There is nothing more tragic than losing a loved one because of another person’s negligence or wrongful conduct (Wrongful Death). Florida law entitles certain people, called “survivors,” to recover monetary damages for the loss of their loved one.
The time frame to initiate a wrongful death action is shorter than the time frame to initiate most negligence actions. For this reason, it is important to contact our Palm Beach County wrongful death attorneys as soon as possible if such a tragedy has occurred to a loved one. At Trelles & Bichler, we take all necessary legal action promptly to secure the rights of the deceased survivors.
Wrongful death refers to a civil action seeking compensation for damages from the individual or company responsible for the death of an individual. A wrongful death action is not a criminal action and may be filed even if criminal charges were not brought or were dismissed. Some negligence or wrongful conduct actions may arise out of a criminal act, but it is not necessary that a person is charged with a crime to be found legally responsible for causing the wrongful death of another person.
Florida’s wrongful death statutes define a wrongful death as a death caused by a “wrongful act, negligence, default, or breach of contract.”
Examples of situations that might give rise to a wrongful death claim include:
Tragically, there is simply no way to bring back a loved one whose life was claimed by the negligence of another. Though imperfect, our system of justice allows for an award of money damages to a compensation an individual’s survivors for their loss. The amount and type of damages a survivor may be entitled to receive depends on the relationship between the survivor and the deceased individual. The wrongful death statutes dictate damages for claim.
Examples of damages that may be available to survivors include loss of support and services, mental suffering, loss of companionship, medical & funeral expenses paid by a survivor, and loss of parental instruction and guidance. In addition, the estate of a deceased person may seek compensation on behalf of the survivors for loss of future earnings of the deceased and other monetary losses.
The calculation of damages in a wrongful conduct claim is a complex matter. It is extremely difficult to place a monetary value on the services, companionship, guidance, and suffering associated with the loss of a loved one. A Palm Beach wrongful death attorney uses the evidence in the case to effectively explain to a jury the enormous loss for the family now that their loved one is no longer with them. As experienced lawyers for Palm Beach County, we understand how to utilize the facts in the case to maximize recovery.
Even though you are mourning the loss of your family member, there are certain expenses and financial obligations that the family must continue to pay. In addition, if the lost loved one was earning an income to support the family, the hardship is even more. Living expenses, outstanding debts, medical bills, and funeral expenses are just some of the items that can create a financial crisis after the sudden death of a loved one.
Money does not replace a loved one. Money does not ease your grief. However, a financial settlement can help ease the financial burden placed on the family after a wrongful death.
After losing a family member, it can be difficult to come to terms with the loss, especially when the death was preventable. Our Palm Beach County attorneys encourage family members to take the necessary time to grieve the loss of their loved one. Nevertheless, certain steps must be taken to protect your legal rights and to collect critical evidence that will help hold the party or parties responsible for the death of your family member liable for their actions. At Trelles & Bichler, we approach these situations with the utmost compassion in an attempt to alleviate the stress and the pain of the family. We often meet with clients at their convenience, in their homes. We work as expeditiously as possible to gather the necessary initial information so we can begin working on the case while the family continues to heal.
The Florida statute of limitations regarding lawsuits restricts your time to file a claim. In most cases, survivors have just two years after the death of a family member to file a negligence or wrongful conduct lawsuit in Florida.
However, some exceptions can shorten the time survivors have to file a wrongful death lawsuit, such as in cases involving medical malpractice or government entities. It is best to speak with a Palm Beach County law firm that handles negligence or wrongful conduct claims as soon as possible to avoid losing your right to seek justice for your loved one and your family.
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