One of the most difficult things a person can go through is the death of a loved one. The loss can feel even greater when the death was avoidable and the result of someone else’s wrongdoing. If you have suffered a recent loss, you can talk to a Palm Beach Gardens wrongful death lawyer from GOLDLAW about your options.
We have more than 200 years of combined legal experience pursuing justice in cases just like yours. Our board-certified attorneys understand how difficult life can be after a loss and will work tirelessly to find answers on your behalf.
Contact our offices today to speak to a personal injury lawyer in Palm Beach Gardens.
What Is a Wrongful Death Under Florida Law?
A wrongful death is the legal term for when someone dies due to another person’s negligence or wrongdoing. The manner of death doesn’t matter so much as whether the death was the result of avoidable actions or omissions. This definition includes deaths due to unintentional deaths (i.e., car accidents) and intentional actions (e.g., assault or murder).
Wrongful Death vs. Criminal Homicide
Wrongful death and criminal homicide are two different things. A wrongful death is a civil matter, while homicide is a criminal matter. The same action can give rise to both a wrongful death lawsuit and criminal homicide, but the two are fundamentally different.
Most importantly, someone can still be liable for a wrongful death even if they aren’t charged with a homicide. Wrongful death lawsuits also operate on a lower preponderance of the evidence standard as opposed to the beyond a reasonable doubt standard in homicide cases.
For a free legal consultation with a wrongful death lawyer serving Palm Beach Gardens, call 561-222-2222
Common Causes of Wrongful Death in Palm Beach Gardens
Below are some of the most common causes of wrongful death in Palm Beach Gardens:
- Car accidents. Even seemingly minor car accidents can cause fatal injuries if victims don’t receive prompt medical attention.
- Truck accidents. Given the size and weights involved, truck accidents have a significantly higher rate of fatal injuries than passenger vehicle crashes.
- Motorcycle accidents. Motorcycle riders lack safety features like seatbelts or airbags and so are at a high risk of fatal injury.
- Medical malpractice. Medical professionals can commit errors and negligence that lead to avoidable deaths.
- Slip and fall accidents. Falling injuries can cause fatal injuries if the victim falls from a great height or lands incorrectly.
- Defective products. Products with manufacturing defects or dangerous designs are responsible for thousands of deaths annually nationwide.
- Workplace accidents. Workers in dangerous industries like construction, forestry, or manufacturing can suffer fatal injuries in the workplace.
- Intentional acts. Intentional acts and crimes like assault, battery, and murder can result in a wrongful death lawsuit.
If you are unsure whether you have a case on your hands, you can talk to a wrongful death lawyer in Palm Beach Gardens from GOLDLAW to get advice.
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Who Can File a Wrongful Death Lawsuit in Palm Beach Gardens?
Some states allow the deceased’s family to file a wrongful death claim. In Florida, a wrongful death action must generally be brought by the deceased’s personal representative, who recovers damages for the benefit of the estate and eligible survivors. The personal representative is appointed through the probate process and does not have to be someone named in the deceased’s will.
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Compensation for Wrongful Death
Through a wrongful death action, the deceased’s estate and surviving family members can recover compensation for the losses incurred by the death. Depending on the circumstances, this can include the following:
- Medical bills the deceased incurred between injury and death
- Loss of financial support the deceased would’ve provided
- Lost wages and benefits from the deceased missing work
- Funeral and burial costs
- Emotional pain and suffering the family experienced
- Loss of companionship, guidance, and care
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Time Limit for Filing a Wrongful Death Lawsuit
In most cases, you have a maximum of two years from the date of death to file a wrongful death lawsuit. The two years start from the date of death, which may be different from the date of the original injury incident. The main exception to this rule is for deaths resulting from murder or manslaughter. In these cases, there is no time limit for filing a lawsuit.
Regardless of how much time you are legally allotted, you shouldn’t delay getting started. By talking to a lawyer early, you can stay on top of evidence collection and avoid unnecessary payment complications.
Contact a Wrongful Death Lawyer in Palm Beach Gardens
Nothing can truly fill the void that losing a loved one can leave. But a wrongful death lawsuit can give you and your family the stability needed to heal and move forward. The team at GOLDLAW is dedicated to pursuing justice and answers on your behalf.
Contact our offices online or call us today to schedule a free case consultation with a wrongful death lawyer in Palm Beach Gardens. Get GOLDLAW and get the help you need and the compensation you deserve.
