If you recently lost a loved one in an accident you suspect occurred due to negligence, a wrongful death lawyer in Palm Beach County could help. Your family member may have been the victim of a negligent act that led to their car crash, construction accident, boating incident, slip-and-fall, or improper medical treatment.
No settlement will bring your loved one back; however, it could help compensate for your expenses and income loss while holding the negligent party responsible for their actions. Call the West Palm Beach personal injury lawyers at the Law Offices of Anidjar & Levine for a free consultation.
Slip and Falls Are the Leading Cause of Fatal Injuries in Older Adults
The leading cause of fatal injuries in older adults in Florida is falling, according to Florida Health. These types of accidents claimed over 3,000 lives in 2019. Slip-and-fall incidents and other premises liability issues can cause these tragedies.
When a property owner fails to clean up spills, alert visitors to hazards, or rectify dangerous conditions, you can pursue a wrongful death claim against them for causing a fatal fall.
This is just one of the types of accidents that our personal injury law firm can handle for you. Whatever your family member’s passing circumstances, a personal injury lawyer specializing in wrongful death cases can help you.
We will answer your questions and address your concerns, including the cost to hire a lawyer.
Other Common Causes of Wrongful Death Accidents
Although any negligent act that results in a fatality may be considered a wrongful death, these incidents do happen due to the following:
- Construction site accidents
- Workplace accidents
- Motor vehicle accident
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Boating accidents
- Bus accidents
- Commercial trucking accidents
- Defective product accidents, including those involving dangerous drugs
- Medical malpractice, including fatal birth injuries
- Nursing home abuse
How a West Palm Beach Wrongful Death Accident Lawyer Could Help
When you trust our compassionate personal injury attorneys to handle your wrongful death claim, we will provide caring assistance in this difficult time of grief and emotional upheaval.
Our experienced lawyers will work diligently to investigate your loved one’s death circumstances and build the strongest possible claim for your wrongful death action. In most cases, we will submit your claim to the at-fault party’s liability insurance carrier and negotiate until we reach an agreeable settlement.
When Do We File a Wrongful Death Lawsuit?
Sometimes, we must file a wrongful death lawsuit to achieve the best possible outcome. This could happen if:
- We cannot agree on settlement terms or amounts.
- The insurance adjuster or other representative is operating in bad faith.
- The process dragged on or stalled.
- There are disagreements regarding liability.
Sometimes, filing a civil lawsuit can jumpstart negotiations, allowing us to settle out of court. Other times, we may need to proceed to trial to reach a verdict. We’re prepared for every contingency to recover maximum compensation.
We Fight Stubborn Insurance Companies with Evidence
We compile evidence to bolster your personal injury claim and combat any of the above issues. Our investigative team will obtain documentation that may include some or all of the following items, depending on the nature of the fatal accident or incident:
- Accident reports, scene photos, and videos
- Witness statements
- Doctor and medical expert testimony
- The coroner’s report
- Equipment maintenance and repair logs
- Company safety policies and accident history
Throughout this process, we will act as your advocate, protecting your legal rights and handling all aspects of your case, freeing you to spend time with family and friends as you work through your shock, sorrow, and grief.
We will fight tirelessly to resolve your case quickly and with the best possible outcome, allowing you to put this tragedy behind you and move forward with the knowledge that your future will be financially secure.
Get Responsive Care from Our Experienced Attorneys
Gathering evidence is just one facet of our approach to your case. Our personal injury firm serves grieving families by:
- Scheduling appointments
- Obtaining medical records and police reports
- Reconstructing and analyzing the accident
- Consulting experts, like doctors and economists
- Talking to insurance companies
- Understanding your eligibility to file a claim or suit
- Determining who to hold accountable
- Knowing the value of your case
- Learning the steps of a wrongful death claim
- Standing up to the negligent party
- Navigating complicated terms and legal forms
When you hire our team, you receive access to your lawyer’s personal phone number. Don’t hesitate to call, text, or reach out to us in other ways if you have any concerns or questions. We realize you need support during this time, and we are here to provide it.
How Much Is Your Florida Wrongful Death Claim Worth?
A West Palm Beach personal injury lawyer from our firm can determine the amount of your wrongful death settlement claim by identifying the actual damages you suffered (or will suffer) due to the loss of your spouse, parent, or child.
Final Expenses
Immediately after the loss, you may have to pay high medical bills for end-of-life care and consider how to honor your loved one’s memory properly. According to the Federal Trade Commission (FTC), funeral costs include:
- Funeral expenses
- Caskets or urns
- Embalming or cremation
- Viewing and graveside services
Additional Damages
Your family member’s last wishes may have additional costs. Not only should your loved one’s last requests be covered by the liable party, but your family’s losses should also be considered. Overall, some examples of the damages you can potentially pursue in a wrongful death claim include the following:
- Loss of earnings provided by the decedent
- Loss of consortium, companionship, and love
- Loss of guidance, support, and counsel
- Loss of household services
- Loss of protection
- Loss of inheritance
- Property damage
- Mental anguish
- Medical expenses
- Funeral and other related expenses
Calculating the Full Value of Your Insurance Claim or Lawsuit
You may not have experienced all these damages. However, our legal team can help establish the specific damages you and your family experienced due to the wrongful death of your loved one. You may also have a legal basis for requesting punitive damages. This compensation type is designed to punish the person responsible for your loved one’s death.
