Do I Have Any Hope Of Still Recovering Wrongful Death Compensation?
Yes, you may still be able to recover compensation after an insurance company’s denial of your claim. Your lawyer can file an appeal. We may have to do further investigation so we can provide additional evidence for your claim.
If you believe the insurance company denied your claim in bad faith, such as by not investigating thoroughly or purposefully delaying their response, Florida has laws regulating insurers that our Fort Lauderdale insurance bad faith lawyers can rely on as we bring your case.
Who Are The Liable Parties In Wrongful Death Cases?
Determining who is responsible for paying compensation can be complicated, but if you want justice and a fair payout, it is vital to bring a case against all liable parties. Some examples of complex situations include the following:
- In truck accidents, the truck driver may be directly negligent, but the trucking company may be vicariously liable for their employee’s actions.
- In a motorcycle accident, hazardous road conditions could mean that a government entity holds some liability.
Our lawyers can investigate to determine what act of negligence has occurred and who is responsible for it.
I’ve Received A Wrongful Death Settlement Offer, Now What?
Once you receive a settlement offer, you can either accept it or reject it. If you accept it, then it will be paid out in a timely fashion. However, if it is a lowball or otherwise unacceptable offer, you can formally reject it. The Law Offices of Anidjar & Levine will advise you on your next steps.
Do Wrongful Death Lawyers Work For A Contingency Fee?
Our Fort Lauderdale personal injury attorneys do work on a contingency-fee basis. Under this fee style, instead of paying as you go during your case, you are only required to pay if we recover compensation.
At that point, our fee is taken as a previously agreed-upon percentage of your final settlement. This allows victims and their loved ones to pursue the compensation they deserve, even when their financial situations are complicated.
Contact A Wrongful Death Attorney in Fort Lauderdale
Let the Fort Lauderdale wrongful death attorneys at the Law Offices of Anidjar & Levine evaluate your case during a free initial consultation. We can help you throughout the legal process and ensure your rights are protected. Our aim is to get the maximum compensation you qualify for.
Our legal team helps clients throughout South Florida seek compensation for negligence-related losses, including the loss of a loved one. Contact us today to learn more about how we can help hold negligent parties accountable for your loss.
We Can Help.
