The death of a loved one caused by someone’s negligence or recklessness is a tragic, frustrating and painful experience. No amount of compensation can undo the loss that has befallen your family, but a compensation award can help you pay for your loved one’s end-of-life expenses and provide financial security for you and your family members.
A wrongful death claim is a civil law matter that results when a person is killed by another person’s negligent or willful act or omission. If that has happened to your family, it is necessary to promptly seek legal counsel.
To find out if you are entitled to compensation, please contact an experienced Boynton Beach wrongful death lawyer from Kogan & DiSalvo. Skilled injury attorneys can help compile evidence on your behalf and ensure you put forth the strongest claim possible.
Wrongful Death Claims
Although all states have wrongful death statutes, they differ somewhat in who may claim damages. In Florida, the deceased’s estate, through a personal manager, has two years from the date of the death to bring the civil action both for the estate and surviving spouse, children and parents listed in the claim. Should the estate not have a named personal manager, the court will appoint one.
Blood relatives or an adopted sibling who were dependent either entirely or partially for support or services are also allowed on the claim. The death of a fetus cannot be claimed unless the baby is born but dies from an injury that occurred before birth.
In Florida, certain survivors and dependents of the deceased may seek compensation for the wrongful death of a loved one. Spouses and children are typically the survivors who file wrongful death claims, though in certain cases, an adopted child or another family member who was dependent on the deceased may be eligible to file a claim for compensation.
Depending on who is filing the claim, damages may be awarded based on one or more of the following elements of a wrongful death claim:
- Loss of financial contributions
- Loss of companionship and protection
- Lost parental guidance and companionship
- Medical and funeral expenses
- Pain and suffering
- Punitive damages, in certain cases
Punitive damages may be awarded in cases in which the wrongful death was intentional, or in which the person who caused the death was acting recklessly. Punitive damages are meant to punish the responsible person and to deter other people from behaving in the same way.
Filing a Wrongful Death Claim
A wrongful death case is a civil action stemming from the death of a loved one. In these cases, the person’s death may have been caused by someone’s negligence or recklessness, or it may have been caused intentionally. A person’s wrongful death claim in Boynton Beach is a means of pursuing compensation for the lost support and services of their loved one, and for the anguish and suffering the wrongful death has caused them.
Compassionate Boynton Beach wrongful death lawyers can help their client determine who is at fault in their wrongful death claim. Lawsuits can be brought against many types of parties, such as:
- Government agencies
Burden of Proof
Proving that the cause of death was a direct result of an unintentional negligent or willful act or omission is the duty of the party bringing the claim. This will require a thorough investigation of the incident.
To prove negligence, the claim must establish that the party or parties responsible for the death had a “duty of care” not to cause harm to the victim, that such duty was breached, that the breach caused the death, and that the event caused damages.
Contacting a Boynton Beach Wrongful Death Attorney
The Boynton Beach wrongful death attorneys at Kogan & DiSalvo understand the intricacies of these types of cases and can fight passionately to recover compensation on your behalf. They can determine if your claim falls within the statute of limitations, which puts a time limit on how long you have to file your claim after your loved one’s death.
Florida law in this area is complex and laws can and do have exceptions. Therefore, it is in your best interest to know and protect your legal rights by calling skilled wrongful death lawyers in Boynton Beach to discuss your situation. Your attorney can explain your rights, conduct investigations to prove the negligence or willful act involved, and negotiate the best possible result in seeking damages for the loss of a loved one.