At Steinberg Law, we understand how difficult the unexpected demise of a loved one is for families. Losing a loved one is especially traumatic when the death is due to another person’s or entity’s negligent or intentional actions. The unexpected turn of events can leave families emotionally and financially devastated.
Florida laws give families the right to file a wrongful death lawsuit against the responsible party and recover compensation. While money can’t make up for the loss, the compensation recovered can help restore your family’s financial stability.
You will want a skilled and experienced wrongful death attorney in Delray Beach to help you. At Steinberg Law, we are committed to providing unrivaled legal counsel and representation. Contact us today at 877-783-4611 to schedule a free initial case review with a Delray Beach personal injury lawyer.
How Is Wrongful Death Defined in Florida?
The Florida wrongful death act (Section 768.19) gives the decedent’s estate and surviving family the right to sue the liable party. Wrongful deaths can happen under different circumstances, but none changes the fact that the victim did not deserve to die if the accused had taken reasonable measures to ensure the other person’s safety and wellbeing.
Instances that can be considered acts that cause wrongful death include:
- Deaths from the use of defective products like drugs, electronics, machinery, foods, beverages, tools, and vehicles.
- Murder and other crimes that lead to death.
- Fatal traffic accidents, including hit-and-runs, drunk driving collisions, pedestrian accidents, and speeding collisions.
- Deaths as a result of medical malpractice, such as surgical errors, incorrect medication or prescription, neglect while under a practitioner’s care, and misdiagnosis.
- Fatal slip and fall accidents.
Enlisting our seasoned wrongful death attorneys’ services is the best decision if you want maximum compensation for your loss, pain, and suffering. The sooner you get in touch, the sooner we can start the process and ensure we build a strong case.
Who Is Qualified to File a Wrongful Death Claim in Florida?
Steinberg Law has its doors open to all who believe they have a wrongful death claim worth pursuing. We have legal professionals ready to provide the best legal counsel and representation in Delray Beach, FL. They know the parameters governing a wrongful death claim case’s eligibility and will help you understand how to proceed.
In Florida, the deceased’s estate representative must file a wrongful death lawsuit to recover compensation on behalf of the estate and survivors.
According to Florida Statutes Section 768.21, the following can recover damages from the wrongful death lawsuit:
- The spouse.
- Biological and legally adopted children.
- Dependent Parents.
- Listed beneficiaries (heirs).
The deceased’s estate representative will oversee the compensation, managing the disbursement of the recovered damages to the respective beneficiaries as stipulated in the decedent’s will.
Your Delray Beach wrongful death lawyer will work closely with the estate representative to ensure your late loved one’s wishes are honored.
What Types of Damages Are Recoverable?
We know the magnitude of the financial and emotional impact the loss of a loved one has on a family. The financial stresses are especially tough to bear when the deceased was the breadwinner. Families need dependable counsel and representation from an experienced wrongful death attorney in Delray Beach.
Our team at Steinberg Law will evaluate the facts to identify the economic and non-economic damages your family has suffered because of the loss. We shall consider each beneficiary and what they were to inherit as per the decedent’s will when helping the family recover damages.
The attorney handling your case will focus on the following.
Surviving Spouse
The departed’s spouse qualifies to pursue and recover damages regarding medical costs, pain attributed to the untimely demise, lost financial support, lost protection, and lost companionship.
Children
The law gives the decedent’s children the right to pursue damages associated with emotional anguish, lost parental protection, provisions, companionship, and guidance.
Parents of a Minor Decedent
Suppose the deceased was a child (minor). In that case, the parents are entitled to recover damages related to their emotional anguish and loss.
The Decedent’s Estate
The deceased’s estate can recover compensation for funeral expenses, burial costs, and the loss of income the deceased would have earned. The estate representative oversees the recovery of compensation for financial losses the estate experiences because of the untimely death.
Can Surviving Family File for Punitive Damages?
Under Florida law, a court may award punitive damages to survivors if evidence shows that the negligent party’s actions were intentional, reckless, or grossly negligent. These damages are awarded in addition to compensatory damages.
Florida has put a cap on punitive damages at three times the amount of compensatory damages or $500,000, whichever is greater.
How Is Negligence Proved in a Wrongful Death Case?
Wrongful death claims are civil lawsuits where the plaintiff sues the party responsible for the negligence that caused their loved one’s death. Wrongful death claimants must prove their family member died due to the defendant’s actions or inactions.
The team handling your case will strive to show that the liable party owed your loved one a duty of care, which was breached, leading to their untimely demise.
We will focus on proving the following points.
Duty of Care
Your Delray Beach wrongful death attorney will show the defendant owed your family member a “duty of care.” In other words, the negligent party should have acted the way a reasonable person would have in the same circumstance. For example, all drivers have a duty to follow traffic laws.
Breach of Duty
The next thing after determining the accused owed the decedent a duty of care is to demonstrate the former’s liability. We shall state that they breached their duty of care through their actions or inactions that led to your loved one’s death.
Causation
Proving fault is the principal objective when considering causation in a wrongful death lawsuit. Your attorney must provide evidence that shows the breach of duty of care was directly responsible for your loved one’s demise.
Damage
The damage in question is your family member’s untimely demise and its associated financial and emotional impact on the family. Your attorney will demonstrate that your family has been harmed by the loss of the deceased and has experienced financial damages due to the death.
How Do You Start a Wrongful Death Claim in Florida?
It is best to seek an experienced attorney’s advice and guidance if you believe your loved one’s demise qualifies as a wrongful death and you want to sue the responsible party. At Steinberg Law, we are professionals who have represented many clients in Florida in wrongful death claims. Winning depends on proving negligence and liability.
We know how complicated and challenging wrongful death lawsuits can be. At Steinberg Law, we handle every case with personal attention.
Firstly, we will evaluate your case to ensure you have a valid wrongful death claim and ensure that your family has a will or estate plan if the deceased had not drafted one. We will guide and advise you on how to pick a representative within the family or a trusted associate.
The next step is to conduct a thorough investigation to gather evidence. Our attorneys will ensure your wrongful death lawsuit is filed correctly and on time. The statute of limitations gives families two years after the demise of a loved one to file a lawsuit.
We will negotiate with the at-fault party or their insurance company for a favorable settlement. Most cases are resolved with a settlement agreement, we have the expertise to fight for you in court if needed.
What Is the Difference Between a Wrongful Death Claim and a Survival Action?
In a wrongful death lawsuit, the estate representative brings a case after someone dies as a result of another’s negligent or intentional actions. A survival action is a continuation of an existing claim filed by the victim.
Suppose a person injured in an accident files a personal injury case but dies later of something unrelated while the case is pending. If this happens, the victim’s family members can pursue a survival action. If the victim files a personal injury claim but dies from injuries sustained in the accident, the family can pursue a wrongful death case.
The difference between survival actions and wrongful cases is that survival actions seek compensation for the pain and suffering the victim experienced before his/her death.
Call a Wrongful Death Attorney in Delray Beach Today!
Losing a loved one is especially traumatic when the death is due to another person’s or entity’s negligent or intentional actions. The unexpected turn of events can leave families emotionally and financially devastated.
Florida laws give families the right to file a wrongful death lawsuit against the responsible party and recover compensation. While money can’t make up for the loss, the compensation recovered can help restore your family’s financial stability.
You will want a skilled and experienced wrongful death attorney to handle your case. At Steinberg Law, we are committed to providing unrivaled legal counsel and representation.
Contact our Delray Beach law firm today at 877-783-4611 to schedule a free initial case review.
