Table of Contents
1. Seeking A Wrongful Death Attorney in West Palm Beach For A Loved One?
2. Hardships of a Wrongful Death in West Palm Beach
3. How A West Palm Beach Wrongful Death Attorney Can Help
4. Understanding the West Palm Beach Wrongful Death Claims Process
5. Initiating a Wrongful Death Claim in West Palm Beach
6. Types of West Palm Beach Wrongful Death Cases
7. Who is Allowed To File A Wrongful Death Claim in West Palm Beach
8. Seeking A Recovery For A Wrongful Death in West Palm Beach
9. Speaking with a West Palm Beach Wrongful Death Lawyer Near Me
Seeking A Wrongful Death Attorney in West Palm Beach For A Loved One?
When a wrongful death occurs and a life is lost because of someone’s recklessness, it is important to call a local West Palm Beach wrongful death attorney. West Palm Beach personal injury attorney David Shiner has help surviving families with their wrongful death claim to recover full compensation for their loss. Surviving families often file wrongful death claims as a result of car accidents, medical malpractice, product defects, work or job site accidents, manslaughter or criminal activities.
The qualified wrongful death attorneys at Shiner Law Group are available for a free Consultation by calling (561) 777-7700. We are committed to balancing the scale of justice when a victim’s family is grieving for their loss because surviving family members are often confronted with mounting medical bills, loss of income or support, and a vast array of legal procedures, deadlines, and insurance company traps.
Hardships of a Wrongful Death in West Palm Beach
The emotional and financial hardships ensuing from the unexpected and premature loss of a loved one, particularly if his/her death was caused by the careless negligence of another, can be devastating.
At the Shiner Law Group, we are committed to balancing the scale of justice when a victim’s family is grieving for their loss, because surviving family members are often confronted with mounting medical bills, loss of income or support, and a vast array of legal procedures, deadlines, and insurance company traps.
The statute of limitations for a wrongful death case in Florida is two years, so it’s imperative to seek the legal counsel of an experienced West Palm Beach wrongful death attorney who can guide you through the logistical hurdles and get you the financial compensation you are entitled to under Florida law.
How A West Palm Beach Wrongful Death Attorney Can Help
The process of pursuing a wrongful death claim to replace household income might be essential to maintaining a family’s standard of living. Our seasoned legal team will fight to protect your interests while taking on insurance companies seeking to deny damage claims or minimize their financial liability.
We are committed to the highest standards of legal ethics, so we focus on helping you obtain a broad range of damages, such as medical and funeral expenses, loss of income and retirement benefits, loss of services, loss of parental companionship, and punitive damages. We want you to focus on getting your life back.
The Shiner Law Group has represented wrongful death victims and their surviving family members in the West Palm Beach community for decades, recovering millions of dollars, and has developed the legal acumen to litigate across the full spectrum of wrongful death claims arising from incidents of negligence.
Our experienced wrongful death attorneys are prepared to assist in the following ways:
- Investigate the claim
- Navigate the dogged tactics employed by insurance companies
- Consult a network of experts in relevant fields
- Engage in effective client communication
- Estimate the value of the claim
- Determine the appropriate defendants
Understanding the West Palm Beach Wrongful Death Claims Process
Much of the legal proceedings involved in a wrongful death lawsuit occur outside of the courtroom, where extensive documentation is meticulously researched and crafted to include the critical elements that determine whether a lawsuit is dismissed or significantly weakened.
Understanding the pre-trial process in a wrongful death lawsuit can ultimately benefit the claimant as most cases are resolved through negotiated settlements before trial.
There are several stages to the claims process:
- Pre-trial investigation and research
- Legal research
- Pre-lawsuit negotiations with insurance companies
- Wrongful death lawsuit commencement
- Discovery process, including requests for admission, interrogatories, depositions, and requests for production of documents
- Handling motions for summary judgement
- Trial preparation
Initiating a Wrongful Death Claim in West Palm Beach
Under Florida’s Wrongful Death Act, there are two types of plaintiffs who can commence a wrongful death lawsuit: (1) the descendant’s estate and (2) his/her surviving family members.
