No one ever expects to suffer the sudden and unexpected loss of a loved one. When that loss is due to another party’s negligence or reckless behavior, it can be even harder to cope with. If you have lost a loved one in this way, you may be considering filing a wrongful death lawsuit.
To have the best chance of success with a wrongful death claim, it is essential to work with a qualified West Palm Beach wrongful death lawyer. GOLDLAW is experienced in wrongful death legal matters and knows the ins and outs of the process.
With more than $1 billion won and thousands of clients served, our compassionate team is here for you during this hard time. For assistance, contact our experienced West Palm Beach personal injury lawyers and get a free consultation.
GOLDLAW Is The Right Firm For Your Wrongful Death Claim
Filing a wrongful death claim can be emotionally difficult, but an experienced West Palm Beach wrongful death attorney can help guide you through every step of the process and ensure that your rights are protected.
If you have lost a loved one due to someone else’s negligence, GOLDLAW is the right choice for you because:
- We fully understand the pain and anguish that brought you to our website, and we will handle your Florida law case with the compassion and dedication it deserves.
- We know how insurance carriers can misrepresent your loved one’s losses in an attempt to deny you survival action or comprehensive financial support.
- We know money can’t bring back your loved one, but we will obtain what you rightfully deserve to make this process easier for you.
- We have a track record of winning substantial amounts of compensation for our clients.
We pair our knowledge of personal injury law with a compassionate approach to ensure that you have the chance to fight for the financial support you need to overcome a loved one’s funeral and burial costs and other economic hardships.
For a free legal consultation with a wrongful death lawyer serving West Palm Beach, call 561-222-2222
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil suit brought forth when someone dies due to another person’s negligence or intentional harm. In most cases, for a family member to win a wrongful death suit, they must prove that their loved one died because of another person’s negligence.
For example, if a family member was killed in a car accident because the other driver was texting, the family could sue for wrongful death. If the family wins the case, they may be awarded a financial award from an insurance carrier to compensate them for their loss.
While no amount of money can bring back a loved one, a wrongful death lawsuit can help families find justice and closure.
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Four Elements You Must Prove in a Wrongful Death Lawsuit
To win a wrongful death lawsuit, you must be able to prove four elements: duty, breach, causation, and damages. Here’s how our wrongful death attorneys in West Palm Beach break them down:
- Duty: The first element you must prove is that the defendant owed the deceased a duty of care. In other words, you must show that the defendant had a responsibility to avoid causing injury or harm to your loved one.
- Breach: The second element you must prove is that the defendant breached their duty of care, or that the defendant did not act as they were supposed to.
- Causation: The third element you must prove is causation, or that the defendant’s breach of duty directly led to the accident that caused your loved one’s death.
- Damages. As the plaintiff, you must show that you have suffered some type of loss due to the victim’s death. For example, you will have burial and funeral expenses, and you might have lost income due to your loved one’s death if they were employed.
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Common Ways Wrongful Death Claims Arise in West Palm Beach
Wrongful death claims arise in a wide variety of ways in and around Southern Florida. Some of the most common causes of wrongful death claims that we help clients with include the following:
- Traditional vehicle accidents
- Commercial vehicle accidents, including truck accidents
- Drunk driving or distracted driving incidents
- Premises liability or property owner negligence claims, including slip and fall accidents
- Boating accidents
- Aviation accidents
- Cruise ship incidents
- Medical malpractice incidents
- Pedestrian or bicycle accidents
- Motorcycle accidents
- Accidental drownings
- Defective product or product liability incidents
- Additional workplace accidents
Our trial teams understand how challenging this is for you and your family, and we want to make you as comfortable as possible as we discuss your case. Our compassionate personal injury legal representatives can take the time to talk to you like a human being, and we want to help.
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Who Can File a Wrongful Death Claim in Florida?
In Florida, the personal representative of the decedent’s estate can file a wrongful death claim on behalf of the surviving family members, according to FL Statutes § 768.21. The personal representative is typically stated in the decedent’s will or is to be chosen by the court if a will does not exist.
Courts typically choose a surviving spouse as the personal representative. If there is no surviving spouse, or the surviving spouse declines to accept the position as personal representative, the decedent’s heirs will decide. If they are unable to come to a decision, the court will appoint a representative.
Once the personal representative is appointed by the court, they can work with a West Palm Beach, FL, wrongful death attorney to file the wrongful death claim and pursue damages on behalf of the survivors.
What Damages Are Available in a Florida Wrongful Death Claim?
You can receive two types of damages when fighting for wrongful death support: non-economic damages and economic damages. The most common of these can include:
- Medical expenses incurred by the deceased
- Long-term care costs
- Funeral and burial expenses
- Property damage, as applicable
- Lost wages and benefits (including loss of future earnings and benefits, such as insurance and retirement)
- Loss of companionship and support
- Emotional pain and suffering
If you take your case to trial, a judge can choose to award you punitive damages. However, you cannot ask for punitive damages when initially taking legal action. We can discuss the financial implications of punitive damages in greater detail as your case evolves.
What Will an Attorney Do to Help Your Case?
A wrongful death claim can be incredibly challenging, and individuals trying to tackle this process on their own will face many roadblocks while fighting for financial compensation.
The reality is that the defendant, who is the person alleged to have caused the death, will likely have a strong legal team to defend themselves. Individuals without much legal experience will not have many advantages when it comes to filing a claim against another party in civil court.
Fight for the Rights of Your Family
When you have legal representation, you will have an advocate fighting for the rights of your family and your loved one’s estate.
A personal injury attorney will conduct a complete investigation into the incident, which includes examining the scene of the incident, looking at the evidence gathered at the scene, and further investigating the at-fault party and the circumstances surrounding the death.
Handle All Communications
While investigating the incident, your wrongful death lawyer can also handle all communication with other parties involved. These communications will include basic information that must be exchanged, as well as negotiations with insurance carriers.
In the event the at-fault party refuses to offer a fair settlement for the loss of your loved one, your West Palm Beach, FL, wrongful death lawyer will file a civil lawsuit in court.
Handling Litigation With Experience and Skill
The civil court process for death claims can be long and drawn out, and it begins with the discovery process. The discovery period is when both sides exchange information and evidence with one another, and depositions will be taken from witnesses.
Sometimes, the discovery process leads to continued negotiations and a settlement, but that is not always the case. It may be necessary to take the case all the way to a jury trial, and our personal injury lawyers aren’t afraid of litigation.
How Long Do You Have to File Your Claim?
It is crucial for family members to file a wrongful death claim as soon as possible after a tragic loss. Under Florida Statutes 95.11 (4)(d), the statute of limitations for wrongful death claims is two years from the date of death.
If an individual or personal representative of the estate files the death claim outside of this two-year time frame, they will likely be unable to recover any compensation at all.
Contact a West Palm Beach Wrongful Death Attorney for Free Today
If you have lost someone due to the careless or negligent actions of another individual or entity in Southern Florida, we encourage you to reach out to a skilled West Palm Beach wrongful death lawyer as soon as possible.
At GOLDLAW, we have extensive experience handling injury and death claims, and we know what it takes to help your family get through this difficult time. We work on a contingency fee basis in an effort to make our service as accessible as possible.
Get GOLDLAW and get the legal support you need and the compensation you deserve.
