Palm Beach Wrongful Death Lawyers
Tragically, many people die in accidents due to another person’s negligence or wrongdoing. During these hard times, the deceased’s family members very often are not thinking about recovering compensation from the negligent party. Florida law allows for family members of the deceased to recover compensation. Recovering money can help to lift the financial burden imposed on family members who depend on deceased to provide them with financial support. If you have just lost a family member due to another person’s wrongdoing, it is important for you to consult an attorney to protect your legal rights.
Wrongful Death Accidents
Some of the most common wrongful death accidents occur in:
- Car accidents
- Truck accidents
- Work accidents
- Medical malpractice
- Boating accidents
- Taxi cab accident
- Nursing home neglect and abuse
- Drunk driving accidents
Wrongful Death Defined
A wrongful death claim can be brought by the family members of a person who died due to another person’s negligence or wrongdoing. Florida law allows for family members to collect money from the at-fault person when the family members depended on the deceased for financial and emotional support.
Proving Wrongful Death
When the death of a person is caused by the wrongful act, negligence, recklessness, or intentional act, the deceased’s family members may file a wrongful death suit against the responsible party. Wrongful death claims are typically based on the at-fault party’s negligence. Negligence occurs when a person fails to act like a reasonably prudent person under similar circumstances. Proving negligence requires the lawyer to show that the responsible party owed a duty of care to the deceased, that their action or inaction breached the duty of care, the breach caused the death and death occurred.
Wrongful Death Damages
The decedent’s survivors may recover money in a wrongful death claim. Survivors include the deceased’s spouse, children and parents. Survivors may also include the deceased’s blood relatives, adoptive brothers and sisters and children out of wedlock.
Every survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death. The court takes into account the following factors when establishing the value of lost support and services: the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered.
- Surviving Spouse – The surviving spouse may also recover for the loss of the decedent’s companionship, protection and for mental pain and suffering from the date of the injury.
- Minor Children and All Children If No Surviving Spouse – Lost parental companionship, Instruction, Guidance, Mental Pain and Suffering from the date of the injury
- Parent of a Deceased Minor Child – Mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
We will evaluate your claim at no cost to you. If you have lost a loved one due to someone else’s wrongdoing, contact a Palm Beach wrongful death lawyer from Bottari & Doyle at (561)-588-2781 for a free consultation, or fill out or claim evaluation form.