While a plaintiff can be entitled to recover both as a beneficiary of the estate and a survivor, the types and amount of compensation available to survivors are usually much more significant than damages recoverable by the descendant’s estate. Survivor benefits essentially compensate the designated family members for their personal losses suffered because of the death of a loved one. The categories of damages that might be sought by survivors include, but are not limited to:
- Mental pain and suffering
- Lost protection and support
- Lost services and support
- Child’s loss of guidance, instruction, and companionship
- Medical bills, funeral costs, and burial expenses (if paid for by a survivor)
Types of West Palm Beach Wrongful Death Cases
The untimely death of a loved one can be a difficult time for anyone. That being said, if the death was the direct result of the negligence or recklessness of another person, then the surviving members of the family owe it to the victim to file a wrongful death claim.
When it comes to wrongful death claims and lawsuits, many people are unaware of what it is, or how they can benefit from making a wrongful death claim with the help of a good wrongful death lawyer. Here, we are going to take a look at the different types of wrongful death cases and how you can make for a wrongful death claim.
Car Accident Deaths
Roadside accidents, and more specifically, traffic collisions are one of the most common types of fatal accidents that can result in a wrongful death claim. This is partly due to the fact that there’s a large amount of people who own and drive cars.
In 2016 alone, there were more than 37,000 auto accident deaths in the US according to the National Highway Traffic Safety Administration. Most of the fatal car accidents occur due to drunk driving, distracted driving, speeding, or road damage.
Commercial Truck Accident Deaths
While the accidents of commercial trucks are considered auto accidents, they are different as compared to accidents with passenger vehicles. For one, commercial vehicles are larger and heavier. Due to their scale and function of the commercial trucks, there are several factors that need to be taken into consideration by a wrongful death lawyer while making a case for a wrongful death claim.
Some of the factors that need to be considered include, driver error, driving under the influence, improper maintenance of the vehicle, mechanical failures, transporting oversized loads. Hiring an experienced wrongful death lawyer can assess the circumstances of your loved one’s death to find out if it was caused by the negligence or recklessness of the driver of the commercial vehicle.
Pedestrian and Motorcycle Accident Deaths
Pedestrians and motorcyclists are more likely to get killed in a vehicle accident due to the lack of protection in case of a collision. Thousands of pedestrians and motorcyclists, including bicyclists die each year in accidents that are the result of a driver’s negligence.
Medical Malpractice Deaths
Although healthcare specialists in the medical industry are supposed to be highly trained, fatal errors do occur in the form of lack of informed consent, defective medical apparatus, surgical errors, delayed treatment, surgical errors and birth injuries. Hiring an experienced wrongful death lawyer can guide you through the process of proving that a hospital’s safety protocols were not followed which resulted in your loved one’s death.
Defective Product Deaths
Defective products are those that are inherently defective or sub-par and therefore dangerous to use. Such products include, defective prescription drugs, children’s products, packaged foods, and defective vehicles and their components. Since manufacturers have a duty to ensure the best quality control standards are met during the manufacturing process, a wrongful death claim can be made against a manufacturer due to a defective or malfunctioned product.
Certain occupations are more dangerous than others. In such high-risk working environments accidents are bound to occur, which more often than not, results in a fatality. According to OSHA, the most common work-related accidents that results in fatalities are falls, getting struck by an object, and being electrocuted. Again, having an experienced wrongful death lawyer by your side can help you claim appropriate compensation.
Who is Allowed To File A Wrongful Death Claim in West Palm Beach
As troubling as the idea of dealing with a wrongful death may be, a crucial truth that never ceases to apply regardless of the circumstances involved is that knowing the legalities goes a long way.
While Florida’s law may have significantly evolved over the years, the significance that is placed on dealing with such cases accordingly still remains as high as ever. Despite the difficulties that such circumstances bring about right from the get-go, every bereaved family must ensure that justice is served, especially when it comes to filing wrongful death claims.
Wrongful death explained
According to the Florida Wrongful Death Act, the term mentioned above is legally defined as the death of a person attributed to the wrongful acts or negligence of another involved party.
