If you recently lost a loved one, a Tampa car accident lawyer from the Law Offices of Anidjar & Levine can help with your wrongful death case while you focus on your grief and family. We understand that no amount of financial compensation can ever return your loved one to you. However, by pursuing compensation through a wrongful death claim or lawsuit, you can recoup the cost of your loved one’s medical bills, lost income, and funeral expenses.
- Determine the cause of your loved one’s passing
- Itemize the cost of your financial losses
- Build a wrongful death case
- Handle communications with all involved parties
- Gather evidence
- Consult with your loved one’s health care team
- Consult with accident reconstruction specialists
- File a lawsuit
You may have a limited time to initiate legal action, per Florida Statutes § 95.11. You generally have two years from the date of your loved one’s passing to file a lawsuit. To learn about your options in a free case review, dial 1-800-747-3733.
Causes of Tampa Fatal Car Accidents
Florida Statutes § 768.19 defines a wrongful death as one caused by a “wrongful act, negligence, default, or breach of contract or warranty of any person.” The law goes onto assert that if the decedent had survived their injuries, they would have had the basis of a personal injury claim or lawsuit.
The National Highway Traffic Safety Administration (NHTSA) lists some of the common causes of car accidents. In one of their studies, the organization reported that 94% of collisions are due to driver error. Establishing the cause of your loved one’s collision will determine who can be held liable for your damages.
Some causes to your loved one’s car accident may include:
- Driving under the influence of drugs
- Drunk driving
- Drowsy driving
- Distracted driving
- Driver inattention
- Poor judgment
- Driver inexperience
- Inclement weather conditions, such as rain
- Vehicular malfunction, such as faulty brakes
- Hazardous roadway conditions
You may not see the cause of your loved one’s accident listed above. A Tampa fatal accident lawyer can investigate the circumstances of your loved one’s passing and create a course of legal action.
For a free legal consultation with a fatal accidents lawyer serving Tampa, 800-747-3733
Only Certain Parties Can Recover Compensation in a Wrongful Death Action
Under Florida Statutes § 768.20, only a personal representative of the decedent’s estate can initiate a wrongful death claim or lawsuit. If your loved one had a will, they may have designated a personal representative to handle their affairs. However, if they did not have a will, then a representative will be designated by the court. The court may choose to appoint a personal representative that is part of the decedent’s immediate family, but this is not guaranteed.
Generally, the personal representative brings the claim for the benefit of the victim’s:
- Family members who were financially dependent on them
Our legal team can explain the complexities that go into filing a wrongful death action. To learn more, call the Law Offices of Anidjar & Levine today at 1-800-747-3733.
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Potential Damages in a Wrongful Death Claim or Lawsuit
Florida Statutes § 768.21 outlines the potential damages that beneficiaries in a wrongful death action can receive.
Family members may be able to recover monetary compensation for the following damages:
- Medical bills – Any family member who paid for the victim’s final medical expenses may be able to recover reimbursement for these payments. Our legal team can review the details of the decedent’s health insurance policy to determine the cost of your loved one’s final medical costs.
- Funeral expenses – Any family member who paid for the funeral may be able to recover reimbursement for these payments. This includes the cost of a funeral and memorial, as well as any costs associated with burial or cremation.
- Loss of support – Surviving family members who were financially dependent on the decedent may be able to recover compensation for the amount of financial support they will lose.
- Loss of services – If the decedent provided services for a family member, such as housekeeping, childcare, cooking, transporting children, or similar services, a surviving family member may be able to recover compensation for the lost value of these services.
- Loss of companionship and protection – Surviving spouses and minor children may be able to recover compensation for the loss of companionship and protection.
Surviving family members may also be able to recover compensation for the mental pain and suffering they have endured. Generally, a surviving spouse and child can recover compensation for this type of loss.
It can be difficult to think about the types of financial losses you have endured due to your loved one’s passing. Some of these damages are not easy to calculate and may be based on a number of factors, such as the victim’s net income, life expectancy, or market value of services.
A Tampa fatal accident lawyer can determine the cost of your wrongful death-related expenses and negotiate for that figure with the liable insurer. Contact the Law Offices of Anidjar & Levine to learn more about the potential value of your case.
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Contact Our Personal Injury Team for Help
If you lost a loved one because of another person or entity’s negligence, a Tampa fatal accident lawyer from the Law Offices of Anidjar & Levine is here to guide you during this difficult time. We will treat you with compassion and sensitivity while seeking to hold the negligent party responsible for the harm they have caused you and your family. We work on a contingency-fee-basis. You do not need to pay us anything to get to work on your case. You only owe us our attorney’s fees if your case is successful.
Focus on your grief while we handle the rest. We can discuss your legal rights and options during a free case review. Call us today at 1-800-747-3733 to get started.
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