Some of the most common causes of wrongful deaths are motorcycle and car crashes, slip-and-falls, dangerous and defective products, and medical malpractice. No matter the cause of the wrongful death, your family experienced something horrible. Call an experienced West Palm Beach wrongful death lawyer to guide you through the difficult process of filing a claim.
A personal injury attorney can help you face the aftermath of a wrongful death. In addition to assisting with gathering facts, evidence, and data after a negligent passing, our legal team could help you determine the best causes of action and venues to pursue justice for your tragic loss in the form of compensation.
What Constitutes a Wrongful Death?
According to the Florida Wrongful Death Act, a wrongful death can occur as the result of a wrongful act, negligence, default, or breach of contract on the part of any person. Under the law, when a wrongful death occurs, the estate of the deceased can file a civil suit to get compensation from the defendants. A practiced wrongful death lawyer in West Palm Beach could prove causation and culpability under this statute.
A wrongful death action is separate from any criminal case pursued by the state. In situations where there was clear criminal wrongdoing, it is likely that the state will pursue a criminal case. It is possible the decedent’s estate and loved ones will be involved in both cases, and KMW Legal could help a family navigate both.
Who Can Pursue a Wrongful Death Claim?
Per the Florida Wrongful Death Act, a decedent’s estate is entitled to sue on behalf of surviving family members. Occasionally, a personal representative has been specified in advance in a will. In this case, the personal representative may act as a plaintiff on the estate’s behalf. When there is no personal representative appointed, the plaintiff can be the surviving spouse or another family member.
According to Florida Wrongful Death Statute § 768.21, survivors could seek a variety of damages, including:
- Mental pain and anguish
- Loss of protection and companionship
- Loss of support and services
- Medical expenses
- Funeral expenses
The estate could also sue for lost earnings and lost accumulated value of the estate. A qualified wrongful death attorney in West Palm Beach could determine which damages the estate and surviving loved ones are able to pursue.
State Statute of Limitations for a Wrongful Passing Claim
Per state law, the wrongful death statute of limitations is two years from when the death occurred. This means that the decedent’s estate or loved ones have exactly two years from the date of their passing to collect necessary facts and evidence, determine the parameters of their case, and file in court. This amounts to a lot of work and is best undertaken with the assistance of a wrongful death lawyer in West Palm Beach.
Our knowledgeable legal team could consult with financial professionals and data to determine damages in a way that maximizes the estate’s ability to recover, identify potentially responsible parties, and help fend off the underhanded tactics of insurers and opposing counsel.
Call a West Palm Beach Wrongful Death Attorney to Discuss a Claim
When you lose a loved one because of another’s negligent or reckless actions, the last thing you want to do is lose months or years of your life to a painful and difficult legal process. Trying to navigate the insurance and legal issues resulting from a wrongful passing on your own can add a tremendous amount of hurt and difficulty to the process. Calling a West Palm Beach wrongful death lawyer for competent representation is a good first step to getting justice and compensation for your loss.
You deserve a good lawyer on your side. Call the data-driven team at KMW Legal today.