Typically, the scope of such cases may encompass the nature of various deaths relating to car accidents, botched medical procedures, or work-related accidents. However, know that any demise that is caused by the failure of someone to act according to their duty or obligation is also seen by the court as wrongful death in this legal concept.
In comparison with other states, Florida law upholds its directives with respect to filing as it only allows a case and claim to be brought if the victim would be eligible to sue for damages had they survived.
A vital factor to consider
Whether a demise was caused by a botched medical procedure, a road accident where a driver was under the influence, or a freak accident that happened at work, any claim for wrongful death takes on similar factors. Among all the different factors that must be dealt with when handling this legal issue, there’s one question that tends to be asked more often: “Who can file a wrongful death claim in Florida?”
Answering the question at hand
As opposed to other American states, the concept of eligibility in bringing a wrongful death claim isn’t as straightforward when it comes to representation and selection in Florida’s law.
By legality, the state only permits the dictated representative of a deceased victim’s estate to bring a wrongful death claim to the court and seek damages in repatriation. Additionally, it is vital to note that anyone of the surviving members of a deceased’s family will be chosen for representation if a will has not been materialized before the death of a victim.
According to Florida’s legally-imposed limitations and rules as defined in the Wrongful Death Act, there are only a few specific surviving family members that may bring a claim for damages:
- Adoptive siblings or blood relatives that were dependent on the deceased victim
Seeking A Recovery For A Wrongful Death in West Palm Beach
Attorney David Shiner has represented wrongful death victims and their families in the West Palm Beach community for over 20 years, recovering millions of dollars and has developed the legal acumen to litigate across the full spectrum of wrongful death claims arising from incidents of negligence.
Speaking with a West Palm Beach Wrongful Death Lawyer Near Me
If you or someone you love has died because of the negligent, reckless or intentional conduct of another, we welcome you to contact our experienced legal team so that we can evaluate your claim and advise you of your rights and options. We are committed to helping victims recover the compensation they need to move past injuries or loss, so call us 24/7 at 561-777-7700 or online for a free case review to see how we can help.
Commonly asked questions from victims injured in car accidents
What Is the Legal Definition of Wrongful Death?
Wrongful death, as per Floridian laws, can be defined as the death caused by the action or inaction of another party.
Note that in Florida, wrongful death claims are brought up by the close family members of the victim. Only the victim’s blood relatives, including spouse, parents, and children, are allowed to file a wrongful death claim. The claims seek compensation from the guilty party that had acted negligently or with malice action that caused the demise of the victim. The settlement includes compensation for the emotional distress and financial losses suffered by the victim’s dependent family members due to the wrongful death.
What Should I Do After a Wrongful Death?
The first thing before filing a case is to assess the adequate compensation amount due to the death of the family member. You need to assess the medical bills and monetary impact of the loss of financial support. The dependent blood relatives also need to collect evidence that supports the wrongful death claim. The evidence must be presented in the court to prove the guilt of the defendant beyond any reasonable double. Some of the evidence that can back up the claim includes witness statements, official reports, surveillance video, and the doctor’s testimony.
Records of expenses incurred after the death of the victim should also be presented in the court. These include, but are not limited to, the burial costs, treatment costs, and medication expenses incurred after the injury but before the death of the victim.
How Wrongful Death Case Provide Relief to Family Members?
Filing a wrongful death case can help the bereaved family members receive compensation to ease their financial burden. Dependent family members of the victim can get the necessary amount to meet their key expenses. The outcome of a wrongful death case allows the family members to maintain a quality of life similar that they enjoyed prior to the death of the victim.
When Should I Contact a Wrongful Death Attorney?
You should contact a wrongful death attorney when the financial losses due to the death of the victim results in serious financial problems. If your quality of life has significantly suffered due to loss of financial support of the deceased family member, you should immediately contact an experienced attorney.
How Can I Find a Wrongful Death Attorney Lawyer Near Me?
You can find an expert wrongful death attorney by reading online client reviews. Find out if the attorney has received mostly positive views for professional services. You should also find out whether the attorney that you talk to will be dealing directly with you or assign another lawyer. Only select an attorney for your case who has the track record of success.