Losing a loved one due to someone’s negligence is tough. LaBovick Law Group’s West Palm Beach Wrongful Death Attorneys can help you with compassion, expertise, and dedication.
Contact us for a free consultation to get the compensation you deserve and pursue justice.
4.8/ in +600 Google Reviews
Wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional actions of another individual or entity. In West Palm Beach, as in the rest of Florida, families of the deceased can file a wrongful death lawsuit to recover damages from the responsible party. The purpose of these lawsuits is to provide financial relief to the surviving family members and hold the at-fault party accountable for their actions.
In West Palm Beach, the personal representative of the deceased person’s estate is the one responsible for filing a wrongful death lawsuit. This representative is typically named in the deceased person’s will or appointed by the court. The lawsuit is filed on behalf of the deceased’s surviving family members, which may include:
It is crucial to be aware of the time limitations for filing a wrongful death lawsuit in West Palm Beach. Under Florida law, the statute of limitations for wrongful death cases is two years from the date of the person’s death. Missing this deadline can result in losing the right to pursue compensation. West Palm Beach wrongful death attorneys can help ensure that your claim is filed in a timely manner.
Wrongful death cases can arise from various circumstances, with each presenting unique challenges for the grieving family. Understanding the common causes of wrongful death in West Palm Beach can help families identify if they have a potential case and seek the help of experienced wrongful death attorneys.
West Palm Beach, like many other cities, sees its fair share of motor vehicle accidents. When a driver’s negligence, recklessness, or intentional misconduct leads to a fatal crash, a wrongful death lawsuit may be appropriate. This includes accidents involving cars, motorcycles, trucks, and pedestrians.
Medical professionals have a responsibility to provide a standard level of care to their patients. When a doctor, nurse, or other healthcare provider fails in this duty and causes the death of a patient, a wrongful death claim may be warranted. Common forms of medical malpractice include misdiagnosis, surgical errors, and medication mistakes.
Employers have a duty to maintain a safe work environment for their employees. If a fatal accident occurs due to the employer’s negligence or failure to comply with safety regulations, the surviving family members may have grounds for a wrongful death lawsuit. Common workplace accidents include falls, electrocutions, and heavy equipment accidents.
Property owners have a responsibility to keep their premises safe for visitors. When a person dies as a result of a hazardous condition on someone else’s property, a wrongful death claim may arise. Examples include slip and fall accidents, swimming pool accidents, and dog bites.
Manufacturers and sellers have a duty to ensure the products they put on the market are safe for consumers. When a person dies due to a defect in a product, such as a faulty automobile part or a dangerous pharmaceutical, the responsible party may be held liable for wrongful death.
The compensation awarded in a wrongful death settlement can vary greatly depending on numerous factors. Understanding these factors is crucial in ensuring you receive fair and just compensation for your loss.
The age and life expectancy of the deceased can have a significant impact on the amount of compensation awarded. Younger victims with longer life expectancies often result in higher settlements, as the financial losses related to their untimely death are more substantial.
The income and earning potential of the deceased play a major role in determining the value of a wrongful death settlement. Higher-income and better job prospects can lead to higher compensation for lost wages and future earnings.
The health of the deceased before the wrongful death incident can also impact the settlement amount. If the deceased had pre-existing health conditions that could have shortened their life expectancy or affected their earning potential, the compensation may be reduced.
The degree of negligence or misconduct demonstrated by the at-fault party can influence the value of the settlement. Cases involving extreme recklessness or malicious behavior may result in higher compensation or the addition of punitive damages.
The financial dependence of the surviving family members on the deceased can affect the settlement value. If the deceased was the primary breadwinner, the compensation for lost wages and financial support may be higher.
The emotional toll on the surviving family members can also factor into the settlement value. Higher compensation may be awarded in cases where the emotional impact is particularly severe, such as the loss of a parent to young children or the loss of a spouse.
The strength of the legal case can influence the settlement value, as a stronger case is more likely to result in a favorable outcome. Evidence, witnesses, and the quality of your West Palm Beach wrongful death attorney can all contribute to the strength of the case.
Before taking any legal action, it is crucial to consult with an experienced wrongful death lawyer. They can assess your case, advise you on the best course of action, and guide you through the legal process.
In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This individual is typically named in the will or appointed by the court if there is no will.
Working with your attorney, you will need to gather evidence to support your claim. This can include medical records, police reports, accident scene photographs, witness statements, and expert testimonies. Your attorney will also investigate the incident to determine the at-fault party’s negligence and establish the connection between their actions and your loved one’s death.
