When your family learns that your loved one’s death could have been prevented, your grief over your loss may quickly turn to rage and the pursuit of justice. Fortunately, you can take action against the liable party when you contact a Davie wrongful death lawyer at the Law Offices of Anidjar & Levine.
With our Davie personal injury lawyer by your side, your family can fully hold those responsible for your loved ones’ death accountable by the law.
Grounds For a Wrongful Death Claim in Davie
When your loved one passes away due to someone else’s actions, you may have grounds for a wrongful death claim. However, it does not matter whether the defendant’s actions were accidental or intentional.
Wrongful death claims can be malpractice-based, negligence-based, or caused by intentional acts. What matters is that the defendant is responsible for causing your family member’s death. If it had not been for the defendant’s wanton disregard for your loved one, they might be alive today.
If you are unsure whether you have grounds for a wrongful death claim in Davie, you can find out what legal options are available to you when you contact our office to discuss the details of your case.
How Do Davie Wrongful Death Claims Work?
Wrongful death claims in Florida are similar to personal injury claims. This is a lawsuit brought forward on behalf of the decedent, who cannot seek compensation for the damages. The deceased’s surviving family members may also be entitled to compensation for how the death of their loved one has impacted their lives.
For your attorney to win your case, we can prove liability based on a preponderance of the evidence. Your attorney can present compelling evidence that shows the jury that the defendant is overwhelmingly responsible for causing your damages.
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What About Criminal Charges?
It can be up to the state’s prosecuting attorney to determine whether the defendant should face criminal charges for the wrongful death of your loved one in Davie. The state’s prosecuting attorney can review the evidence to determine whether they believe they can prove guilt beyond a reasonable doubt.
The burden of proof in criminal cases is significantly greater than in civil cases. If the state believes the defendant is guilty beyond a reasonable doubt, they can file criminal charges seeking criminal penalties. Some of these penalties could include:
- Jail or prison time
- Fines or restitution
- Registration as a sex offender
- Community service
- Court-ordered counseling
- Court-ordered substance-abuse treatment
- Suspension or revocation of their driver’s license
Florida Wrongful Death Laws You Need to Know
You should be aware of multiple Florida wrongful death laws if you are interested in moving forward with your claim in Davie. Some of the most important include the statute of limitations, pure comparative negligence, and the authority to file the claim.
Statute of Limitations
Many people quickly assume that because the statute of limitations for personal injury claims in Florida is four years, that’s how long you must get your wrongful death claim filed. However, wrongful death laws are different from personal injury laws.
Under the law, the statute of limitations can expire two years from the decedent’s death. This means you only have two years to file your claim before you lose your opportunity to hear your case in the Davie civil courts.
Pure Comparative Negligence
If the decedent was partially responsible for causing their fatal injuries, your family’s ability to recover compensation might be limited. Florida operates under a pure comparative negligence system. This means individuals who share liability for their damages can still be awarded compensation despite sharing liability.
If the decedent was partially at fault, your wrongful death settlement may be reduced to account for this portion of the liability. When you contact our office, you can learn more about how your wrongful death claim could be affected by the state’s pure comparative negligence laws.
The Authority to File the Claim
In some states, the decedent’s surviving family members have the right to file a wrongful death claim. However, under Florida law, only the decedent’s personal representative of their estate has the right to file the same.
Also often referred to as the executor, if the decedent did not have the opportunity to appoint a personal representative, the course might be able to do so. The decedent could have named virtually anyone to handle their estate, including their surviving spouse, adult children, parents, siblings, close friends, or other parties.
Recoverable Damages in Davie Wrongful Death Claims
Your family may be entitled to certain damages in your Davie wrongful death claim. Certain damages can be paid out to surviving family members, while others can be paid to the estate.
For example, some of the damages that could be paid out to the decedent’s estate include:
- Funeral and burial expenses
- Medical expenses
- Lost wages
- Diminished earning capacity
- Loss of inheritance
Some of the damages that could be paid out to the decedent’s surviving family include:
- Loss of comfort and support
- Loss of love and companionship
- Loss of advice, guidance, and society
- Moss of protection
- Emotional pain and suffering
- Any medical or funeral and burial expenses paid by surviving family members
- Loss of household services
- Loss of filial or parental support
Contact a Wrongful Death Lawyer in Davie for Help Today
Although your family may be mourning your loss, the sooner you get your attorney advocating for your family’s right to justice, the better.
Schedule your no-cost, risk-free consultation with a Davie wrongful death lawyer at the Law Offices of Anidjar & Levine to get started on your case as soon as today.
