Boca Raton Wrongful Death Lawyer
Have you lost your loved one recently? Are you wondering whether or not it may be a wrongful death? Regardless of the cause of death, you need to follow up on a compensation claim, if you feel your loved one didn’t deserve to die or if it was caused by the negligence of someone else.
Well, if you are looking for the best wrongful death lawyer in Boca Raton, we are here to help. At Steinberg Law, we are experts in wrongful death cases. Our Boca Raton wrongful death lawyers are ready to make sure that we establish the negligence that caused the death of your loved one. Call us now at 561-630-0053 and let us start working on your case immediately.
How Is Wrongful Death Defined In Florida?
In Florida, a death may be classified as a wrongful death if it was caused by the default/breach of contract or warranty, negligence, or a wrongful act by another party or entity. If a person dies due to the legal fault of another person due to negligent driving, medical malpractice, intentional acts, or a defective product, this is classified as wrongful death.
The death of a spouse, child, or parent is always a difficult and traumatic experience. But when you know that loss is the result of someone else’s wrongful act, that only makes the process of moving on with your life even more difficult. While money can never reverse or undo the death of your loved one, it can help provide a measure of peace to hold the responsible persons financially accountable for their actions. The Boca Raton wrongful death lawyers at Steinberg Law can represent you in seeking such accountability. If your family member’s death was the result of a negligent or criminal act, we will fight to ensure you receive justice.
Who Is Qualified To File Claim For Wrongful Death In Florida?
The death of a loved one can lead to a lot of grief and upheaval, especially if it was caused by someone else’s negligence. However, the closest relatives are bound to feel the most pain and financial loss due to the unexpected death of their loved one. Yes, relatives may be able to recover these losses by filing a wrongful death claim but only certain and specific family members are legally allowed to file the claim and benefit from the damages awarded.
In Florida, if you are the personal representative of the estate of the deceased person, you are legally allowed to file a claim for wrongful death. You may have been selected as the representative before the person passed away or in their will or estate plan. Additionally, you may be appointed as the representative after the death of your loved one, especially if they died without an estate plan or will.
The compensation from the wrongful death lawsuit will be paid to the victim’s estate to benefit the dependents and survivors. As the representative, you are allowed to name every person who may benefit from the claim. The damages will be distributed according to the inheritance laws in Florida to guarantee that the close family members are provided for after their loved one has passed. Beneficiaries of a wrongful death claim in Florida include the spouse, children, parents, and dependent family members or children of unmarried parents.
What Compensation Is Available in a Florida Wrongful Death Claim?
Florida law defines a wrongful death as once caused by the “wrongful act, negligence, default, or breach of contract or warranty” by another person or legal entity. Wrongful death is separate from any criminal liability in connection with the victim’s death. This means that the victim’s estate can file a civil wrongful death lawsuit regardless of whether the defendant also faced criminal prosecution.
Indeed, in a wrongful death claim, the victim’s estate does not have to prove the defendant intended to kill the victim. Like other types of personal injury cases, a defendant can be held liable if they were negligent–that is, they violated some duty of care owed to the victim under the law. This can be something as simple as causing a fatal traffic accident by running a red light. But it can also cover intentional criminal acts, such as murder.
Unlike most personal injury lawsuits, however, the primary function of a wrongful death claim is to compensate the victim’s family and estate rather than the victim. Under Florida law, the victim’s family can seek damages for the following:
- a spouse’s loss of the victim’s companionship, protection, and financial support;
- a child’s loss of parental instruction and guidance;
- the family’s mental pain and suffering due to the victim’s loss; and
- reimbursement for any final medical or funeral expenses paid by family members.
Additionally, the victim’s estate may recover compensation in a wrongful death claim for any economic losses incurred by the victim from the date of their injury until their death, as well as any medical or funeral expenses that were paid directly by the estate.
What Types Of Damages Are Recoverable In A Wrongful Death Claim In Florida?
If your wrongful death claim is successful in Florida, the court will demand that the defendant should pay damages to compensate for the loss of your loved one. These damages are categorized into the following.
Damages Awarded To The Deceased’s Family
- Loss of service and support offered by the loved one
- Loss of companionship and protection.
- Mental pain and suffering.
- Loss of parental companionship, guidance, and instruction
- Medical and funeral expenses paid by the surviving family members.
Damages Awarded To The Deceased’s Estate
- Lost wages, benefits, and any other earnings from the date of the deceased’s injury to the date of their death.
- The value of benefits and earnings the deceased was expected to retain as savings and leave as part of their estate if they had lived
- Medical and funeral expenses paid by the estate.
