Understanding Wrongful Death Claims in Boynton Beach
In some cases, family members can demand compensation if their loved one died as a result of someone else’s actions. A wrongful death attorney can help navigate this difficult process, ensuring that you receive the justice and compensation you deserve.
Losing a loved one is one of life’s most devastating experiences. When that loss is caused by another person’s negligence, recklessness, or intentional actions, the pain is compounded by feelings of injustice and anger. Florida’s wrongful death laws exist to provide families with a legal avenue to seek accountability and financial compensation for their profound loss.
Important: Florida law imposes strict time limits on filing wrongful death claims. It’s crucial to consult with an attorney as soon as possible to protect your family’s legal rights.
What Constitutes a Wrongful Death Case?
A wrongful death occurs when a person dies due to the wrongful act, negligence, default, or breach of contract or warranty of another person or entity. Under Florida law, wrongful death claims can arise from various circumstances, including but not limited to:
- Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents caused by negligent drivers
- Medical Malpractice: Fatal errors by doctors, nurses, or healthcare facilities
- Workplace Accidents: Fatal injuries occurring on construction sites, industrial facilities, or other work environments
- Defective Products: Deaths caused by dangerous or defectively manufactured products
- Premises Liability: Fatal slip and fall accidents on unsafe property due to owner negligence
- Criminal Acts: Deaths resulting from assault, battery, or other intentional violence
- Nursing Home Abuse: Fatal neglect or abuse in care facilities
Who Can File a Wrongful Death Claim in Florida?
Florida’s Wrongful Death Act specifies who has the legal standing to file a claim. The personal representative of the deceased’s estate must file the lawsuit on behalf of the estate and the survivors.
Eligible Survivors Include:
- Surviving Spouse: May recover for loss of companionship, protection, and mental pain and suffering
- Minor Children: Can claim lost parental companionship, instruction, and guidance
- Adult Children: May recover if there is no surviving spouse
- Parents: Can seek compensation if the deceased was a minor or an adult child with no other survivors
- Blood Relatives or Adoptive Siblings: May recover in limited circumstances if they were partly or wholly dependent on the deceased
We’re Here to Help Your Family
Our compassionate wrongful death attorneys understand what you’re going through. Let us handle the legal complexities while you focus on healing.
Types of Compensation Available in Wrongful Death Cases
Florida law allows wrongful death claims to seek various types of damages to compensate for the losses suffered by survivors and the deceased’s estate:
Damages Recoverable by Survivors:
- Loss of Support and Services: Financial contributions the deceased would have provided to the family
- Loss of Companionship and Protection: The emotional support, guidance, and presence of the deceased
- Mental Pain and Suffering: The emotional distress experienced by survivors
- Loss of Parental Instruction and Guidance: For minor children who lost a parent
- Medical and Funeral Expenses: Costs incurred as a result of the death
Damages Recoverable by the Estate:
- Lost Earnings: Income the deceased would have earned throughout their expected lifetime
- Lost Benefits: Pension plans, retirement benefits, and other employment benefits
- Medical Expenses: Treatment costs incurred before death
- Pain and Suffering: The deceased’s own pain and suffering before death
The Wrongful Death Claims Process in Florida
Understanding the legal process can help families prepare for what lies ahead during this difficult journey:
1. Initial Consultation and Case Evaluation
Your attorney will review the circumstances of your loved one’s death, evaluate the strength of your case, and explain your legal options. This consultation is typically free and confidential.
2. Investigation and Evidence Gathering
Your legal team will conduct a thorough investigation, collecting evidence such as accident reports, medical records, witness statements, expert testimony, and any other documentation that supports your claim.
3. Appointment of Personal Representative
If not already appointed, the court will designate a personal representative for the estate to file the wrongful death lawsuit.
4. Filing the Lawsuit
Your attorney will draft and file a formal complaint in the appropriate Florida court, initiating the legal proceedings.
5. Discovery Phase
Both sides exchange information, take depositions, and build their cases. This phase can take several months to over a year.
6. Settlement Negotiations
Many wrongful death cases settle before trial. Your attorney will negotiate with the defendant’s insurance company or legal representatives to secure fair compensation.
7. Trial (If Necessary)
If a fair settlement cannot be reached, your case will proceed to trial where a judge or jury will determine liability and damages.
