Palm Beach Gardens Wrongful Death Lawyer
Losing a loved one is devastating, more so if they were killed through someone else’s negligence or recklessness or ill-advised actions that resulted in a casualty. When this happens, Florida law allows close survivors of the deceased to pursue a wrongful death claim against the responsible party. While no monetary repayment can replace the life lost, a winning wrongful death claim can offer much-needed compensation and a form of justice to the living kin.
If you’re the spouse, child, parent, or close survivor of the deceased, reach out to a trusted wrongful death lawyer. In Palm Beach County, the legal team of Philip DeBerard, Injury Attorney is esteemed by the community given our firm’s winning track record combined with family-like treatment of our clients. We can advise you on your rights under the law and fight for the compensation you’re entitled to, while providing you with the utmost consideration during this trying time.
Talk to us in a free consultation to find out how we can help you. We will never charge you any lawyer fees until we’ve obtained compensation for you.
What Constitutes a Wrongful Death Case in Palm Beach County?
Many forms of negligence cause avoidable deaths in Palm Beach Gardens.
Many different kinds of incidents can lead to a wrongful death including car, motorcycle or bike crashes, truck wrecks, pedestrian accidents, construction accidents, medical malpractice, childbirth injuries, and accidents involving defective products.
Not all casualties can be grounds for a wrongful death action. If you believe that the death of your loved one was due to someone else’s actions, you should get a case evaluation from a wrongful death lawyer to see if you can pursue a claim. A wrongful death claim must establish the following elements:
- The at-fault party had a duty of care concerning the deceased. In legal parlance, “duty of care” refers to the obligation to perform with expected care around others. For instance, a motorist has the duty of care to travel safely around other commuters, and a building owner has the obligation to make sure their premises are safe enough for guests.
- The liable party failed their duty of care. In car accidents, examples of violating the duty of care could be overspeeding, driving under the influence, and failing to obey traffic signs.
- The failed duty directly resulted in the death. You and your attorney must establish that the fatality was caused by the other party’s negligence, and not, for example, by a prior injury or health condition.
- The death brought actual damages. Damages are losses you suffered in connection to your loved one’s passing. These can be financial, physical, and emotional losses, such as the decedent’s medical expenses and loss of companionship.
Count on us at Philip DeBerard, Injury Attorney to evaluate your claim. When we work on your claim, we’ll commit our legal knowledge and experience to build a strong, effective case for you.
Parties Who Can Make a Wrongful Death Claim in Florida
In Florida, a person with legal standing may file a wrongful death claim on behalf of all survivors and dependents of the deceased. Typically, persons with legal standing are direct family members of the decedent, such as their spouse, children, parents, and other dependents. If the deceased had an appointed personal representative, this representative may also file for wrongful death on behalf of survivors.
The term “survivors” means persons who relied on the decedent’s financial or emotional support. The individual who files the wrongful death claim will list all the survivors who have an interest in the matter, and if the claimant is successful, the compensation will be divided among them.
Palm Beach Gardens Wrongful Death Claims: What Are You Entitled To?
Your loved one’s untimely passing likely created financial and emotional difficulties, and Florida law addresses both. In a wrongful death claim, you may seek compensation (or “damages”) for your losses that are economic and non-economic, such as:
- Medical costs due to the pre-death injury
- Expenses from the burial and funeral
- Pain and suffering, which includes your emotional distress
- Lost income that the deceased would have earned if they lived a full life
- Lost services that the deceased would have provided if they lived a full life (such as housekeeping tasks)
- Lost spousal companionship (if survived by spouse)
- Lost guidance and care (if minor children are among survivors).
Pursue your full compensation by choosing the DeBerard firm. We apply meticulous investigation, diligent evidence-gathering, and witness testimonies from various experts in our network. Our goal is for you to receive the true value of your claim, not just the quick offers of the insurance company. Our tenacious and seasoned wrongful death lawyers will work for your full compensation through insurance negotiations, or if necessary, through a court case.
Throughout the process, we’ll stay close and accessible to you, with kindness and understanding so you don’t have to be stressed by the case.
Time Limit for Suing for Wrongful Death in Florida
Florida, like every other state, has a Statute of Limitations, a law that specifies a time limit for filing a lawsuit. For lawsuits on wrongful death, the general statute of limitations is two years from the date of death. Past the two-year window, you could likely waive your right to sue.
It may seem like two years is ample time to file suit, but delays have cost many families their claim. Even if you’re only pursuing an insurance settlement currently, you’ll want to be guided by an attorney early on to avoid costly mistakes. You lose nothing by getting a free consultation with Philip DeBerard, Injury Attorney. Your consultation is free, and you’ll be discussing with a sympathetic lawyer who will offer clear, knowledgeable legal advice.
Contact Philip DeBerard, Wrongful Death Attorney in Palm Beach County Today
Philip DeBerard, Injury Attorney garnered top votes as the Best Injury Lawyer on the Treasure Coast according to TCPalm. Our office is noted in South Florida for superior legal representation that’s tenacious when facing insurers and defendants, but genuinely caring when dealing with clients. We have obtained millions of dollars in awards and settlements on behalf of Florida families who suffered from the actions of others.
Schedule a free consultation with us about your loved one’s case. You won’t owe us any lawyer fees until we’ve obtained compensation for you. Dial us today at 1-800-299-8878.
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