If your loved one died because of another party’s wrongful action or negligence, you may be able to recover compensation for damages by filing a wrongful death claim. Although no amount of money can atone for the death of someone dear to you, financial compensation can help alleviate some of the worries and burdens caused by their death.
The compassionate Palm Beach wrongful death lawyers at Rosen Injury Law have helped recover numerous seven- and eight-figure settlements and verdicts for injury clients and their families. We have the experience, skills, and resources to investigate accidents, identify all causes and potentially liable parties, and hold them accountable for their actions.
If you have lost a loved one due to another party’s fault, we want to help you. Call (954) 466-1114 or complete the short form on our contact page to schedule a free consultation to discuss your rights.
Why Clients Trust Rosen Injury Law
- Experience. Our Palm Beach personal injury lawyers have over two decades of experience protecting the rights of injury victims and their families.
- Compassion. At Rosen Injury Law, we understand that financial compensation cannot bring back your loved one or mend your broken heart. But we want to help you get the justice and financial compensation you are owed to help ease some of your burdens after the tragedy of losing someone dear to you.
- Integrity. We won’t take your case if we don’t believe it has merit and that we can help you get the compensation you are owed.
What Qualifies as a Wrongful Death in Palm Beach?
Wrongful death is any death caused by the intentional, negligent, or wrongful action or inaction of another person or entity.
Florida Statutes §768.19 provides:
“Right of action. – When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensured, the person or watercraft that would have been liable in damages if death had not ensured shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”
So, if the deceased person had the right to file a personal injury claim if they had not died, their death is probably considered a wrongful death, and their survivors may be able to recover damages through a wrongful death claim.
Do I Have the Right to File a Palm Beach Wrongful Death Claim?
As outlined in Florida Statutes §768.20, the decedent’s personal representative has the right to file a wrongful death action seeking damages on behalf of the decedent’s survivors and estate.
The survivors who may be entitled to damages recovered in a wrongful death claim are listed in Florida Statutes §768.18(1):
“Survivors means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of he father unless the father has recognized a responsibility for the child’s support.”
The decedent’s representative may be designated in the decedent’s Will or may be appointed by the court. The surviving spouse or next of kin is often designated the personal representative.
What Compensation Can I Recover in a Palm Beach Wrongful Death Claim?
In a successful Palm Beach wrongful death claim, damages may be recovered for:
- The funeral and burial expenses.
- Medical costs incurred before death due to the accident or incident that resulted in death.
- Lost wages and support.
- Loss of inheritance.
- Pain and suffering.
- Loss of guidance and care.
- Loss of companionship.
At Rosen Injury Law, our Palm Beach accident attorneys help ensure all damages are included and valued accurately to maximize compensation.
What Causes Most Palm Beach Wrongful Deaths?
Any number of accidents and events could lead to a wrongful death. Some of the most common causes of wrongful death in Palm Beach include:
- Motorcycle accidents.
- Boating accidents.
- Truck accidents.
- Workplace injuries.
- Aviation accidents.
- Nursing home abuse and neglect.
- Slip and fall and other premises liability injuries.
- Defective product accidents.
- Medical malpractice.
- Violent acts, including domestic abuse.
- Dog and other animal attacks.
We scrutinize the details of every wrongful death to help determine all contributing factors and potentially liable parties.
What If the Decedent Was Partially At Fault?
Florida follows a modified comparative fault model, as outlined in Florida Statutes §768.81. If your loved one was no more than fifty percent at fault in the accident or event that caused their death, you may still be able to recover damages from the other at-fault parties.
However, your compensation will be reduced by the percentage of fault assigned to the decedent. For example, if your loved one is found to be 30% at fault and damages total $100,000, you may still recover $70,000 after deducting the decedent’s percentage of fault.
What is the Time Limit for Filing a Palm Beach Wrongful Death Lawsuit?
The statute of limitations sets the time limit for filing a wrongful death claim. Florida Statutes §95.11(5)(e) establishes a two-year statute of limitations for wrongful death claims. This means you generally must file the claim within two years of the decedent’s death.
There are rare exceptions to the two-year deadline. So, you must consult an experienced Palm Beach wrongful death lawyer as quickly as possible.
Can I File a Palm Beach Wrongful Death Lawsuit Myself?
While you could file a wrongful death lawsuit yourself, it is not advisable. An experienced Palm Beach wrongful death lawyer will have the skills and resources to help you recover the full damages you are entitled to.
Being represented by an experienced Palm Beach wrongful death lawyer significantly increases your chances of a successful outcome. They can also provide peace of mind during the dark days after the wrongful death of a loved one.
Schedule a Free Consultation With a Palm Beach Wrongful Death Lawyer
If your loved one died due to another party’s fault, you may be entitled to recover damages by filing a wrongful death claim. While no amount of money can compensate for the loss of your loved one, financial compensation does help ease some of the burdens caused by their death.
At Rosen Injury Law, our compassionate Palm Beach wrongful death lawyers can help you seek justice and recover the compensation you are entitled to. Let us help you. Call (954) 466-1114 or visit our contact page and schedule a free consultation. We will listen to your story, answer your questions, and explain your rights. If we take your case, we will work tirelessly to recover the full financial compensation you are owed.