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 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.
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 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.
Click to contact our Personal Injury Lawyers in West Palm Beach today
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 each one breaks 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. For example, all drivers have a duty to obey traffic laws.
- Breach: The second element you must prove is that the defendant breached their duty of care. In other words, you must show that the defendant did not act as they were supposed to and that this breach resulted in the accident that caused the victim’s death.
- Causation: The third element you must prove is causation. To do this, you must show 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.
Call or text 561-222-2222 or complete a Free Case Evaluation form
Common Ways Wrongful Death Claims Arise in West Palm Beach
Wrongful death claims arise in a wide variety of ways in and around the West Palm Beach area. As we mentioned above, these claims arise when an individual loses their life due to the negligent or intentional actions of another individual or entity. Some of the most common causes of wrongful death claims that we help clients with include the following:
- Traditional vehicle accident claims
- Commercial vehicle accidents
- Drunk driving or distracted driving incidents
- Premises liability or property owner negligence claims
- Boating accidents
- Aviation accidents
- Cruise ship incidents
- Medical malpractice incidents
- Pedestrian or bicycle accidents
- Motorcycle accidents
- Accidental drownings
- Defective product incidents
This is certainly not a complete list of the ways that wrongful death claims arise in the state of Florida. If you have any questions about whether or not you have a viable wrongful death claim, we encourage you to reach out to a member of our legal team for a free consultation today.
We 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 team will take the time to talk to you like a human being, and we want to help.
Complete a Free Case Evaluation form now
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 will be able to file the wrongful death claim and pursue damages on behalf of the survivors.
Who Can Recover Damages?
Multiple parties are eligible to receive damages in a wrongful death claim, even though they cannot personally file it themselves.
The following parties are eligible:
- Surviving spouse
- Minor children
- Adult children if no surviving spouse exists
- Parents of a minor child
- Parents of an adult child when no other survivors exist
- Any blood relatives and adoptive siblings that were partially or completely dependent on the decedent for certain support or services.
What Damages Are Available in a Florida Wrongful Death Claim?
The amount of damages available in a Florida wrongful death case will depend on many different factors, including but not limited to:
- The age of the deceased
- The health of the deceased prior to their death
- The relationship between the survivor and the deceased
- The financial contribution that the deceased made to the survivor’s household
- The nature and extent of the survivors’ grief and suffering
That said, common types of damages awarded in Florida wrongful death claims include:
- Medical expenses incurred by the deceased
- Funeral and burial expenses
- Lost wages and benefits (including loss of future earnings and benefits, such as insurance and retirement)
- Loss of companionship and support
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.
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 a West Palm Beach wrongful death attorney by your side, 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 will 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 wrongful death lawyer will file a civil wrongful death 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. 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.
How Is the Insurance Company Involved?
It is not uncommon for insurance carriers to be involved with a wrongful death claim in some way. This can include property owner insurance, vehicle insurance, commercial insurance, etc.
If there is an insurance carrier involved, then you need to file the claim as promptly as possible. Any delays in filing a claim with an insurance carrier could result in a denial.
Speak to a Personal Injury Lawyer for More Timeline Information
There are always exceptions to the statute of limitations, and we strongly encourage you to speak to your attorney about the timeframes involved with your particular claim.
An attorney will have the experience needed to tell you whether or not you still have the opportunity to file your claim, and they can assist you with that process. Please keep in mind that you do not have to go through any of this alone.
A skilled and compassionate wrongful death attorney from GOLDLAW can help make this process easier for your whole family.
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 the West Palm Beach area, 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 will approach your case with the sensitivity and respect your loved one deserves.
Get GOLDLAW and get the help you need and compensation you deserve.
