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 lawsuit, it is essential to work with a qualified lawyer. A lawyer specializing in wrongful death lawsuits will know the ins and outs of the legal process and can help guide you through it. For assistance, contact the experienced West Palm Beach wrongful death lawyers at GOLDLAW to schedule your free consultation.
West Palm Beach Wrongful Death Resources and FAQs
- What Are The Four Elements of a Wrongful Death Lawsuit?
- Common Ways Wrongful Death Can Arise
- Who Can File a Wrongful Death Claim in Florida?
- What Damages Are Available and Who Can Recover Them?
- How Can a West Palm Beach Wrongful Death Attorney Help?
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.
- We fully understand the pain and anguish that brought you to our website, and we will handle your 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.
Relevant Case Results:
- $6.5 million | Tow Truck Driver Killed by Semi-Truck
- $2 million | Young Child Dies of Undiagnosed Illness
- $960,000 | Woman Falls in Big Box Store
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.
The 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 a more detailed look at each element.
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 and operate their vehicles in a safe manner.
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. For example, a driver runs a red light and hits another car.
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. This can sometimes be difficult to prove (for example, if both cars were speeding at the time of the accident), but it is essential to winning your case.
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. Whatever your damages may be, you will need to provide evidence of them to recover compensation from the liable party.
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, and 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 team will take the time to talk to you like a human being, and we want to help.
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. 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 the claim.
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 his or her 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, which 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 complex claim against another party in civil court.
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. An 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.
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 attorney will file a civil wrongful death lawsuit in court.
The civil court process for wrongful death claims can be long and drawn out and 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.
How do You Find the Right Lawyer?
Finding the right wrongful death lawyer in West Palm Beach can seem like an incredible challenge, but we encourage you to start the process quickly. Ask any family or friends if they have ever worked with a personal injury or wrongful death lawyer that they would recommend. If they have not, you can go to your favorite search engine and type in your city followed by the words “wrongful death attorney” or some variation of that phrase. For example, if you are in West Palm Beach, you would simply type in West Palm Beach wrongful death lawyer or West Palm Beach wrongful death attorney.
We encourage you to not only look at the first page of results but dig into the reviews of each attorney you may want to work with. Make a list of possibilities and then schedule a free consultation with each. Find who you are comfortable with, and find an attorney who has experience handling claims similar to yours.
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 Statute 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 file the wrongful death claim outside of this two-year time frame, they will likely be unable to recover any compensation at all.
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 from the carrier.
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.
Neighborhoods and Areas We Serve
Palm Beach Gardens | Riviera Beach | Lake Worth | Boynton Beach | Wellington | Palm Springs | North Palm Beach | Royal Palm Beach | Lantana | Jupiter | Greenacres | Atlantis | Juno Beach | Haverhill | Lake Park | Stuart | Fort Pierce | Jensen Beach | Palm City | Hobe Sound | Vero Beach | Indiantown | Sewall’s Point | St. Lucie Village | Hutchinson Island
Contact a West Palm Beach Wrongful Death Attorney 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 lawyer as soon as possible. At GOLDLAW, we have extensive experience handling complex injury and wrongful 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. You do not have to do this alone.
GOLDLAW is The Right Firm For Your Wrongful Death Claim
Filing a wrongful death claim can be emotionally difficult, but an experienced 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.
- We fully understand the pain and anguish that brought you to our website, and we will handle your 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.
If you need help with a wrongful death claim, contact our West Palm Beach personal injury lawyers today to schedule a free consultation.
Client Testimonial: 5/5 ★ ★ ★ ★ ★
“The entire team at GOLDLAW are absolutely amazing! We put our trust in them to handle not one but two cases we had and they did not disappoint. They truly made us feel like family! Shout out to Jeff, Emily, Maddy and Jorge! Thank you for everything!!”
Melanie R.
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