The death of a loved one can be devastating. That grief compounds when their death was a result of someone else’s reckless or negligent behavior. If your loved one passed away due to an accident, you may be able to hold the liable party responsible through a wrongful death claim.
While no amount of financial compensation can bring your loved one back, a wrongful death claim may be able to ease the financial burden. Your family should not have to worry about bills at a time like this. A wrongful death lawyer in Margate, FL can evaluate your case to determine if you have a case to pursue damages.
Types of Wrongful Death Cases Our Team Handles
Wrongful death cases are brought against a party whose actions or negligence resulted in the death of another person. These types of cases can occur for a variety of reasons.
We handle all type of wrongful death cases, but the most common types we see are:
- Car accidents
- Truck accidents
- Bus accidents
- Motorcycle accidents
- Bicycle accidents
- Nursing home abuse or neglect
- Work-related accidents
- Construction accidents
- Defective products
- Premises liability, such as slip-and-fall accidents
- Medical malpractice
If your loved one passed away, you may not be sure if you are eligible to file a wrongful death claim. An attorney from the Law Offices of Anidjar & Levine can evaluate your situation to determine if you have a case. Call our wrongful death team today at 1-800-747-3733 for a case evaluation.
Persons Eligible to File A Wrongful Death Lawsuit in Florida
Florida law outlines who is eligible to file a wrongful death claim. You may be eligible to recover damages if you are related to the victim in the following ways.
- Another legal dependent
In some cases, the victim’s estate is eligible to recover damages related to medical care and burial expenses. A wrongful death attorney can help determine if you are eligible to file a wrongful death claim.
Determining Liability in a Wrongful Death Case
Wrongful death cases allow the survivors of an accident victim to hold a person responsible for acting recklessly or with an intention to harm. There are three legal elements involved in determining liability in wrongful death cases. They are:
- Duty of Care: We must prove the defendant had a duty to act reasonably to protect the lives of others. In the case of a traffic accident, the other driver had a duty to pay attention to the road and follow traffic laws.
- Breach of Duty: Next, we must be able to show the defendant breached that duty in some way. In a traffic accident, for example, we might show the driver was not following traffic laws, failed to look before merging, or was texting while driving.
- Causation of Death: Finally, we must show how the breach of duty of care caused the death of your loved one. In the traffic accident example, this might occur if the driver was texting when they hit your loved one’s car, which resulted in their death.
Damages You May Be Eligible For In A Wrongful Death Case
The damages you may be able to recover in a wrongful death case will vary based on the details of your case, including how you were related to the victim and the amount of medical bills accrued before their death.
The most common types of recoverable damages in a wrongful death claim include:
If your loved one incurred medical costs before their passing, you may be eligible to recover the cost of those bills. These damages generally apply to all care received as a result of the accident. Medical damages in a wrongful death case can include emergency transport, all medical care, medication, hospital stay, and other medical expenses.
Funeral & Burial Costs
If another person caused the death of your loved one, they may be held liable for their funeral and burial costs.
Loss of Future Income and Support
You may be eligible to recover the loss of financial contribution from your loved one as a result of their death.
Loss of Companionship and Protection
Spouses and children of victims may be eligible to recover compensation related to the loss of love, support, and parental guidance.
Emotional Distress and Suffering
Most persons eligible to file a wrongful death claim can recover damages for the mental distress caused by the loss of their loved one.
At the Law Offices of Anidjar & Levine, we understand that no amount of compensation can be truly right this wrong. However, recovering the above damages can make it easier to focus on your family during this difficult time.
How the Statute of Limitations Applies to Wrongful Death Cases
Florida law outlines a statute of limitations for personal injury and wrongful death cases. According to this law, you have two years from the date of your loved one’s death to file a wrongful death case.
Two years may seem like more than enough time; however, our team needs to investigate the cause of your loved one’s accident and gather evidence to support your case. Do not wait to pursue a wrongful death claim.
Contact a Wrongful Death Lawyer in Margate, FL
Did your loved one recently pass away due to the actions of another person? We can help. Contact the compassionate legal team at the Law Offices of Anidjar & Levine for a free evaluation of your wrongful death claim. Call now at 1-800-747-3733.