If your loved one died unexpectedly because of negligence or recklessness, the Law Offices of Anidjar & Levine can help you hold that person liable for your relative’s wrongful death. We help grieving families in Florida seek justice along with compensation for the untimely loss of their loved one.
Whether your loved one died in a car accident, due to medical malpractice, or in another accident, we will work to help you get the compensation you deserve. Call us today at 1-800-747-3733 to schedule a free legal consultation with a wrongful death lawyer in Port St. Lucie, FL.
Determining Your Eligibility to File a Wrongful Death Claim
We can help you determine whether you have legal standing to seek compensation based on Florida’s Wrongful Death Statute.
Florida Statute 768.18 allows the following survivors who depended on the deceased for financial support, or household services, or business services, to pursue compensation for a wrongful death:
- Any blood relatives and adoptive brothers and sisters
- 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 responsibility for the child’s support
A personal representative for your loved one’s estate can file a wrongful death claim on behalf of the surviving family members interested in pursuing compensation. The court can appoint a personal representative if no one is in your loved one’s estate plan.
Damages Beneficiaries Can Recover
When filing a wrongful death action, the state statute requires a listing of all survivors seeking compensation and their relationship to the decedent. We will ask you which family members plan to seek compensation because survivors can pursue damages based on their relationship to the deceased.
For instance, each survivor can recover the value of lost support and services from the date of a loved one’s injury to his or her death, with interest. They can also recover the future loss of support and services from the date of death and reduced to present value.
Additionally, surviving family members can recover damages such as:
- A spouse’s loss of companionship, protection, and mental pain and suffering
- Minor children’s lost parental companionship, instruction, guidance, and mental pain and suffering
- Medical expenses due to the decedent’s injury
- The decedent’s funeral expenses
- Loss of the decedent’s earnings from the date of injury to the date of death
We will estimate the amount of compensation each surviving family member may be entitled to recover and negotiate the wrongful death claim to ensure that you and your family members receive the compensation to which you are entitled.
Investigating a Wrongful Death Claim
Florida’s Wrongful Death Act defines a wrongful death as the “wrongful act, negligence, default, or breach of contract or warranty of any person.” To have a successful case requires collecting evidence that proves elements in the statute.
For instance, if your loved one died in a car accident involving a semi-truck, we would collect evidence showing how a truck driver’s or the trucking company’s negligence or wrongful actions caused your loved one’s death. This evidence can include:
- A police report of the accident
- Eyewitness statements
- The truck driver’s daily driving log to determine how long the driver had been on the road
- The trucking company’s past violations of any state or federal rules or regulations
- Your loved one’s medical records
The type of evidence we collect will relate to how your loved one died.
We also work with subject matter specialists, including medical experts and accident reconstruction experts. Their expertise adds even further support to your wrongful death claim.
How We Prove a Wrongful Death Claim
We use the evidence we collect to prove how the at-fault party’s negligence caused the wrongful death of your loved one. To prevail in our case, we must prove the following elements of negligence:
Duty of care: The defendant owed you a duty to exercise reasonable care and not cause your loved one harm.
Breach of duty: The defendant violated this duty of care.
Causation: The defendant’s negligence caused the decedent’s injuries.
Damages: The surviving family members suffered damages because of the defendant’s negligence.
Filing a Wrongful Death Claim or a Wrongful Death Lawsuit
To help you and your surviving family members, our firm will file a wrongful death claim against the defendant and the defendant’s insurance company. Our lawyers are proficient in negotiating full and fair settlements with insurers that prefer to offer low settlements or no awards at all.
When insurance companies reject a claim or we believe the offer is not in our client’s best interests, we will consider filing a wrongful death lawsuit. We file lawsuits as a last resort to help surviving family members get the compensation they are entitled by Florida law to receive.
Florida’s Statute of Limitations Sets Time Limits on Filing Wrongful Death Cases
Florida’s Statute of Limitations imposes a deadline of two years within the date of your loved one’s death to file a wrongful death claim or lawsuit.
Unfortunately, if you do not file a case within that time, you will miss the opportunity to recover damages.
Building a solid case takes time, so the sooner you contact us, the sooner we can start working on your case.
We Can Help You Recover Compensation in Your Time of Loss
The compassionate attorneys at the Law Officers of Anidjar & Levine have been providing quality legal presentation for decades. We give each case our personalized attention and protect our clients’ rights.
If your loved one died because of someone else’s carelessness, contact us today at 1-800-747-3733 to schedule a complimentary legal consultation with a wrongful death lawyer in Port St. Lucie, FL on our team.
We handle wrongful death cases and other personal injury cases on a contingency basis. This means you do not pay us unless we win a settlement for your case.