Wrongful Death Lawyer In West Palm Beach

Understanding Florida’s Wrongful Death Act

In the state of Florida, when a person’s death results from “the wrongful act, negligence, default, or breach of contract” of another individual, the estate of the deceased has the legal authority to bring a civil lawsuit against the responsible party. This lawsuit is initiated by a representative of the estate, either someone named in the deceased’s will or appointed by the court.

Although the lawsuit is filed by the estate’s representative, it is on behalf of the surviving family members affected by the loss of their loved one. The claim must enumerate all survivors with an interest in the case and must be filed within two years of the date of death. In exceptional circumstances, the court may extend this two-year window. If you find yourself beyond the two-year mark, consult with an attorney to explore the possibility of an extension.

Various Types of Wrongful Death Cases

Wrongful death cases stem from situations where entities deviate from standard procedures, and they encompass a range of legal ramifications. Some common scenarios include:

Medical Malpractice

When malpractice leads to wrongful death, it is a particularly harrowing experience for the affected family. Hospitals and doctors are expected to provide care and healing, but when a routine procedure results in a fatality, trust is broken. Wrongful death cases due to medical malpractice often require courtroom resolution. In some instances, a successful case can lead to the revocation of a negligent doctor’s license, potentially preventing future tragedies.

Auto Accidents

Daily, we witness accidents on the road that can result in severe injuries or death. Negligent drivers who cause fatalities through reckless behavior must be held accountable. Negligent actions include failing to use turn signals, running red lights, speeding, driving under the influence, texting while driving, and other violations. All these infractions can tragically culminate in the loss of a loved one.

Work-Related Accidents

Fatal occupational accidents are devastating for the families left behind. When an employer’s negligence leads to the death of an employee, it is only just that the dependents of the deceased receive compensation for their loss. This is especially crucial when the departed was the family’s primary breadwinner. Workplace fatalities can result from various circumstances, including chemical exposure, machine malfunctions, safety protocol breaches, explosions, and other workplace hazards.

Supervised Activities

Part of the allure of vacationing is the opportunity to try new experiences. However, every year, tragic deaths occur during supervised recreational activities. When companies fail to uphold safety regulations, people can get injured or killed. Negligence may stem from inattentive management, inadequate safety protocols, or staff neglecting their duties. Families may pursue wrongful death claims against companies in such cases.

Eligibility to File a Wrongful Death Claim

The Florida Wrongful Death Act specifies that eligible individuals who can be named in a wrongful death suit include the deceased’s spouse, children, parents, or any blood relative or adoptive sibling who was at least partially reliant on the deceased for support. In cases of children born to unmarried parents, a child is automatically eligible to seek damages if the mother passes away. If the father passes away, the child can pursue damages if the father formally recognized them as his own or was obligated to pay child support.

The Role of Wrongful Death Lawsuits

Wrongful death lawsuits serve multiple purposes. They hold negligent parties accountable for causing preventable deaths, promoting accountability to prevent future tragedies. These lawsuits also play a vital role in the financial recovery of the deceased’s surviving loved ones. Compensation can cover pain and suffering, medical bills incurred before the person’s passing, lost income, and other losses tied to the death.

Identifying Wrongful Death Occurrences

A wrongful death occurs when an individual is killed due to the negligent or reckless actions of another person or entity. For example, if a worker dies because of an unsafe work environment, their employer may be held liable for failing to ensure their safety. Other scenarios leading to wrongful death include car accidents, medical malpractice, faulty products, unsafe college hazing practices, and any instance where one person’s improper behavior results in the death of another.

Recoverable Damages in a Wrongful Death Case

Florida law outlines the damages that can be claimed in a wrongful death lawsuit. Unlike some states, Florida permits both surviving family members and the deceased person’s estate to file separate claims for damages. These damages can include:

• The monetary value of support the deceased provided to surviving family members.
• Compensation for the loss of companionship, guidance, or protection offered by the deceased.
• Mental and emotional pain and suffering endured by family members due to the loss.
• Reimbursement for medical or funeral expenses paid by surviving family members for the deceased.

In addition to the damages awarded to family members, the deceased’s estate may also claim compensation for lost wages, earnings the deceased would have generated if they had not passed away, and medical and funeral expenses paid directly by the estate.

Our Proven Success in Wrongful Death Cases

While many attorneys boast about their results, our law firm believes in letting our achievements speak for themselves. Thanks to our dedicated approach, we have secured hundreds of millions of dollars in verdicts and settlements for our clients. This financial relief has enabled them to grieve without the burden of financial insecurity, providing peace during a challenging time.