An unexpected death of a loved one can shock any family. A death that occurs because of someone else’s negligence adds even more devastating to grieving survivors. If your loved one met an untimely death through the fault of another individual or entity, you may be able to recover compensation for your loss.
The Law Offices of Anidjar & Levine can determine the value of your loss and pursue compensation from the individual or entity that caused your loved one’s death. Call us today at 1-800-747-3733 for a free legal consultation with a wrongful death lawyer in Miami, FL.
We are a compassionate law firm with a goal of helping clients throughout South Florida take legal action to recover compensation that they deserve for the loss of their loved one.
What Is a “Wrongful Death”?
Under Florida’s Wrongful Death Act, wrongful death is the death of a person caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another party.
A personal representative can file a wrongful death claim on behalf of the decedent’s survivors for certain damages.
Who Can Recover Compensation Through a Wrongful Death Act?
Survivors who can recover compensation include the decedent’s:
- Any blood relatives and adoptive brothers and sisters; and
- A child born out of wedlock of a mother, but not the child born out of wedlock of the father, unless the father has recognized a responsibility for the child’s support.
How Does a Wrongful Death Occur?
Wrongful death can occur in a number of tragic and unexpected ways, including the following:
- Car accidents;
- Truck accidents;
- Motorcycle accidents;
- Boating accidents;
- Medical malpractice;
- A defective product accident;
- Dangerous workplace conditions;
- Criminal acts of violence; and
- Cases of nursing home abuse or neglect.
At the Law Offices of Anidjar & Levine, we will determine how your loved one died as we investigate your case. Then, we can hold the at-fault party liable for your loved one’s damages.
What Type of Damages Can Survivors Recover?
Survivors can recover damages in a wrongful death claim that include:
- Medical expenses paid for the deceased’s injury;
- The deceased’s funeral expenses;
- Loss of the deceased’s earnings from the date of injury to the date of death;
- Loss of the deceased’s support and services, such as household tasks or services provided without compensation to a business;
- A spouse’s loss of companionship and protection;
- Compensation for mental pain and suffering; and
- A minor child’s loss of parental companionship, instruction, and guidance, and mental pain and suffering.
Our attorneys can help you calculate a fair value for your wrongful death claim. We will fight for the maximum compensation possible under the law.
Proving a Wrongful Death Claim
Surviving family members cannot simply allege wrongful death; they must prove their claim against the defendant.
To prevail in your claim, you must show that the defendant’s negligence caused your loved one’s fatal accident. That means proving the following four points were true in your case:
- The defendant owed a duty to provide reasonable care to avoid causing harm to your loved one;
- The defendant violated this duty of care;
- This caused your loved one’s fatal accident; and
- You suffered quantifiable damages because of your loved one’s death.
Our legal team can gather the evidence needed to prove these elements of negligence in your case.
What Type of Evidence Do I Need to Prove Negligence?
The evidence we collect all depends on the circumstances of your loved one’s death. We will obtain whatever proof is necessary to establish exactly what happened.
For instance, if your loved one died in a drunk driving accident, we would collect such evidence as:
- A police report of the accident;
- Your loved one’s medical records;
- Photographs and other documentation of the accident scene; and
- Eyewitness testimony to prove negligence.
If necessary, we will engage an accident reconstruction specialist who can determine how the accident happened and who is at fault for causing it.
If your loved one died because of a health care provider’s error, we would obtain your loved one’s medical records to determine whether a doctor’s negligence in diagnosing or treating your loved one’s health condition caused the death. Or, we would obtain hospital records to determine how the hospital employees’ negligence contributed to the death.
The investigation we conduct and the evidence we obtain will depend on the facts surrounding your loved one’s death. Our evidence will also help to quantify the compensation for your economic and non-economic damages.
How Will I Recover Compensation for Damages?
Our law firm will file a claim on your behalf with the at-fault party’s insurance company. The attorneys at the Law Offices of Anidjar & Levine have extensive experience negotiating claims with insurance companies. We know that insurers try to save money by delaying claims or reducing settlement amounts. We do not stop negotiating until we reach a fair settlement for our clients.
While we usually can settle a claim, there are times when insurers deny claims or fail to offer a fair settlement. If this happens in your case, we will speak with you about filing a wrongful death lawsuit to pursue the full value of your claim.
Let Us Help You Recover Compensation for Your Losses.
Florida’s statute of limitations gives family members two years from the date of their loved one’s death to file a lawsuit. If you wait too long to act, you might lose your right to compensation.
Because time is of the essence, contact the Law Offices of Anidjar & Levine today. Call us at 1-800-747-3733 for a free case evaluation.