When a person dies because of a negligent act of another person or a business that is not a criminal act, it is imperative that the deceased person’s immediate family contact a Delray Beach wrongful death lawyer from Kogan & DiSalvo. Our lawyers are well-versed in this area of law and can give a free, no obligation consultation to determine if the facts of the death warrant a wrongful death lawsuit claiming damages.
Our experienced Delray Beach injury attorneys work on a contingency basis, meaning the attorney’s fee is not paid until the conclusion of the case, and then the fee is paid from the monetary damages awarded.
What are Some Common Wrongful Death Cases?
Deaths that are wrongful happen in traffic and boating wrecks, drowning accidents, medical malpractice, defective products, workplace accidents, and slipping and falling on another’s property. A wrongful death can also be the result of a criminal act. In that situation, the defendant may be sued for damages in civil court.
Who May be a Plaintiff in a Wrongful Death Case?
Under Florida law, the decedent’s estate can sue for damages in wrongful death cases. The estate’s personal manager is the active party and if one is not named, the court will appoint one. The estate’s lawsuit on behalf of the surviving spouse, minor children, and/or parents, will name those seeking damages. Also allowed to claim damages are blood relatives or a sibling who was either partly or entirely dependent on the support and services of the decedent.
Children of unmarried parents also may be named if the mother is the decedent but the father cannot be named unless the father formally recognized the child as his own and provided financial support. Contact a qualified Delray Beach wrongful death lawyer for more information on who is eligible to file a wrongful death claim.
The wrongful death lawsuit may claim these monetary damages:
- Medical treatment expenses
- Funeral expenses
- Loss of spouse’s companionship and protection
- Loss of minor children’s companionship, instruction, and guidance
- Pain and suffering of the spouse and children
- Mental and emotional pain
- Lost income and benefits that the deceased would have earned over a lifetime
- Loss of the estate’s probable net accumulations in current monetary value
Statute of Limitations
Florida law allows a wrongful death lawsuit if the death is caused by a wrongful act or negligence. A wrongful death lawsuit must be filed within two years of the date of death. If the statute of limitations deadline is missed, the parties are barred from suing.
How a Delray Beach Wrongful Death Attorney Can Help
The law adjudicating wrongful death cases is intricate and requires the expertise of a Delray Beach wrongful death lawyer who has worked on many of these cases.
The attorney will conduct an independent investigation of the death to develop three avenues of evidence: physical, from the accident scene and the fatal injury, documentary, proving the amount of damages, and testimonial, from interviewing under penalty of perjury all parties involved and witnesses.
The Delray Beach wrongful death lawyer will prepare the case for trial and may require the services of a person who is an expert in the technical areas that arise. This expert witness may bolster the case and counter the defense’s view of the case.
However, a wrongful death case may be settled out of court. In that situation, the lawyer will try to aggressively negotiate with the defendant’s insurance carrier or defendant to achieve a fair and satisfactory amount.