Florida’s Statute of Limitations for Wrongful Death Claims
Time is of the essence in wrongful death cases. Florida law generally requires that wrongful death lawsuits be filed within two years from the date of death. However, there are important exceptions:
- Medical Malpractice: May have different time limits and discovery rules
- Criminal Activity: The statute may be tolled (paused) during criminal proceedings
- Minor Children: Special rules may apply when minor children are involved
- Government Entities: Claims against government agencies have shorter deadlines and special notice requirements
Critical Deadline: Missing the statute of limitations deadline will likely result in your case being dismissed, permanently barring your family from seeking compensation. Contact an attorney immediately to protect your rights.
Why Choose a Boynton Beach Wrongful Death Attorney?
Working with a local attorney who specializes in wrongful death cases and understands Florida law provides significant advantages:
- Compassionate Support: Experienced in handling sensitive family matters with empathy and respect
- Legal Expertise: Deep understanding of Florida’s complex wrongful death statutes
- Local Knowledge: Familiarity with Boynton Beach courts, judges, and local legal procedures
- Investigation Resources: Access to expert witnesses, accident reconstructionists, and medical professionals
- Trial Experience: Proven track record of successful verdicts and settlements
- No Upfront Costs: Most wrongful death attorneys work on contingency, meaning you pay nothing unless you win
- Maximum Compensation: Skilled negotiation to ensure your family receives full and fair damages
Common Challenges in Wrongful Death Cases
Wrongful death litigation can be complex and emotionally draining. Families often face several challenges:
Proving Liability
Establishing that the defendant’s actions directly caused your loved one’s death requires compelling evidence and expert testimony. An experienced attorney knows how to build a strong case.
Calculating Damages
Determining the full value of a life lost involves complex economic and non-economic calculations, including future earnings, benefits, and the immeasurable value of companionship and guidance.
Dealing with Insurance Companies
Insurance adjusters work to minimize payouts. Having a skilled attorney negotiate on your behalf ensures you’re not taken advantage of during this vulnerable time.
Emotional Toll
The legal process can reopen wounds and prolong grief. A compassionate attorney handles the legal burdens, allowing you to focus on healing and remembering your loved one.
Take the First Step Toward Justice
No amount of money can bring back your loved one, but holding those responsible accountable can provide a sense of justice and financial security for your family’s future.
Frequently Asked Questions
How much does a wrongful death attorney cost?
Most wrongful death attorneys work on a contingency fee basis, typically ranging from 33-40% of the recovery. This means you pay no upfront fees, and the attorney only gets paid if your case is successful. All costs are usually advanced by the law firm and reimbursed from the settlement or verdict.
How long does a wrongful death case take?
Case duration varies significantly based on complexity, liability disputes, and settlement negotiations. Simple cases with clear liability may settle within 6-12 months, while contested cases that go to trial can take 2-3 years or longer. Your attorney can provide a more specific timeline based on your case’s unique circumstances.
What if my loved one was partially at fault for the accident?
Florida follows a modified comparative negligence rule. Even if your loved one bore some responsibility, you may still recover damages, though the amount will be reduced by their percentage of fault. If they were 51% or more at fault, recovery may be barred entirely. An attorney can evaluate how comparative negligence applies to your case.
Can I file a wrongful death claim if my loved one was killed by a drunk driver?
Yes. Deaths caused by drunk driving are among the most common wrongful death cases. In addition to compensation from the driver, you may also have claims against bars or restaurants that over-served the driver (dram shop liability) or against vehicle owners who negligently entrusted their vehicle to an intoxicated person.
What if there’s a criminal case against the person who killed my loved one?
Criminal and civil cases are separate proceedings. A criminal conviction can help your civil case, but you don’t need to wait for criminal proceedings to conclude before filing a wrongful death lawsuit. Your attorney can pursue both avenues simultaneously to maximize accountability and compensation.
How is compensation divided among family members?
Florida law specifies how damages are allocated among survivors based on their relationship to the deceased and their losses. The court determines the distribution, considering factors like dependency, age, and the nature of the relationship. Your attorney will explain how compensation is likely to be divided in your specific situation.
Moving Forward with Compassion and Justice
No legal outcome can truly compensate for the loss of a loved one. However, pursuing a wrongful death claim serves important purposes: it holds negligent parties accountable, prevents future tragedies, and provides financial security for your family during an incredibly difficult time.
The experienced wrongful death attorneys in Boynton Beach understand the profound grief and confusion you’re experiencing. They approach each case with sensitivity, compassion, and unwavering commitment to achieving justice for your family.
If you’ve lost a loved one due to someone else’s negligence or wrongful actions, don’t wait. Contact a qualified Florida wrongful death attorney today to discuss your legal options and protect your family’s rights. Time limits apply, and the sooner you act, the stronger your case will be. We also represent clients in car accident cases, personal injury matters, and other legal claims.