An unexpected death of a loved one can shock any family. A death that occurs because of someone else’s negligence adds even more devastating to grieving survivors. If your loved one met an untimely death through the fault of another individual or entity, you may be able to recover compensation for your loss. A Miami wrongful death lawyer could be the answer.
The Law Offices of Anidjar & Levine can determine the value of your loss and pursue compensation from the individual or entity that caused your loved one’s death. Call us today for a free legal consultation with a wrongful death lawyer in Miami, FL.
We are a compassionate law firm with a goal of helping clients throughout South Florida take legal action to recover the compensation they deserve for the loss of their loved one.
What Is a “Wrongful Death”?
Under Florida’s Wrongful Death Act, wrongful death is the death of a person caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another party.
A personal representative can file a wrongful death claim on behalf of the decedent’s survivors for certain damages.
For a free legal consultation with a wrongful death lawyer serving Miami, 800-747-3733
Who Can Recover Compensation Through a Wrongful Death Act?
Survivors who can recover compensation include the decedent’s:
- Any blood relatives and adoptive brothers and sisters; and
- A child born out of wedlock of a mother, but not the child born out of wedlock of the father, unless the father has recognized a responsibility for the child’s support.
A representative of the deceased’s estate can file a wrongful death lawsuit. If there is no will declaring a representative, the court can appoint one. Usually, they appoint one of the relatives listed above. If the case is successful, the representative distributes the awards among the surviving family members.
MiamiWrongful Death Lawyer Near Me 800-747-3733
How does a Wrongful Death Occur?
Wrongful death can occur in a number of tragic and unexpected ways, including the following:
- Car accidents;
- Truck accidents;
- Motorcycle accidents;
- Boating accidents;
- Medical malpractice;
- A defective product accident;
- Dangerous workplace conditions;
- Criminal acts of violence; and
- Cases of nursing home abuse or neglect.
At the Law Offices of Anidjar & Levine, we will determine how your loved one died as we investigate your case. Then, we can hold the at-fault party liable for your loved one’s damages.
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What Type of Damages Can Survivors Recover?
Survivors can recover damages in a wrongful death claim that include:
- Medical expenses paid for the deceased’s injury;
- The deceased’s funeral expenses;
- Loss of the deceased’s earnings from the date of injury to the date of death;
- Loss of the deceased’s support and services, such as household tasks or services provided without compensation to a business;
- A spouse’s loss of companionship and protection;
- Compensation for mental pain and suffering; and
- A minor child’s loss of parental companionship, instruction, and guidance, and mental pain and suffering.
Our attorneys can help you calculate a fair value for your wrongful death claim. We will fight for the maximum compensation possible under the law.
Miami Wrongful DeathYOU CAN TRUST US 800-747-3733
Proving a Wrongful Death Claim
Surviving family members cannot simply allege wrongful death; they must prove their claim against the defendant.
Most wrongful death cases have their basis in negligence, rather than an intentional wrongful act. To prevail in your negligence-based wrongful death claim, you must show that the defendant’s negligence caused your loved one’s fatal accident. That means proving all of the following four points were true in your case:
- The defendant owed a duty to provide reasonable care to avoid causing harm to your loved one. For example, everyone who drives on public streets must obey the traffic laws.
- The defendant violated this duty of care. Breaching a legal duty is negligence. Let’s say that the defendant was impaired by alcohol at the time of the collision. Failing to obey the laws against drunk driving is negligence.
- This negligence caused your loved one’s fatal accident. In our scenario, the defendant’s alcohol impairment caused him to pass out at the wheel and crash into your close relative, who was walking on the sidewalk.
- The accident caused quantifiable damages, like medical bills and funeral or burial expenses.
When we can prove all four of these factors, we can pursue the at-fault party for money damages for your losses. Our legal team can gather the evidence needed to prove these elements of negligence in your case.
What Type of Evidence Do I Need to Prove Negligence?
The evidence we collect all depends on the circumstances of your loved one’s death. We will obtain whatever proof is necessary to establish exactly what happened.
For instance, if your loved one died in a drunk driving accident, we would collect such evidence as:
- A police report of the accident;
- Your loved one’s medical records;
- Photographs and other documentation of the accident scene; and
- Eyewitness testimony to prove negligence.
If necessary, we will engage an accident reconstruction specialist who can determine how the accident happened and who is at fault for causing it.
If your loved one died because of a health care provider’s error, we would obtain your loved one’s medical records to determine whether a doctor’s negligence in diagnosing or treating your loved one’s health condition caused the death. Or, we would obtain hospital records to determine how the hospital employees’ negligence contributed to the death.
The investigation we conduct and the evidence we obtain will depend on the facts surrounding your loved one’s death. Our evidence will also help to quantify the compensation for your economic and non-economic damages.
How Will I Recover Compensation for Damages?
Our law firm will file a claim on your behalf with the at-fault party’s insurance company. The attorneys at the Law Offices of Anidjar & Levine have extensive experience negotiating claims with insurance companies. We know that insurers try to save money by delaying claims or reducing settlement amounts. We do not stop negotiating until we reach a fair settlement for our clients.
While we usually can settle a claim, there are times when insurers deny claims or fail to offer a fair settlement. If this happens in your case, we will speak with you about filing a wrongful death lawsuit to pursue the full value of your claim.
What Our Clients Say About Our Services
We are honored to represent people who get injured because of the carelessness of others. We take pride in delivering top-notch service to our clients. Here are just a few reviews our clients have posted to share their experiences with others:
- “I was very pleased with the service I received from the law firm of Anidjar and Levine… I would highly recommend this law firm to anyone!” – 5 stars – Viviana J.
- “I have nothing but good things to say about the Law Firm of Anidjar & Levine. This is a very professional, courteous and caring group which work hard for their clients. I am very happy with how they handled my car accident case and with the results.” – 5 stars – Sonia G.
- “I had such an amazing experience here! Jonathan Holtz was my attorney and I could not have asked for a better person to take my case. He was very responsive and did a great job of keeping me informed! I would highly recommend letting them be your attorney.” – 5 stars – Sarah A.
Come find out why our clients rave about us.
Our Promise to You
If we handle your wrongful death case, you can count on us to treat you with dignity and compassion while we work hard to get you all the compensation you deserve. We take things off of your plate so that you have the time to grieve, be with your family, and rebuild your life.
Would you like help with making appointments or filling out forms? Just call us and our cheerful staff will help. Life has already dealt you a blow. You should not have to face additional inconveniences. You get to focus on getting through this difficult time because we take care of everything else.
Let Us Help You Recover Compensation for Your Losses
Florida’s statute of limitations gives family members two years from the date of their loved one’s death to file a lawsuit. If you wait too long to act, you might lose your right to compensation.
Because time is of the essence, contact the Law Offices of Anidjar & Levine today for a free case evaluation.
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