Wrongful Death Attorney in Boca Raton
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 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 mistake.
If someone you love was killed because of a person, person’s, 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 wrongful death lawyer at Your Damage Lawyer by Chad J. Robinson, 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.
Who Can File a Wrongful Death Lawsuit in Florida?
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:
- The surviving spouse of the decedent
- The surviving children of the decedent
- The surviving parents of the decedent
- Any blood relatives who depending on the decedent, either in part or in
full, for support or services
- Any adoptive siblings who depending on the decedent, either in part or
in full, for support or services
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 Florida wrongful death attorney Your Damage Lawyer by Chad J. Robinson, 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.
Most Common Types of Wrongful Death Cases Filed in Florida
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 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 Florida 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.
Wrongful Death Accidents Are Civil Lawsuits
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 maybe 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
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:
Drowning Incidents: 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
Slip and Fall Accidents: 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
Car Accidents: 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
Motorcycle Accidents: 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
Bus Accidents: 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
Truck Accidents: 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
Pedestrian/Bicycle Accidents: 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
Rideshare Accidents: 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 by Chad J. Robinson, 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 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.
Recoverable Damages in a Florida Wrongful Death Case
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 Statute section 768.21 outlines the rules for awarding damages in Florida wrongful death lawsuits
that are timely filed. In general, entitled parties can recover compensation
for both economic and non-economic damages.
Some of the recoverable damages include:
- The loss of companionship, protection, and guidance provided by the decedent
- The mental and emotional pain and suffering families endure
- The value of support and services that were provided to surviving family
members by the decedent
- Lost wages, benefits, and other earnings that the decedent could have reasonably
earned throughout their lifetime
- Medical and funeral expenses that surviving relatives were forced to pay
for after enduring the loss of the decedent
- Medical and funeral expenses that were paid directly by the estate
- Lost prospective net accumulations of the estate or the potential value
of the earnings of the estate
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 Florida personal injury attorney at Your Damage Lawyer by Chad J. Robinson, 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.
Your Damage Lawyer by Chad J. Robinson, PLLC is Here for You During These Difficult Times
The unexpected loss of a loved one often creates overwhelming challenges
for those who are left to pick up the pieces of their shattered lives
and move forward. Losing a family member is truly one of the most challenging
things that anyone will ever face. These times are highly emotional and
often stressful for surviving spouses, children, parents, siblings, and
friends. It is crucial to understand, however, that this is not something
you have to go through alone.
Our knowledgeable team at Your Damage Lawyer by Chad J. Robinson, PLLC law firm is here to stand
by your side during these challenging times and fight to get you the justice
you deserve. Since 2005, our wrongful death attorney Chad J. Robinson
has helped guide bereaved families and protected their legal rights. We
will make sure that every responsible party is held accountable for the
death of your loved one.
If you lost a loved one in a Florida accident that was caused by the negligent
or reckless actions of another party, contact Your Damage Lawyer by Chad J. Robinson, PLLC today
to see how we can help you.
(561) 564-0233 to schedule a free, no-obligation consultation today.