Riviera Beach Wrongful Death Lawyers
The death of a family member is one of the hardest things to cope with. The sense of loss is magnified especially if the death was an accident caused by someone else’s negligence or carelessness. In such a situation, you continue to agonize over the many ways the death of your loved one could have been prevented.
However, the truth is that nothing can be done to bring back your loved one. But you can most certainly get justice in the form of compensation for the wrongful death of your loved one. The financial compensation can at least help you meet your ongoing expenses, especially if the victim was the sole breadwinner of your family.
In order to get compensated, you will have to file a wrongful death claim. It’s always best to seek legal representation in this regard as only an experienced Riviera Beach wrongful death lawyer can provide you with quality guidance on the type of accidents that qualify for seeking a wrongful death claim in Florida and how to pursue it.
Common Causes of Wrongful Death
The most common causes for wrongful death claims in Riviera Beach, Palm Beach County Florida include:
According to the Florida Department of Highway Safety and Motor Vehicles, 2,775 fatal auto accidents occurred in the state in 2017. This included 18 wheeler trucks, big rigs, motorcycles, and cars. Among the top causes of auto accidents that led to wrongful deaths were speeding, distracted driving, teenage driving, driving under the influence of drugs and alcohol, violation of traffic rules, exhausted drivers, defective auto parts and poor vehicle maintenance.
Florida Statute 316.130(15) states that every driver must drive carefully to avoid collisions with pedestrians on the road or anyone who is propelling a bicycle. As a failure to exercise due care can lead to the wrongful death of a pedestrian.
Accidents at Work
If your loved one lost their life in an accident at work, then you can file for a wrongful death claim. In 2017, over 49,000 claims related to workplace injuries and wrongful deaths were reported. Accidents in the workplace usually occur due to unsafe working conditions, slips and falls, colliding into heavy objects, and occupational illnesses. In such a situation, the employer may be held liable for the employee’s wrongful death and compensate for the losses to their family.
By law, the family of a consumer deserves compensation if their death occurs due to the consumption of a defective product. This can include defective auto parts, consumer products, kitchen appliances, sporting gear, industrial machinery, edible expired products, and children products, including toys and cribs.
Individuals who are involved in unlawful acts that may have caused deaths of others can be held accountable in a criminal proceeding through a wrongful death lawsuit. Also, activities that may not be the direct cause of death but have inspired the individual to end their life, such as suicide after abusive behavior can also be pursued as a wrongful death case.
Personal Injury Claim vs. Wrongful Death Claim
The key differences between personal injury and wrongful death claims are as follows:
When a victim gets injured due to someone else’s negligence or careless behavior then they shall file a personal injury claim. However, if the victim dies in an accident that occurred due to the same reasons, then the family of the deceased can file a wrongful death claim. Wrongful death claims are more complicated as the plaintiff changes as the decedent’s family sues the responsible party.
Besides this, the victim filing a personal injury claim may get compensated for medical expenses, property damage and lost wages while the family of the deceased under the wrongful death claim may receive compensation for funeral expenses, lost financial support, emotional pain and loss of a relationship.
The Statute of Limitations in Florida
The Statute of limitations in Florida for filing a wrongful death claim is 2 years starting from the date of the victim’s death. If the family of the deceased fails to file a claim within the stated period, they may lose their right to receive compensation.
Who can file a Claim?
The surviving family members of the deceased can file a wrongful death claim on the behalf of the decedent in Florida. In other words, they must be related to the deceased and can be their:
- Dependent blood relatives
- Adoptive siblings and
- Child born out of wedlock of a mother or father.
Types of Damages One Can Claim
People who pursue wrongful death claim, on behalf of the deceased, are called survivors or beneficiaries. They can claim the following:
- Funeral/burial costs
- Medical bills
- Loss of support/companionship
- Loss of services or spousal support
- Decedent’s pain and suffering
- Other expenses and financial consequences that result from the unexpected and wrongful death of their family member.
Get in Touch with us for a Free Consultation and Quality Legal Assistance
As the plaintiff changes in a wrongful death claim, navigating through legal complexities and proving that the death of your loved one occurred due to the responsible party’s negligence is difficult unless you have a strong legal representation. And this is what we are best known for.
At Shiner Law Group, our experienced Riviera Beach wrongful death lawyer will work in your best interest and provide you with quality guidance and the best course of action to pursue a wrongful death claim.
We understand that the accidental death of a loved one can be emotionally traumatic and can impact all family members for a lifetime. In such a situation, you demand justice. And that’s what we get you. We’ll fight your case aggressively and make sure that you get justice and are compensated rightfully. Give us the opportunity to help you. Get in touch with us today.