It goes without saying that there are very few things that hurt more than the unexpected loss of a loved one. Learning that your family member lost their life as a result of another person’s careless, reckless, negligent, or deliberate actions only makes the situation even more difficult to accept.
In Florida, the term wrongful death is defined as a death that is caused by another person, persons, or a company’s wrongful action. This wrongful act can be an act of negligence, omission, or by default. Thousands of people in the state of Florida lose their lives each year because of the negligent, reckless, and sometimes deliberate actions of others.
A wrongful death lawsuit in Florida can be based on simple negligence, such as a car crash or a motorcycle accident. There are other wrongful death lawsuits that can be much more complicated, such as medical malpractice, nursing home abuse, or medical mistakes.
If someone you love was killed because of a person, persons, or company’s negligence or intentional action, Florida law says you may be entitled to compensation. Because the deceased victim is no longer alive to provide testimony about the circumstances surrounding and leading up to their accident, these claims are sometimes difficult to prove.
Our knowledgeable and compassionate Boca Raton wrongful death lawyer at Your Damage Lawyer, PLLC, has more than a decade of Florida personal injury law experience and will make sure that you get full and fair compensation for the death of your loved one.
Schedule your initial consultation by calling our firm at (561) 564-0233 today.
In Florida, death is considered wrongful when it has been caused by negligence, wrongful act, default, or breach of contract of another party or other entity. When a person loses their life in a wrongful death incident, surviving relatives may be entitled to substantial compensation.
However, it must be proven that a party other than the deceased victim was at fault for the accident. For example, things like public transportation and ridesharing have become go-to services for people looking to travel around Southern Florida. Unfortunately, many accidents can and do occur because of these conveniences. If the company or driver of the vehicle is not shown to be at fault for the accident, however, then there is no claim to be filed against them.
It is important to understand that in Florida, only certain family members are able to file a wrongful death claim on behalf of a decedent. In some cases, the personal representative may be named in the decedent’s will or estate plan.
If no person is designated by the decedent, a court can designate a representative. In Florida, wrongful death claims are filed by the representative. They are only to be filed on behalf of the decedent’s estate and any surviving family members. When filing a wrongful death claim in Central Florida, the personal representative must name every surviving relative who has an interest in the legal case.
Some family members who may recover compensation through the filing of a wrongful death claim include:
Children who are born to unmarried parents are often able to recover compensation after the loss of a parent. However, if the child’s father passes away, the child is only able to recover compensation if the father had formally recognized the child as his own prior to their passing. Furthermore, the father had to have had an obligation to contribute to the support of the child.
If you are not sure whether you are able to file a lawsuit on behalf of your deceased loved one, contact a Boca Raton wrongful death attorney at Your Damage Lawyer, PLLC, as soon as possible to find out. Our legal team is always available to meet with you, so call today to speak with a skilled attorney and schedule your free consultation.
A wrongful death lawsuit is much like any other civil lawsuit, except for the fact that the defendant’s actions caused the death, not just a personal injury or other damages. Wrongful death claims can result from any type of accident, really.
These are some of the most common wrongful death cases that are filed in Florida:
We know that the last thing on your mind after losing someone close to you is taking legal action against the party or parties who are responsible for the accident that took their life. We understand that no amount of monetary compensation will ever take the place of or make up for the loss, especially if your loved one was the primary provider for you and your family. You are going to need money to help you and your family have a future.
For over a decade, our caring and compassionate Boca Raton wrongful death attorney Chad J. Robinson has helped surviving family members get the justice and compensation they are entitled to after the negligent death of a loved one. We care about our clients and understand what they are going through, which is why we always provide skilled and effective legal guidance so you can focus on rebuilding your and your family’s future.
A wrongful death lawsuit is separate from a criminal prosecution of the party or parties who are responsible for the victim’s death. For instance, an intoxicated driver may be arrested and charged by the police and may be criminally prosecuted because they caused a fatal crash. The intoxicated driver may also be held liable by the surviving family members of the deceased victim. They do this by filing a Florida wrongful death claim where they demand financial compensation from the intoxicated driver’s insurance company.
Some Florida wrongful death claims do not involve the criminal prosecution of the party or parties who are responsible for the fatal accident that killed the victim.
Here are some examples of Florida wrongful death accidents:
The state of Florida has the highest drowning death rate in the nation among children ages one to four years old. Given the vast number of swimming pools, ocean access, and beaches, these unexpected incidents continue to wreak havoc for families across our state
Every year, more than 40,000 people lose their lives in slip and fall accidents throughout the United States. Hundreds of people in our state suffer fatal injuries in slip and fall accidents due to the sheer negligence of property owners and managers
More than 2,400 people lose their lives in various car accidents all over the state of Florida every single year. Roughly 80% of fatal collisions are caused by the reckless and negligent actions of careless drivers. When someone loses their life during a car crash in Boca Raton, Orlando, Palm Beach, or anywhere around Southern and Central Florida, due to the actions of another party, it is then crucial for bereaved families to seek justice as soon as possible
The Sunshine State is the perfect place to enjoy a motorcycle cruise. Unfortunately, more than 600 motorcyclists lose their lives in traffic-related incidents each year. While most motorcyclists are careful and considerate, other reckless and negligent drivers frequently trigger collisions
Unlike other motor vehicle accidents, Florida bus accidents commonly result in severe injuries to many people all at once. Although we expect bus drivers to be skilled and competent, this is not always the case, as hundreds of people are killed in bus accidents because of negligent operators
Commercial vehicle accidents claim the lives of more than 4,000 people across the country each year. These large and heavy vehicles are likely to cause severe and fatal injuries in collisions. When drivers speed, engage in reckless behaviors, or drive drowsy, the chances of catastrophic and fatal collisions are drastically increased
Every year, laws, rules, and regulations are put in place to protect people traveling along our roadways while outside of vehicles. Regrettably, we continue to see innocent victims lose their lives due to the actions of others. Collectively, pedestrian and bicycle accidents claim the lives of around 500 people each year in our state
We have seen a dramatic increase in the number of rideshare vehicles entering Florida roadways. These accidents are often complex since multiple insurance companies argue liability
At Your Damage Lawyer, PLLC, we understand that there is no easy way to deal with the unexpected loss of a beloved family member. There is no way to prepare for the mental, emotional, and financial consequences that surviving relatives are forced to endure, and our compassionate team understands that.
We are devoted to helping surviving family members move on while they honor the lives of their deceased loved ones. Regardless of what type of accident your loved one lost their life in, you need effective and trusted representation to ensure that your best interests and legal rights are safeguarded as swiftly as possible. Our compassionate wrongful death lawyers in Boca Raton can help.
Wrongful death claims are filed in civil court in the state of Florida. The liability of wrongful death claims is expressed in terms of financial damages endured by the surviving relatives of the deceased.
Florida Statutes § 768.21 outlines the rules for awarding damages in Florida wrongful death lawsuits that are filed in a timely manner. In general, entitled parties can recover compensation for both economic and non-economic damages.
Some of the recoverable damages include:
A skilled Boca Raton attorney can help surviving family members understand which damages are recoverable and guide them through the wrongful death claim process.
If you are considering whether you should file a wrongful death claim anywhere in the state of Florida, we can help. Call us today to schedule your free consultation with our Boca Raton wrongful death lawyer at Your Damage Lawyer, PLLC. We can help you better understand all the legal options available to you. We will also make sure that you know what is expected of you throughout the duration of a Florida wrongful death claim.