Can Surviving Family Members File For Punitive Damages In Florida?
In some wrongful death claims where there is reckless, intentional, and malicious conduct, the court may also award punitive damages to the surviving family members. Punitive damages are meant to punish the defendant for their behavior that lead to the wrongful death of someone else. Note that, there is a limit to the total amount of punitive damages that may be recovered in a wrongful death claim in Florida.
How Is Negligence Proved In A Wrongful Death Case In Florida?
Proving a wrongful death claim in Florida involves the following pillars.
Duty
You need to prove that the defendant owed a duty of care to the deceased in the particular situation.
Breach Of Duty Of Care
Secondly, you need to prove that the defendant breached that owed duty of care. It may have been done through a specific action or lack of action that anyone else in a reasonable state of mind would have acted appropriately.
Damage
Here, you need to prove that the breach of duty of care by the defendant directly resulted in the death of your loved one.
Causation
Lastly, you need to prove that the death of your loved one resulted from the defendant’s actions and that nothing else caused it.
Well, at Steinberg Law, it is our job to bring these pillars into action. We are here to prove that your deceased loved one wouldn’t have died if the defendant took the appropriate care. Call us now and let us start working on your wrongful death claim in Florida immediately.
What Is The Difference Between A Wrongful Death Claim And An Estate Claim?
A wrongful death claim refers to where the surviving family members seek compensation for damages suffered due to the death of their loved one. On the other hand, an estate claim refers to a claim where the representative of the deceased person’s estate will seek damages owed to the decedent. In Florida, surviving family members may file one type of claim.
At Steinberg Law, we are here to help you file the right wrongful death claim for your loved one. We will take you through the process to make sure you file the claim properly to avoid nullification. Call us now and let us start working on your case immediately.
When Do You Need To File A Claim For Wrongful Death In Florida?
As with all Florida personal injury claims, there is a statutory deadline to file a wrongful death lawsuit. The current statute of limitations is 2 years from the date of the victim’s death. This deadline does not apply, however, to wrongful death cases based on an “intentional tort” such as murder or manslaughter. In such cases, there is no time limit to bring a wrongful death lawsuit, even if the defendant has not been criminally charged in connection with the victim’s death. If you need additional legal advice or representation in connection from an experienced Boca Raton wrongful death attorney, contact Steinberg Law today to schedule a consultation.
What Can A Boca Raton, FL Wrongful Death Lawyer Do For You?
Are you wondering whether or not you need the services of a wrongful death lawyer? Well, if you hire Steinberg Law for a wrongful death claim in Boca Raton, FL, you can expect the following services.
- First, we will help you gather evidence to support the wrongful death defense after the death of your loved one. We will handle any necessary investigations and talk to witnesses to make sure your claim is bulletproof.
- Secondly, we will help determine liability for the death of your loved one. We will identify the pillars of proving liability and identify the defendant in your case without fail.
- Lastly, we will represent you in court or in settlement negotiations to make sure that you are fully compensated for the death of your loved one.
We are here to help you legally as you recover from the unexpected death of your loved one. With our experience and expertise, you can rest assured that your case is in the best hands.
Wrongful death claims in Boca Raton, FL are a result of an unexpected death that may have been caused by negligence, criminal actions, or defective products. If you have recently lost your loved one, you may be feeling a little overwhelmed and grief-stricken. Even worse, you may not have an idea of where to start when it comes to filing a wrongful death claim.
Well, if you have lost your loved one in Boca Raton, FL, you need to work with the best wrongful death lawyers at Steinberg Law. Over the years, we have worked on numerous wrongful death claims. Therefore, we understand all the necessary actions we need to take to make your claim successful.
Contact Our Wrongful Death Lawyer In Boca Raton For Help
If you hire us immediately, you can rest assured that we will work diligently to make sure you receive the type of compensation you are owed after the death of your loved one. Also, we have worked with numerous insurance companies and prosecutors in Florida. Therefore, we have a working relationship that will help improve your chances of getting a successful claim in Boca Raton.
We at Steinberg Law are not out to take your money without a successful compensation claim. Therefore, when you hire us, we will work on a contingency basis. Here, you can rest assured we will only get paid if you receive your compensation. Therefore, you don’t have to worry about how much money you have to pay before we start working on your case. On the other hand, we will handle anything legally to give you the peace of mind to absorb the news about the death of your loved one. We are on your side and are ready to work on your case. Call our Boca Raton wrongful death attorneys today at 561-630-0053.
