When a tragic accident claims the life of a spouse, child, parent, or other loved one, your whole world can be turned upside down in a heartbeat. It is common to feel overwhelmed in the immediate aftermath, but you do not have to face this difficult time alone.
A wrongful death lawyer in Jupiter, FL, can handle the complexities of the legal process for you, so you can focus on your family. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 today for a free consultation.
Accidents That Can Lead to the Death of Your Loved One
There are many accidents and forms of conduct that can form the basis of a wrongful death action, including:
- A car accident
- A truck accident
- A motorcycle or bicycle accident
- A pedestrian accident
- A boat accident
- An accident involving a defective product
- A construction accident
- Medical malpractice
A wrongful death claim must prove that your loved one could have recovered for his or her injuries if he or she had survived the accident. Some examples of ways to strengthen your case include proving:
- The negligence of the other driver caused a car accident or a truck accident. Our attorneys can gather evidence to show the driver did not follow the rules of the road, drove while impaired, or drove while texting or talking on his or her cell phone.
- A defective product caused an accident resulting in your loved one’s death.
- A crane accident at a construction site caused your loved one’s death.
- A doctor did not follow the applicable standard of care, resulting in your loved one’s death.
A wrongful death attorney can help walk you through the specifics of your case and collect the evidence you will need to make a strong claim.
Bringing a Wrongful Death Action After the Death of Your Loved One
The personal representative of your loved one’s estate brings a wrongful death action. The personal representative is the executor named in a will to administer the decedent’s estate. If your loved one did not have a will, the court will appoint an administrator who can bring the wrongful death action.
Wrongful death lawsuits have different rules than other personal injury lawsuits. In Florida, while you must file a personal injury suit within four years of an accident, you must file a wrongful death action within two years of the death of your loved one in an accident.
Compensation in a Wrongful Death Action
A wrongful death action benefits the survivors of your loved one. Survivors include the following:
- Any blood relatives or adoptive brothers and sisters who were dependent on the decedent for support or service
Lost Support and Services
Every case is different, but all survivors are generally entitled to:
- The value of lost support and services from the date of the decedent’s injury to his or her death
- The future loss of support and services from the date of the decedent’s death
Our attorneys will gather evidence to place a value on your loss of support and services. We take into account the following:
- The decedent’s income history
- Likelihood of raises and promotions the decedent would have received
- The decedent’s expected retirement age
- The decedent’s health before the accident
- The decedent’s household services, such as laundry services, child care services, cooking, and house cleaning
The future loss of support and services will be reduced to present value. Our attorneys can hire an economist to place a value on your loss.
Loss of the Decedent’s Companionship and Protection
You may also pursue compensation for the loss of your spouse’s companionship and protection. The amount of compensation will depend upon how close of bond you shared with your spouse. Our attorneys will talk to you about your relationship with your spouse. We will collect pictures and videos to document the close relationship.
If you are a child under the age of 25, or a child of any age if the decedent has no surviving spouse, you may be eligible for compensation for the lost companionship with your mother or father and the loss of guidance he or she provided you. Our attorneys can show the bond between you and your parent to strengthen your claim.
Pain and Suffering for Your Loss
Depending on the specifics of your case, a variety of parties may be eligible to pursue a claim for pain and suffering following the wrongful death of a loved one. In general, you may be entitled to compensation for pain and suffering if:
- The decedent was your spouse
- The decedent was your parent, has no surviving spouse, and you are less than 25 years old
- The decedent was your child and was less than 25 years old
- The decedent was your child, was at least 25 years old, and has no other survivors
Medical or Funeral Expenses
If you pay the medical or funeral expenses of your loved one, you may be able to recover those expenses as damages.
Compensation That the Decedent’s Estate Can Recover
The decedent’s estate may be able to recover the following compensation in a wrongful death action:
- Loss of the decedent’s wages from the date of their injury to the date of their death
- What the decedent probably would have retained and saved and left to others if they had lived
- Medical or funeral expenses paid by the decedent or paid by the estate on behalf of the decedent
If your spouse, child, or parent passed away in an accident caused by the wrongful conduct of another, a wrongful death lawyer in Jupiter, FL, may be able to help. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 today for a free consultation.