West Palm Beach Wrongful Death Lawyer
It’s agonizing when a loved one dies, more so if they died because of someone else’s negligence or recklessness or ill-advised actions that resulted in a casualty. When this happens, Florida law allows survivors or dependents of the deceased to file a wrongful death claim versus the responsible party. While no amount of money can ever replace the life lost, a winning wrongful death claim can provide much-needed compensation and also a sense of justice to the bereaved.
If you’re the child, parent, spouse, or close loved one of the deceased, reach out to a trusted wrongful death attorney. In the West Palm Beach area, the legal team of Philip DeBerard, Injury Attorney is trusted by the community because of our firm’s successful track record combined with family-like care for our clients. We can counsel you on your lawful rights and fight for the recoveries you’re entitled to, while treating you with genuine consideration during this trying time.
Talk to one of our attorneys for free to find out how we can help you. We won’t charge you any legal fees until we’ve obtained compensation for you.
What Makes a Wrongful Death Case in Palm Beach County?
Various forms of negligence lead to avoidable deaths in the West Palm Beach area.
Kinds of accidents that result in wrongful death actions include automobile, bike or motorcycle accidents, truck wrecks, pedestrians getting struck, job-related accidents, medical malpractice, birthing injuries, and accidents involving defective products.
Not all fatalities can be reason for a wrongful death claim. If you believe that someone else is responsible for your loved one’s demise, you should get a case evaluation from a wrongful death lawyer to see if you can pursue a claim. In our legal system, a wrongful death claim needs to establish the following elements:
- The liable party had to have a duty of care towards the deceased. In legal parlance, “duty of care” refers to the obligation to behave with expected care around others. To give some examples, a motorist has the duty of care to drive safely on the road, and a building owner has the duty to keep their premises are secure enough for guests.
- The at-fault party failed their duty of care. For instance, in car accidents, breaching or failing the duty of care can be exceeding the speed limit, drunk-driving, and failing to obey traffic signs.
- The failed duty directly resulted in the death. With your attorney, you’ll need to establish that the fatality was caused by the at-fault party’s carelessness, and not, for instance, by a previous injury or health condition.
- The death resulted in actual damages. Damages are losses you endured in connection to your loved one’s tragedy. These can be financial, emotional, and physical losses, such as related medical costs and loss of companionship.
Count on us at Philip DeBerard, Injury Attorney to assess your claim. When we work on your claim, we’ll commit our legal knowledge and strategies to build a solid, effective case for you.
Who Can File a Wrongful Death Claim in Florida?
In Florida, a person with legal standing may make a wrongful death claim which has to be on behalf of all survivors and dependents of the deceased. Typically, parties with legal standing are direct family members of the victim, such as their spouse, children, parents, and other dependent parties. If the victim had already appointed a personal representative, this representative can also initiate for wrongful death on behalf of survivors.
The term “survivors” means persons who depended on the decedent’s material or emotional support. The party who files the wrongful death claim will list all the survivors having an interest in the case, and if the case is successful, the compensation will be divided among them.
West Palm Beach Wrongful Death: What Are You Entitled To?
Your loved one’s untimely passing likely caused you financial and emotional burdens, and Florida law addresses both. By filing wrongful death, you may demand compensation (or “damages”) for the economic and non-economic losses you suffered, such as these:
- Medical costs due to the pre-death injury
- Costs from the funeral and burial
- Pain and suffering, such as your emotional distress
- Lost earnings that the deceased could have earned if they lived a full life
- Lost services that the deceased could have done if they lived a full life (e.g. housekeeping tasks)
- Lost matrimonial companionship (if spouse is among survivors)
- Lost care and guidance (if survivors include minor children).
Maximize your compensation by working with the DeBerard law firm. We use comprehensive investigation, diligent gathering of evidence, and witness testimonies from established experts. Our goal is for you to receive what you’re really entitled to, not just what the insurance company is quick to offer you. Our fearless and proficient wrongful death lawyers will fight for your full compensation through insurance negotiations, or if necessary, through courtroom trial.
Throughout the process, we’ll stay in close contact with you, with understanding and compassion so you don’t get stressed about the case.
Time Limit for Filing a Wrongful Death Lawsuit in Florida
Florida’s Statute of Limitations is a law that puts 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. If you miss the two-year period, you may likely forfeit your right to sue.
This time frame may sound like ample time to file suit, but delays have cost some families their claim. Even if you’re only looking to get an insurance settlement for now, you’ll want to have a lawyer’s counsel early on to avoid costly mistakes. You lose nothing by getting a free consultation with Philip DeBerard, Injury Attorney. We don’t charge for your initial consult, and you’ll be talking with an understanding lawyer who will offer clear, sensible legal advice.
Call Philip DeBerard, Wrongful Death Attorney in Palm Beach County Today
Philip DeBerard, Injury Attorney won the vote as the Best Personal Injury Lawyer on the Treasure Coast by TCPalm. Our office is recognized in South Florida for excellent legal representation that’s hard-hitting when facing insurers and defendants, but sincerely caring when dealing with clients. We have won millions of dollars in awards and settlements on behalf of Floridians who suffered from the fault of others.
Consult with us for free about your loved one’s case. You won’t be charged any lawyer fees until we’ve won compensation for you. Dial us today at 1-800-299-8878.
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