It’s never easy to lose a loved one. Matters can get even more complicated if negligence caused their passing. The law allows grieving families to seek compensation for their losses in certain situations. However, starting a wrongful death claim or lawsuit on your own can be difficult.
A Fort Pierce personal injury lawyer from the Law Offices of Anidjar & Levine can manage your case and everything it requires. During your free case review, we can discuss your legal options, compensable losses, and other details. Call us today.
Our Team Will Evaluate Your Wrongful Death Claim’s Viability
A wrongful death occurs when a person or entity causes the death of another person via a “wrongful act, negligence, default, or breach of contract or warranty,” according to Florida Statutes § 768.19. To put it another way, if another party’s actions caused your loved one’s passing, you can seek damages.
We’ve recovered damages for families who have lost loved ones due to:
- Car, truck, motorcycle, and bicycle accidents
- Medical malpractice
- Construction accidents
- Dog bites and other animal accidents
- Defective and dangerous products
Our injury lawyers manage practice areas not listed here.
Who Is Eligible To File A Wrongful Death Claim?
According to Florida Statutes § 768.20, the personal representative or executor of the deceased person’s estate can bring a wrongful death lawsuit. They bring legal action for the benefit of the decedent’s beneficiaries, which may include their parents, spouse, or children. The personal representative is either named in the decedent’s will or named by the court system. Our personal injury attorneys can help you identify who is eligible to file the case.
You Have A Limited Time To File Your Wrongful Death Lawsuit In Florida
According to Florida Statutes § 95.11(4)(d), you generally have two years from the date of your loved one’s passing to file your wrongful death lawsuit. You can file a civil lawsuit even if the other party was never charged with a crime.
Some exceptions could extend your filing period under Florida Statutes § 95.051. For instance, if your loved one passed away in a hit-and-run accident, the deadline could pause while police find the at-fault driver.
Your wrongful death lawyer in Fort Pierce can evaluate your case and explain how long you have to sue. They can also manage everything your lawsuit requires, from taking depositions to cross-examining witnesses.
Our Fort Pierce Team Will Seek These Damages
In a wrongful death case, damages can be both economic and non-economic. This means they relate to your financial and non-financial losses. Examples of your recoverable economic damages include:
- Lost wages
- End-of-life care costs
- Damaged property (if your loved one was involved in a collision, for example)
- Funeral and burial costs
Non-economic damages do not come with receipts and invoices. However, they’re still compensable. Examples include:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Loss of household benefits and childcare costs
Every situation is different and comes with its own set of recoverable damages. Furthermore, Florida does not cap how much you can seek for your case-related expenses. The Law Offices of Anidjar & Levine will pursue everything you need and deserve.
Should I Hire A Fort Pierce Wrongful Death Attorney?
Filing a wrongful death claim on your own could prove difficult. Right now, you deserve to spend time with your family and celebrate your loved one’s life. In the meantime, we will:
- Gather supporting evidence
- Interview witnesses
- Prove your case’s required elements
- Determine the at-fault and liable parties
- Examine the cause of your loved one’s passing
- File your insurance claim
- Pursue a lawsuit
We Take Your Wrongful Death Case On A Contingency-Fee Basis
At the Law Offices of Anidjar & Levine, we know there are likely expensive bills piling up after the passing of your loved one. We do not want to make your financial burden any greater. This is why our team offers help on a contingency-fee basis. With this fee agreement, we do not take any payment from you until your case is won or settled. Our law firm will manage your case and fight for the justice your family deserves.
You only pay attorney’s fees if we win your case. We take your fees out of your final settlement or award, which allows you to avoid spending anything out-of-pocket. We also offer free initial consultations.
Your Personal Injury Lawyer In Fort Pierce Will Prove Negligence
Claimants in wrongful death cases must show that another party acted negligently to recover compensation. This is easier said than done––especially if you have a limited knowledge of injury law. With our team on your side, we can prove negligence as mandated by the American Bar Association (ABA).
We must show that:
Another Party Owed Your Loved One A Duty of Care
First, we must show that the at-fault party owed your loved one a civil duty of care. The details of this obligation depend on the at-fault party themselves. For instance, all motorists must drive with reasonable safety and caution. Medical providers must render accurate diagnoses.
Another Party Breached Their Duty Of Care
Next, we must show that the defendant breached their duty of care. For instance, if a motorist speeds, they breach their duty of care by endangering other road users. Medical professionals breach their duty of care by failing to consult a patient’s medical history before giving treatment.
This Breach Of Care Caused Your Loved One’s Passing
We must show that the other party’s actions caused or contributed to your loved one’s passing. Your loved one may have contributed to their fatal injuries. Yet, in Florida, this would not prevent their family from seeking damages.
Your Loved One’s Death Resulted In Various Losses
Finally, we must show that because your loved one passed away, you have various case-related losses. Some of these losses may include funeral expenses, healthcare costs, and other out-of-pocket damages.
Proving negligence requires gathering evidence, consulting with witnesses, and combating unjust allegations. The Law Offices of Anidjar & Levine will prove negligence, along with your case’s other legal elements.
Types of Wrongful Death Cases We Handle In Fort Pierce
Our team provides legal representation to families who lost a loved one in a variety of fatal accidents. Some of the types of wrongful death cases our legal team can manage include:
- Car accidents
- Construction accidents
- Pedestrian accidents
- Truck accidents
- Slip and falls
- Medical malpractice
- Boat accidents
- Workplace accidents
Regardless of your case type, give us a call. We may be able to recover the financial compensation your family deserves.
The Law Offices Of Anidjar & Levine Can Start Your Case Now
Our team offers our deepest sympathies during this challenging time. We can only imagine what you’re going through. When you connect with our firm, we can start building your case as soon as possible. As noted, we encourage you to take prompt legal action, as the statute of limitations restricts your filing period.
To begin your free case review, connect with the Law Offices of Anidjar & Levine now.
We Can Help.