Losing a loved one unexpectedly can be a devasting experience, especially when you know that another party’s carelessness caused the death. While nothing can ever bring your loved one back, Florida’s wrongful death law tries to provide monetary compensation to survivors to help ease the economic and non-economic losses a family experiences after this type of tragedy.
If you have lost a loved one in a car accident, slip and fall, pedestrian accident, or another type of accident, a Jacksonville fatal accident lawyer may be able to help. Contact us today at the Law Offices of Anidjar & Levine to learn more.
Common Causes of Fatal Accidents
Unfortunately, there are many common causes of fatal accidents that occur in Florida every year. One of the leading causes of death in Florida is motor vehicle accidents. In 2018 alone, 3,135 people died in motor vehicle accidents, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).
Other possible causes of fatal accidents in Florida include:
- Bicyclist accidents
- Boating collisions and other accidents
- Defective products
- Dog bites
- Nursing home abuse and neglect
- Pedestrian accidents
- Slips and falls
- Swimming pool drownings and other premises liability accidents
Filing a Wrongful Death Claim
To recover compensation after a wrongful death of a loved one, the decedent’s family may be able to bring forth a wrongful death claim against the parties legally responsible for the death.
In this type of claim, you must show that the defendant’s negligent, reckless, or intentional conduct caused your loved one’s death and that you have the legal right to file such a claim.
Eligibility to File a Wrongful Death Claim
The victim’s estate can file a wrongful death claim on behalf of the surviving family members. The personal representative named in the will may file the claim, or if there is no will, then a surviving spouse or other family member can be appointed as the personal representative.
If you would like to learn whether you are eligible to file a wrongful death claim with the assistance of a Jacksonville fatal accident lawyer, contact our team at the Law Offices of Anidjar & Levine today.
Potential Damages in a Florida Wrongful Death Claim
Florida Statute § 768.21 clearly spells out the possible damages that you and your loved ones may recover from a successful wrongful death claim. These damages include:
- Value of lost support and services from the date of the decedent’s injury until the date of death
- Future loss of financial support and services from the date of death
- Loss of companionship and protection
- Mental pain and suffering
- Loss of parental companionship, instruction, and guidance
- Final medical expenses
- Funeral expenses
Some of these damages are only available to a surviving spouse or minor child, while others are available to both.
Determining Liability for Fatal Accident Cases
After a fatal accident, you may be wondering who to hold responsible. The truth is that multiple parties may be at fault for your loved one’s passing. Our attorneys are prepared to conduct a thorough investigation to determine who to hold liable.
The process for determining liability is not always straightforward. Thankfully our lawyers have had years of experience successfully representing wrongful death cases across the state, and we’re confident in our ability to help you pursue justice.
Statute of Limitations on Florida Wrongful Death Suits
You have two years from the date of your loved one’s passing to file a wrongful death suit, per Florida Statutes § 95.11(4)(d). After this time, your case may be dismissed in court. In rare cases, exceptions may be made to this law. Our attorneys can help you submit your claim in a timely manner.
How Our Lawyers Can Help
Hiring our team to represent you in your claim allows us to take care of every aspect of your case while you and your family are going through this difficult time.
Here are a few ways our team can help you.
Conducting an Investigation
A fatal accident is a serious offense. Therefore, involved parties will want to shift blame, cover up facts of the case, and avoid taking responsibility. Our team can help you by conducting a thorough investigation of your loved one’s death, including reviewing surveillance footage, interviewing eyewitnesses, and reviewing police and medical records.
We will work tirelessly to get a detailed account of the accident and find who’s responsible.
Negotiating Financial Compensation
The value of a life is incalculable, but our team can help you pursue the economic and non-economic losses you sustained due to losing your loved one. In cases where the at-fault party acted with no regard for life, we may be able to recover punitive damages.
Explaining Your Legal Rights
Wrongful death laws vary per state and govern who can pursue a claim, when and how. Our attorneys can explain these laws in depth, help you prepare your case, and navigate the legal process.
Taking Your Case to Trial, If Necessary
When pursuing a wrongful death lawsuit, many cases can be settled out of court. However, when parties cannot agree to a resolution, we can take your case to trial and allow the courts to decide. We will represent your interests in court, provide evidence on your behalf, and deliver a legal argument for your case.
Insurance companies and other third parties will use bullish tactics to try to railroad you into taking an unfair settlement. Don’t let that happen – talk to our attorneys at the Law Offices of Anidjar & Levine.
Choose a Fatal Accident Lawyer that Cares
Our attorneys understand the fragility of a fatal accident case. We treat our clients with care by providing responsive, professional legal services. When you work with us, you will get frequent case updates, access to your attorney’s direct line, and answers to all your pressing questions and concerns.
Here’s what our clients are saying about us:
“What unbelievable professionalism. If you have to hire an attorney to represent you during a difficult time, there is no other choice that Anidjar and Levine. Everyone I dealt with was great. Special thanks to Jonathan Holtz.” – Charles L.
A Jacksonville Fatal Accident Lawyer May Be Able to Help
When you are ready to seek assistance from a wrongful death attorney, our legal team at the Law Offices of Anidjar & Levine is here to help. Our Jacksonville fatal accident lawyers can review your claim and explain your legal rights. Call us today to speak to a member of our team.
We Can Help.