Wrongful Death Lawyers in West Palm Beach, FL

In a city as dynamic and densely populated as West Palm Beach, wrongful death cases often stem from preventable incidents involving multiple parties and complex liability.

Traffic Accidents

• Car crashes on major roads like I-95, Florida’s Turnpike, and PGA Boulevard
• Truck accidents involving commercial vehicles and 18-wheelers
• Motorcycle accidents, which are especially deadly for riders
• Pedestrian and bicycle fatalities in downtown and residential areas

Medical Malpractice

• Surgical mistakes and errors during medical procedures
• Misdiagnosis or delayed diagnosis resulting in fatal outcomes
• General medical malpractice by doctors, nurses, and healthcare facilities
• Defective products or dangerous drugs prescribed or administered by medical professionals

Workplace and Construction Accidents

• Construction site injuries, including falls from heights, equipment failures, and scaffolding accidents
• Workplace accidents in industrial, manufacturing, or corporate settings
• Slip and falls leading to fatal injuries, especially on job sites or poorly maintained properties

Premises Liability

• Slip and falls in commercial buildings, hotels, or public spaces
• Poorly maintained property, including hazards like broken stairs, unmarked dangers, or inadequate security
• Accidental drowning due to unsafe pools or water features

Product Liability
Defective and dangerous products can cause fatal injuries, especially when manufacturers or distributors fail to warn consumers:

• Defective products, such as faulty vehicles, malfunctioning equipment, or unsafe household items
• Dangerous drugs that cause fatal side effects or interactions

Wrongful death cases often involve powerful institutions with unlimited legal resources. We’re not intimidated. In fact, our unlawful death lawyers in West Palm Beach are built for these battles.

We regularly take on:

• Major Healthcare Systems like JFK Medical Center and large regional hospital networks
• Corporate Headquarters along the PGA Boulevard corridor and downtown business districts
• Government Entities such as the City of West Palm Beach and Palm Beach County agencies
• National Corporations, including trucking companies, product manufacturers, and chain retailers
• Insurance Giants with teams of adjusters and defense attorneys trained to deny claims
• Individuals whose reckless, negligent, or intentional actions cause death, including drunk drivers, violent offenders, and property owners who fail to provide adequate security

Every case is different, and the final amount of compensation awarded in a claim is determined by many contributing factors. If you are eligible to pursue a claim, some of the most common forms of recoverable damages include:

• Compensation for the lost income that the deceased would have provided
• Medical bills, funeral expenses, burial costs, and other expenses associated with a death
• Lost benefits such as insurance and retirement
• Pain and suffering
• Loss of emotional support
• The mental anguish of the decedent’s surviving family members
• Loss of companionship
• Loss of care, protection, and guidance a child or spouse would have received from the deceased
• Property damages
• Benefits the decedent was eligible for prior to death

State law lays out who can recover different types of damages; for example, minor children can recover compensation for lost parental companionship if there is no surviving spouse. Both parents of a deceased minor child may recover from mental pain and suffering from the date of the injury.

In cases where the wrongful death was the result of gross negligence or a reckless or intentional act, punitive damages may also be awarded. These damages are intended to punish the defendant and discourage others from engaging in similar behavior.

(Florida, unlike some other states, does not place a cap on the amount of compensation you can recover)

In Florida, the representative of the deceased’s estate has two years from the date of death to file a claim for damages. The statute of limitations for a survival action is also two years. However, it is important to be aware that there may be exceptions that could shorten that time frame.

We strongly recommend that you do not delay pursuing a claim. If you miss your deadline, you will be barred from making a claim for recovery. If you think your deadline may have already passed, it is still a good idea to contact one of our attorneys. There are some exceptions that may extend your filing deadline.

1. Initiating the Lawsuit
   The process starts when the personal representative of the deceased’s estate initiates the legal claim.
   The initial complaint must:
   • Identify all survivors with an interest in the case
   • Specify the relationship of each survivor to the deceased
   • Clearly outline the alleged negligent act, how it led to the death, and the damages being sought

   This sets the legal foundation for the entire case.

2. The Discovery Phase
   After filling, the discovery phase commences. During this period, both parties investigate the facts of the case. The process involves several essential steps, which we may assist with:
   • Collections of evidence. Parties collect evidence relevant to the case and share findings.
   • Depositions. Attorneys conduct depositions, questioning the witnesses and involved parties under oath. Depositions provide crucial insights that may not be evident in written reports or documents.
   • Interrogatories. Both sides submit written questions, known as interrogatories, requiring the other party to provide written answers under oath.
   • Requests for admission. These compel parties to deny or admit certain aspects of the case, helping to establish undisputed facts.
   • Expert testimonies. Expert witnesses, such as accident reconstruction specialists or medical professionals, may provide specialized insights into the causes and effects of wrongful death.

   This phase is essential for building a solid case, as the information gathered shapes the arguments and strategies used in potential negotiations or at trial.

3. Negotiation and Settlement
   Parallel to the discovery process, negotiations often occur between the parties involved in a wrongful death lawsuit. Characteristics of this phase include:
   • Settlement discussions. Attorneys from both sides engage in discussions to reach a financial settlement, aiming to compensate the plaintiff without proceeding to a potentially lengthy and costly trial.
   • Mediation. In some cases, a neutral third-party mediator may facilitate negotiations and help parties find common ground.
   • Assessment of damages. The plaintiff’s attorney calculates a fair compensation amount based on factors like lost wages, medical expenses, funeral costs, and non-economic damages for the deceased and the surviving family.
   • Evaluating offers. Both parties consider settlement offers. The plaintiff’s attorney advises on the offer’s fairness, considering the evidence and potential outcomes of a trial.
   • Agreement and escalation to trial. If both parties agree on a settlement amount, the case concludes without going to trial. If negotiations stall or fail, the case proceeds to the trial phase.

   Negotiations in wrongful death cases are often complex, as they involve quantifying the financial impact of a person’s death and balancing the emotional aspects with legal pragmatism. Successful negotiations require skilled legal representation to ensure you reach a fair and adequate settlement for surviving family members.

4. Trial and Judgment
   If negotiations fail, the case proceeds to trial. Here, both sides present their evidence and arguments before a judge or jury.
   The trial process includes:
   • Opening statements from both sides
   • Presentation of evidence and witness testimony
   • Cross-examination of witnesses
   • Closing arguments summarizing each side’s case

   The judge or jury then determines whether the defendant is liable and, if so, the amount of damages to be awarded. If either party disagrees with the outcome, they may appeal the decision, which can extend the process further.

Wrongful death claims are emotionally and legally complex. Several factors can make these cases difficult to prove and resolve.

Common Legal Hurdles:

• Proving causation: You must show a direct link between the defendant’s actions and the death, which can be difficult if multiple parties are involved.
• Valuing damages: Assigning a dollar amount to pain, suffering, or loss of companionship requires precision. Overestimating can hurt your case.
• Gathering evidence: Key records may be missing, or witnesses may be uncooperative, especially when powerful institutions are involved.
• Navigating Florida law: Statutes of limitations and comparative negligence rules can impact your ability to recover compensation.
• Managing grief: Families are dealing with loss. The legal process must be handled with care and compassion.

Local experience is essential in wrongful death cases. Our attorneys bring a unique advantage because:

• We know West Palm Beach’s major employers, hospitals, and insurance companies.
• Our team has strong relationships with trusted local experts, like accident reconstructionists and medical examiners.
• We understand the values of this community, including the importance of extended family and community ties.

Large firms from outside the area may promise results, but they can’t provide the immediate, personal attention and local insight that local families need most during difficult times.