Wrongful Death Attorney in Palm Beach Gardens

Under Florida Statute §768.19, wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another party. This law provides a legal remedy for the families and estates of those who die due to someone else’s careless or intentional conduct.

Wrongful death claims in Palm Beach Gardens often arise from a variety of tragic incidents. Fatal auto accidents involving cars, trucks, motorcycles, or pedestrians are unfortunately common. Medical malpractice, such as surgical errors or misdiagnosis at hospitals like Jupiter Medical Center or other local clinics, can also lead to fatal outcomes. Additionally, wrongful death claims may stem from neglect or abuse in nursing homes or assisted living facilities, which can be especially heartbreaking for families. Construction site accidents, workplace incidents, or violent acts due to inadequate security or criminal behavior may also result in wrongful death cases.

It’s important to understand that wrongful death claims are separate from any criminal proceedings. While a criminal case might lead to penalties or imprisonment, a wrongful death lawsuit is focused on securing compensation to support the surviving family members and cover losses related to the death.

In Florida, the right to file a wrongful death claim lies with the personal representative of the deceased person’s estate. This individual is often appointed by the probate court and has the legal authority to act on behalf of the estate.

Although the estate representative files the claim, the benefits and damages recovered are intended for the surviving family members. Eligible survivors typically include the spouse, children, and parents of the deceased. In some cases, other dependents or blood relatives who can prove they relied financially or emotionally on the deceased may also be entitled to compensation. This can include adoptive siblings or other family members who were dependent on the decedent’s support.

Navigating the roles of estate representatives and survivors can be complicated, especially during a time of grief. Our accidental death attorneys in Palm Beach Gardens are experienced in guiding families through this process, ensuring that the correct parties are involved and that the claim is handled in accordance with Florida probate law and wrongful death statutes.

Compensation to the Estate

Damages awarded to the deceased’s estate typically cover financial losses directly connected to the final injury or illness. This includes medical bills incurred prior to death, costs related to emergency care, hospital stays, and treatments. The estate may also seek compensation for the pain and suffering the deceased experienced before passing, recognizing the physical and emotional toll of the injury. Lost wages from the time of injury to death can be recovered as well, ensuring that any income the deceased would have earned during that period is accounted for.

Compensation to Surviving Family Members

The law recognizes that wrongful death affects more than just the estate; it profoundly impacts surviving loved ones. Family members may be entitled to damages that help cover funeral and burial expenses, which can be a significant financial burden during a difficult time. Additionally, compensation may be awarded for the loss of future financial support that the deceased provided. This can include income, services, and assistance that the family relies upon for their daily needs.

Beyond financial considerations, surviving family members may receive damages for loss of companionship, which acknowledges the emotional pain and suffering caused by losing a spouse, parent, or child. This type of compensation can cover mental anguish, grief, and the disruption of family life resulting from the death.

Punitive Damages

In cases where the wrongful death resulted from gross negligence, reckless behavior, or intentional harm, the court may award punitive damages. These are designed not only to punish the responsible party but also to serve as a deterrent to prevent similar conduct in the future. Punitive damages are not awarded in every case and are subject to specific legal standards under Florida law.

Wrongful death cases are often complex and emotionally charged. It is essential to have an attorney who is not only knowledgeable in Florida wrongful death law but also compassionate toward your family’s unique situation.

An experienced attorney will conduct a thorough investigation of the incident, including gathering police reports, medical records, and witness statements. They will collaborate with experts such as accident reconstruction specialists, medical professionals, and financial analysts to build a strong case.

Establishing negligence requires proving duty, breach, causation, and damages, which can be legally intricate. Skilled PBG wrongful death lawyers will also accurately assess the value of your claim, considering both economic and non-economic damages to ensure you receive full and fair compensation.

Negotiations with insurance companies and opposing parties often involve high stakes and tactics that can be overwhelming for individuals without legal training. Your attorney will handle these negotiations to protect your interests and will prepare the case for trial if necessary.

Our firm’s attorneys are board-certified in civil trial law, demonstrating their expertise and commitment to high standards. Leadership roles in the Palm Beach County Trial Lawyers Association and memberships in prestigious organizations highlight our dedication to wrongful death cases. We approach every case with the respect and attention grieving families deserve, offering trauma-informed support throughout the legal process.

Most importantly, we work on a contingency fee basis. This means you pay no fees unless we recover compensation for your family, removing financial barriers to accessing justice.

What is considered wrongful death in Florida?
Wrongful death under Florida law happens when someone dies because of another’s negligent, reckless, or intentional actions. Florida Statute §768.19 allows certain family members to bring civil claims seeking damages related to the death.

Who can bring a wrongful death lawsuit?
The personal representative of the deceased’s estate must file the lawsuit. This person acts on behalf of surviving relatives, including spouses, children, parents, and other dependents who can show reliance on the deceased.

How long do I have to file a wrongful death case?
Generally, wrongful death claims must be filed within two years from the date of the person’s death. There are very limited exceptions, making timely action crucial.

Can children or parents recover damages?
Yes, children and parents can recover damages under Florida law, especially when they were dependent on the deceased for support. Minor children are typically eligible for compensation related to loss of support and companionship. Parents may file claims for the death of a minor child or, in certain cases, for the death of adult children without surviving spouses.

Are punitive damages available in Florida wrongful death cases?
Punitive damages are awarded only in cases where the defendant’s conduct was willful, wanton, or grossly negligent. These damages are intended to punish the wrongdoer and deter similar future conduct, but are not awarded routinely.