West Palm Beach Wrongful Death Attorney
An experienced West Palm Beach, Florida wrongful death lawyer understands that the loss of a loved one from an event other than natural causes is a deeply traumatic experience. It is natural to feel profound sadness, anxiety, and even anger – especially if the loss would not have occurred but for the negligent or intentionally wrongful conduct of an individual, business, or institution.
Besides grappling with these already upsetting emotions, panic may creep in with regard to financial matters, especially if the lost loved one occupied the valuable role of a primary or co-equal income earner. While nothing can undo the trauma of losing a loved one, Florida’s wrongful death law does offer certain loved ones of a wrongful death victim the opportunity to seek financial compensation from those responsible for the wrongful death and its consequences.
If you have lost a loved one due to another party’s negligent or reckless behavior, please consider contacting the Law Offices of Eric H. Luckman, P.A. in order to speak with an experienced West Palm Beach, FL wrongful death lawyer about how our team can help you and your loved ones during this time. Our legal team understands that no amount of money will ever make up for the loss of a loved one, but we will work diligently to make sure that your family gets the legal justice you deserve.
Types of Deaths Considered Wrongful Under Florida Law
The word “wrongful” speaks to both moral and legal culpability for a breach of the duty of personal liberty and bodily integrity owed between all members of society. When this duty is breached so egregiously by intentionally wrongful conduct (e.g. physical violence) recklessness or negligence (e.g. drunk driving) that a death results, the death is “wrongful” because the conduct that caused it is legally wrongful. Specific examples of negligent or intentionally wrongful conduct that constitute bases for wrongful death claims in Florida include:
- Assault and battery
- Fatal dog attacks
- Productive defects (e.g. automotive, industrial) that cause a fatality
- Fatal motor vehicle accidents
- Fatal slip-and-fall accidents (premises liability)
- Child abuse or neglect
- Medical malpractice
- Elder abuse or neglect
Please consider speaking with an experienced West Palm Beach, FL wrongful death lawyer if your loved one perished as a result of another cause. You may still have grounds to file a wrongful death claim
Eligible Survivors of a Wrongful Death Victim
To be eligible to bring a wrongful death for one of the above-listed instances of negligence or intentionally wrongful conduct, you must generally be included in the below class of survivors:
- Domestic Partners
- Grandchildren (if your parents are also deceased)
- Other minor children (e.g. stepchildren) who were financially dependent on the wrongful death victim for at least 50 percent of their support
- Anyone else who would be entitled to the wrongful death victim’s property under the state’s intestate succession laws (when someone dies without a will)
Beginning the Wrongful Death Legal Process in Florida
A wrongful death claim must be filed within specified window of time following a loved one’s passing. To seek compensation for the losses you have suffered as a survivor of a wrongful death victim, please contact a West Palm Beach, FL wrongful death lawyer in order to find out how we can help.
West Palm Beach Wrongful Death Attorney
West Palm Beach FL wrongful death lawsuits are filed by the surviving family members of those who have died because of the negligent or reckless conduct of another. These suits can be brought after a variety of deadly accidents, from motor vehicle crashes and construction site accidents to medical malpractice and product liability cases. In a wrongful death lawsuit a surviving family member—such as a spouse or child—seeks to hold the wrongdoer accountable for their conduct which led to their family member’s death.
All wrongful death lawsuits are unique in that they seek to provide accountability and compensation specifically for the losses suffered by the surviving family member. When a loved one is killed because of the misconduct of another, more than just the victim is harmed. Families suffer tremendously. Wrongful death statutes therefore give those close family members the right to bring a legal claim seeking redress for their own unique losses.
Similar to other civil claims, to file a Palm Beach FL wrongful death lawsuit the plaintiff must generally show that their loved one’s death was caused by another’s negligent or intentional conduct. In addition, the family member must show that they suffered loss of financial support, love, comfort, care, assistance, and general society that was provided by the victim.
The plaintiff in these cases is capable of recovering both economic and noneconomic damages. For example, a wife who loses a husband in a construction accident may be able to file a wrongful death lawsuit to recover her husband’s total lifetime expected earnings that were lost as a result of the accident, money for funeral expenses, and medical costs. In addition, plaintiffs who file these lawsuits can seek to recover a variety of other damages, such as lost insurance benefits, pain, suffering, mental anguish, and loss of companionship.
Our Palm Beach wrongful death lawyer at the Law Office of Eric H. Luckman is board certified in civil trial law and has years of experienced working on behalf of families that have lost loved ones due to the negligent or intentional misconduct of others. We understand the complex mix of emotions that are involved in these cases, and are aware that most families have many questions about how the legal process will work in their case. Please consider contacting our office for a free consultation where our attorney will explain how the law might apply and what legal options are available.
Statutes of limitation rules apply in virtually all civil cases, and so it is important to get in touch with a legal professional in a timely manner to preserve your rights. If you live in Florida and believe that a family member has died because of another’s misconduct, feel free to call our office at (561) 867-6010 or leave us a message via our online questionnaire.
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