Accidental Death Attorneys in West Palm Beach, FL Helping You Find Justice in Palm Beach County and Throughout Florida
It's unspeakably tragic and devastating when you lose a loved one because someone else made a mistake or was careless. We offer our sincere condolences and promise that, if you let us help you, our West Palm Beach wrongful death lawyers will work tirelessly to get you the justice and compensation you want.
Of course, there is a long road ahead, and even winning maximum compensation won’t make it easy to bear the loss of a loved one. However, it helps to know the at-fault party has been held responsible, whether that’s an individual or a corporation. Accidental deaths are the fourth highest cause of mortality in the US, taking 224,935 lives in 2020 alone.
Sadly, many of these deaths could have been prevented. That’s why it’s vital to take steps against those responsible for the death of your loved one so that no one else has to die. Whether it’s a medical malpractice, car accident, construction accident, fire, or violence, let our accidental death attorneys in West Palm Beach, FL, fight for you.
Accidental Death Attorneys in West Palm Beach, FL Fighting for Victims in Palm Beach County and Throughout Florida
A wrongful death case is a type of legal remedy that the deceased’s next of kin can bring against the party responsible for the death. It’s a civil case (as opposed to a criminal one), meaning the defendant won’t be jailed. However, you can recover compensation to help in supporting the surviving family members.
In general, a wrongful death is one that occurs due to the negligence or misconduct of another person or agency. Examples are when a negligent driver causes a car crash, or a doctor causes the death of a patient.
In this case, negligence means failure to exercise the level of care that would be expected of a similar person in the same circumstances. For example, in medical malpractice cases, the question to answer is whether a similarly trained doctor would make the same mistake in the same circumstances. If not, then negligence is probably involved.
However, wrongful death cases can be much more difficult to win. Since the deceased can’t provide a statement, it falls to wrongful death attorneys' expertise, skill, and experience to prove the case.
Filing a Wrongful Death Case in Florida
According to Florida Statutes, a wrongful death case can only be filed by a representative of the deceased’s estate on behalf of the survivors, such as parents, children, spouse, or siblings. This is an advantage because it allows relatives like grandparents and guardians to file a case when they’re the only next of kin available.
A personal representative of the estate is the person authorized to carry out legal action on behalf of the estate and the descendants. They’re usually also named in the deceased’s will. If none is available, a court can appoint the surviving spouse or an adult child. The claim will list all the people who should benefit from any settlement money once the estate is settled.
The goal of a wrongful death claim is to compensate the survivors of a wrongful death so that they can be taken care of just as well as if the deceased were still alive. However, you need highly experienced accidental death attorneys in West Palm Beach, FL, who will fight for maximum compensation with dedication.
Accidental Death Attorneys in West Palm Beach, FL You Can Trust in Palm Beach County and Throughout Florida
The burden of proof in a wrongful death case rests on the party who brings it. This means it’s up to you and your lawyer to prove your claims, especially the main elements of the case such as:
- The defendant owed a duty of care to the deceased
- The defendant breached that duty of care through negligence or misconduct
- The breach of duty caused injury and death to the deceased
- Due to the wrongful death, the survivors warrant damages
Just as in other civil cases, you need “a preponderance of proof” to win the case. In other words, you must show that it’s more likely than not that your claims are true. The defense only has to introduce sufficient doubt to a jury, so it’s imperative to have a solid case with strong evidence.
That’s why you need a team of lawyers you can trust to put in the work and dedication necessary to win a wrongful death case in Florida. You need lawyers who aren’t afraid of taking your case to trial so that even if settlement negotiations fail, you can still win in court.
What Compensation Can You Win in a Florida Wrongful Death Claim?
In Florida, there are two types of damages that can be awarded in a successful wrongful death lawsuit. These include damages paid directly to the deceased’s estate, and damages paid to the family.
Damages paid to the estate include lost wages, the value of expected lifetime earnings and savings, and the value of medical and funeral expenses paid by the estate. Some of these may go toward paying debts and other obligations before the estate is settled.
Damages paid to the family include compensation for the loss and support of their loved one, loss of companionship, lost parental guidance, mental anguish, and suffering, as well as any expenses paid out by family members towards medical bills or the funeral.
Work With the Best Wrongful Death Attorneys in Palm Beach County
Due to the difficulty of litigating wrongful death cases, it's vital to have a team of attorneys to help you through the trial process. At Domnick, Cunningham, & Yaffa, we’re one of the most reputable law firms in Palm Beach County and throughout Florida for our high rate of success and reputation with our clients.
Part of our success is our commitment to take every case personally. You’ll work with one or more of our most experienced and skilled attorneys and a support team to ensure that you have all the help you need to get through this difficult period as we fight your case.
Talk to us today so that we can evaluate your case free of charge. We’ll help you with the next steps you need to take to file a winning wrongful death claim.