Calculating the value of your settlement claim will require using formulas based on the age and life expectancy of the deceased accident victim, the survivors, and the types of damages each wishes to pursue.
Don’t be concerned about figuring this out yourself. Our wrongful death lawyers can analyze your West Palm Beach case on your behalf.
Who Is Eligible to Collect Economic and Non-Economic Damages?
Florida Statutes § 768.21 only allows certain people to pursue wrongful death cases. Typically, you can file a lawsuit if you are the deceased person’s:
- Spouse.
- Parent.
- Child.
You can recover further damages based on your relationship with your lost loved one. For instance, surviving spouses can receive compensation for the loss of companionship, while surviving children can receive damages for the loss of parental companionship and guidance.
Although Florida’s statutes limit who can file a wrongful death claim, the estate representative can file a survival action claim to obtain financial compensation for the deceased person’s medical bills, lost wages, pain and suffering, and related damages.
However, before you decide, contact us to schedule a no-cost consultation. The value of a survival action claim may not be sufficient to provide your family with what they need in the long term.
Understanding Florida’s Wrongful Death Laws
Navigating the legal landscape of wrongful death claims in Florida requires a thorough understanding of the state’s specific statutes. Under the Florida Wrongful Death Act, a wrongful death occurs when a person dies due to the negligence, wrongful act, breach of contract, or default of another party. The law allows the deceased person’s estate and certain family members to seek compensation for their losses. Eligible survivors typically include the spouse, children, parents, and any blood relatives or adoptive siblings who were dependent on the deceased for support or services. It’s crucial to act promptly, as Florida imposes a statute of limitations of 2 years from the date of death to file a wrongful death lawsuit.
Types of Compensation Available in Wrongful Death Cases
In a wrongful death claim, survivors may be entitled to various forms of compensation designed to address both economic and non-economic losses. The following table outlines potential damages recoverable under Florida law:
| Type of Compensation | Description |
|---|---|
| Medical Expenses | Costs for medical care prior to death, including hospital bills and emergency services. |
| Funeral and Burial Costs | Expenses related to funeral services, cremation, or burial. |
| Loss of Support and Services | Financial contributions and household services the deceased would have provided. |
| Loss of Companionship | Emotional pain and suffering due to the loss of a loved one’s companionship and guidance. |
| Lost Wages and Benefits | Income and benefits the deceased would have earned, including potential future earnings. |
| Pain and Suffering of the Deceased | Conscious pain and suffering experienced by the deceased before passing away. |
| Punitive Damages | Additional sums awarded to punish the wrongdoer for particularly egregious conduct. |
Note: The availability of certain damages may depend on the relationship to the deceased and the specifics of the case.
How a Wrongful Death Lawyer Can Help Your Family
Engaging a wrongful death lawyer can provide invaluable support during a difficult time. An experienced attorney will handle all legal aspects of your case, allowing your family to focus on healing. To build a strong case, they will conduct a comprehensive investigation to gather evidence, such as medical records, accident reports, and witness statements. The lawyer will also navigate complex legal procedures, file necessary paperwork, and meet critical deadlines. Additionally, they will negotiate with insurance companies and opposing counsel to seek a fair settlement. The attorney is prepared to represent your family’s interests in court if an agreement cannot be reached. Their ultimate goal is to secure the maximum compensation available to help alleviate the financial burdens resulting from your loss.
Demonstrating Negligence in a Wrongful Death Claim in West Palm Beach
How our legal team will prove liability in your wrongful death action depends on the circumstances of your case. For instance, if your family member passed away due to a product defect, we do not have to demonstrate the legal elements of negligence to proceed with a product liability case.
Instead, we can show liability by proving how a product defect caused the decedent’s fatal injury.
For fatal injuries sustained in a car or truck accident, medical malpractice incident, slip-and-fall accident, or workplace injury, we must demonstrate how the at-fault party’s actions or inaction constituted negligence.
The four legal elements of negligence are:
- Duty of care
- Breach of the duty
- Causation
- Actual damages
Negligence Examples
If the deceased victim suffered fatal injuries in a car accident, our team must demonstrate that the responsible party owed a duty of reasonable care to the decedent.
Motorists owe a duty of care to others on the roadway. So, if a driver was sending text messages or otherwise not paying attention to the road, their actions violated or breached their duty of care.
If the distracted driver crossed over the center line and caused a head-on collision, we can demonstrate how their breach of duty caused the fatal accident.
Once we establish liability in this manner, the last step is to demonstrate your actual damages by providing appropriate documentation to support the value of your claim.
Free Case Review With a Wrongful Death Lawyer in West Palm Beach
Florida imposes a statute of limitations on the allowable time frame to take legal action. Call the Law Offices of Anidjar & Levine as soon as possible to discuss the circumstances of your loved one’s death. We will explain your options so that you can make the best choices for yourself, your family, and your future.
We want to offer you a complimentary consultation so that you can make an informed decision about your case. Contact us today to set up an appointment with a wrongful death lawyer in West Palm Beach.
We Can Help.
