Losing a loved one can significantly affect your life, changing your emotional and financial situation. If the negligent actions of another person led to the loss of a loved one, you may be eligible for compensation.
Call a personal injury lawyer in Miami Gardens, FL, at the Law Offices of Anidjar & Levine. We offer free case reviews.
Proving Liability in a Wrongful Death Case
One of the most critical aspects of your wrongful death case is proving liability. Not only must you establish who is at fault, your wrongful death case must prove:
- The defendant held a legal duty of care to the deceased person.
- The defendant breached their duty of care (i.e., was negligent).
- The defendant’s negligence caused the accident.
- You suffered damages as a result of the accident.
We collect the appropriate evidence to prove liability for your loved one’s death. Some of the evidence we may retrieve includes:
- Police report
- Medical records
- Witness statements
- Photographs of the scene of the accident
- Expert witness statements
With this information, we can establish your accident’s timeline, determine the at-fault party, and prove the financial value of your claim. Get help by calling our team to set up a consultation with a wrongful death lawyer in Miami Gardens.
Types of Wrongful Death Cases Our Lawyers Handle
If your loved one died because of another party’s negligence, call us. We understand the difficulties you may face when you lose a loved one to someone else’s wrongful actions. Our wrongful death attorneys will provide personalized legal representation to help you through each step of the legal process.
Each wrongful death case poses unique challenges. Depending on the situation that caused your loved one’s passing, different laws, limitations, and burdens of proof may apply. Some of the types of accidents or incidents that may be grounds for a wrongful death action include:
- Car accidents
- Motorcycle accidents
- Slip and fall accidents
- Nursing home abuse or neglect
- Medical malpractice
- Work-related accidents
Our attorneys are well-versed in Florida laws pertaining to personal injury and wrongful death cases. We will examine your claim and decide how to proceed.
Recoverable Damages in a Wrongful Death Case
We can seek compensation for the damages your family suffered because of your loved one’s death. Some recoverable damages in a wrongful death action may include:
- Expected loss of income
- Loss of companionship or parental guidance
- Medical and funeral expenses
- Childcare or household costs
If the deceased had any personal injury cases open before their passing, those cases convert to survival action cases if they were not related to the cause of death. If the case was for the accident that ultimately led to the death, then it converts to a wrongful death case.
How Much Can I Recover for My Losses?
The value of your losses depends on many aspects of your situation, including:
- Your financial losses. You may incur funeral, burial, and healthcare costs following your loved one’s passing. The cost of your economic damages can increase how much you can recover. We will calculate your past, present, and future losses to determine what you’re owed.
- Your pain and suffering. There is no set formula for calculating pain and suffering. So, we will consider various aspects of your situation in our calculations, including your relationship with the decedent.
- Your loved one’s portion of fault for the accident. Florida operates on a comparative negligence system. This means, if your loved one contributed to their passing, this can affect how much you can recover.
- The medical care your loved one required. Your loved one may have required extensive medical care before their passing. For instance, they may have required time in an end-of-life care facility. These expenses are all recoverable through an injury claim.
We will do everything possible to calculate a fair value for your losses. When your case ends, we want you to walk away with everything you need.
Wrongful Death Statute of Limitations
When filing a wrongful death lawsuit, timing is critical. You have to act before the expiration of Florida’s statute of limitations. The state of Florida requires wrongful death lawsuits to be filed within two years from the date of the death. Waiting too long can make you ineligible to file a lawsuit.
Yet, your filing deadline ultimately depends on your circumstances. For instance, if your loved one passed away in a hit-and-run accident, the statute of limitations could pause while the at-fault driver is located.
A skillful wrongful death attorney will know how to meet the necessary legal deadlines and requirements. Call us today at the Law Offices of Anidjar & Levine.
How We Can Help with Your Wrongful Death Case
We aim to provide responsive legal care during this trying time. We understand that a monetary settlement does little to ease your grief. It can, however, address your financial concerns while you focus on your personal well-being.
Our attorneys are ready to serve you by:
Offering a Complimentary Consultation
If you lost a loved one in an accident for which another party is liable, call us for your free case evaluation. Our Miami Gardens wrongful death attorneys are here to listen to your story and provide sound legal advice.
The complimentary and confidential consultation gives us the opportunity to evaluate essential details about your case. We will review your claim’s details and help you decide how to move forward. If we decide to take your case, you will receive responsive legal representation throughout the legal process.
Communicating with Insurance Companies and Other Parties
We talk to insurance companies, other lawyers, and other parties on your behalf. Losing a loved one is hard enough without the stress of fighting a legal battle, so leave the legal process to us.
We will respond to requests from other parties, request documents, retrieve records, and build your case to prove liability for your loved one’s wrongful death.
Being There for You from Start to Finish
We give clients their attorney’s cell phone number. If you have a question, just call or email us, and we will respond promptly. We will also keep you up to date with any new developments in your case.
We understand how harrowing the legal process can be, and we aim to reduce your stress by keeping you apprised of your claim status as it develops. You will not be left in the dark about your case when you work with our wrongful death legal team.
Negotiating a Settlement and Fighting for Compensation
Settlement offers are part of wrongful death cases. We will discuss settlement offers with you and counsel you on whether it covers your damages.
Your wrongful death lawyer in Miami Gardens can negotiate with the insurance company or defendant for compensation that covers all your damages. And, if we have to take your case to court, we will represent you before the jury to fight for the money your family deserves.
Work with a Wrongful Death Lawyer in Miami Gardens, FL, from Anidjar & Levine
Our wrongful death lawyers in Miami Gardens, FL, will protect your family’s rights and help you take legal action to hold the defendant liable for your loved one’s death and your family’s damages.
Call the Law Offices of Anidjar & Levine for a free consultation about your case.
We Can Help.