Once your lawyer has gathered sufficient evidence, they will draft and file a complaint with the appropriate West Palm Beach court. The complaint will outline the basis for your wrongful death claim, the damages you are seeking, and the legal arguments to support your case.
After the complaint has been filed, the defendant must be served with a copy of the lawsuit and given a specific period to respond, typically 20 days in Florida. If the defendant fails to respond within the given time frame, you may be able to obtain a default judgment.
During the pretrial discovery phase, both parties will exchange information and evidence related to the case. This can include written questions, document requests, and depositions. Your attorney may also attempt to negotiate a settlement with the defendant or their insurance company during this stage, potentially resolving the case without the need for a trial.
If a settlement cannot be reached, your case will proceed to trial. At trial, your West Palm Beach wrongful death attorney will present the evidence and argue your case before a judge or jury. The judge or jury will then determine whether the defendant is liable for your loved one’s death and, if so, the amount of damages to be awarded.
Wrongful death laws and regulations can vary across jurisdictions. West Palm Beach-based wrongful death lawyers have a deep understanding of the specific laws, statutes of limitations, and court procedures that apply to your case in Florida. This expertise is vital for building a strong legal strategy and ensuring your case is handled correctly.
Local attorneys have experience navigating the West Palm Beach court system and are familiar with the judges, court personnel, and opposing attorneys who may be involved in your case. This familiarity can be advantageous when it comes to resolving disputes, negotiating settlements, and presenting your case in court.
Working with a local West Palm Beach wrongful death attorney makes communication and meetings more convenient. When your lawyer is nearby, you can easily schedule face-to-face consultations, discuss your case’s progress, and address any questions or concerns promptly.
Local wrongful death lawyers in West Palm Beach are part of the community and have established relationships with various local resources, such as medical professionals, accident reconstruction specialists, and financial experts. These connections can be invaluable when gathering evidence, building your case, and obtaining expert testimony to support your claim.
Choosing a local West Palm Beach attorney for your wrongful death case often means receiving more personalized service and attention than you might get from a larger, national law firm. Your wrongful death attorney will be more invested in your case, understanding the impact on the community and the importance of seeking justice for your loved one.
Dealing with the devastating loss of a loved one is challenging enough, but when their death is a result of someone else’s negligence, it can be even more difficult to find closure and move forward. As you navigate the overwhelming emotions and financial burdens, it is essential to have a skilled and compassionate legal team by your side. LaBovick Law Group is here to provide the support and advocacy you deserve during this trying time.
Our experienced West Palm Beach wrongful death attorneys at LaBovick Law Group understand the pain, confusion, and frustration you may be experiencing. We are committed to providing personalized attention and empathetic guidance to help alleviate some of the pressure you’re facing. Our team will fight relentlessly to hold the responsible party accountable and secure the compensation necessary to cover medical bills, funeral costs, lost income, and emotional suffering.
Imagine having a dedicated legal partner who will be with you every step of the way, leaving no stone unturned in the pursuit of justice. At LaBovick Law Group, we pride ourselves on our unwavering dedication to our clients, our in-depth knowledge of West Palm Beach’s wrongful death laws, and our ability to navigate the complexities of the legal system. With us by your side, you can focus on healing and honoring the memory of your loved one, while we take care of the rest.
Reach out to LaBovick Law Group today and experience the difference that compassionate, dedicated, and skilled legal representation can make in your pursuit of justice. Together, we will honor your loved one’s memory and find the closure you and your family deserve.
To prove wrongful death in West Palm Beach, you need to establish four key elements:
This involves showing that the defendant owed a duty of care to the deceased, breached that duty, and that the breach directly caused the death. Additionally, the plaintiff must demonstrate that the death resulted in quantifiable damages.
There is no cap on economic damages (medical bills, funeral expenses, lost wages, etc.) in wrongful death cases in Florida. However, there used to be a cap on non-economic damages (pain and suffering, mental anguish) in medical malpractice-related wrongful death cases. In 2017, the Florida Supreme Court ruled these caps unconstitutional, which means that, currently, there is no specific cap on non-economic damages for wrongful death cases in the state.
In West Palm Beach, the personal representative of the deceased’s estate files the wrongful death lawsuit on behalf of the surviving family members. These may include:
The court will determine the distribution of compensation among the surviving family members based on their relationship with the deceased and the extent of their financial and emotional losses.
It is difficult to provide an average settlement for wrongful death cases, as the amount varies significantly depending on the unique circumstances of each case. Factors such as the deceased’s age, earning potential, medical expenses, funeral costs, the degree of the defendant’s negligence, and the financial and emotional impact on the surviving family members all contribute to the settlement amount.
