The pain of losing a loved one can be especially heart wrenching if the death was caused by someone’s negligence. If you have suffered the loss of a loved one under these circumstances, you may be able to file a Florida wrongful death lawsuit to seek compensation for the loss of companionship, as well as other losses.
Accidents Leading to a Florida Wrongful Death Lawsuit
A wrongful death lawsuit in Florida typically arises from the following:
- automobile collisions;
- pedestrian accidents;
- slip and falls; and
- injuries to children.
For your lawsuit to be successful, your Palm Beach wrongful death lawyer will have to prove that negligence caused your loved one’s death.
To prove negligence in a Florida wrongful death lawsuit, it must be shown that:
- a duty of care was owed to the deceased;
- the defendant breached that duty of care;
- the breach of duty caused the death of the deceased; and
- the estate and survivors of the deceased have suffered losses.
Once negligence is established, only a court can determine the amount of compensation to which you would be eligible, but a Palm Beach wrongful death lawyer can give you a general idea of what to expect based on the specifics of the victim’s life and their passing.
Calculating Losses in a Florida Wrongful Death Lawsuit
The court will consider the following damages when determining the losses of survivors and the deceased’s estate in a Florida wrongful death lawsuit:
- Loss of services and support – these include money, property and household chores or child care performed by the deceased.
- Loss of instruction, companionship and guidance – these damages may be collected by the surviving spouse and minor children under age 25.
- Mental pain and suffering – these damages are limited to the spouse, adult children (in the event the deceased was not married), parents (if the deceased is a minor child), minor children under age 25 and an adult child’s parents if there are no other survivors.
- Loss of net accumulations – these include earnings and savings the deceased would have accumulated based on their lifestyle and life expectancy.
- Lost earnings – this encompasses earnings lost during the period between the deceased’s injury and their death.
- Medical, funeral and burial expenses – these may be recovered by a survivor who has paid for them.
The statute of limitations for filing a Florida wrongful death lawsuit is generally 2 years. To meet this deadline, you should contact a Palm Beach wrongful death lawyer as soon as possible.
Your Palm Beach wrongful death lawyer will investigate the facts, consult with witnesses and do everything possible to help you receive just compensation for your loved one’s untimely passing.
Contact a Palm Beach Wrongful Death Lawyer
If your loved one has suffered a wrongful death in West Palm Beach or North Palm Beach, Florida, you should contact a Palm Beach wrongful death lawyer to learn about your rights and determine liability.
24/7 Injury Law, a law firm based in West Palm Beach, Florida, takes time when speaking with you about your case and works with you on a contingent fee basis so there are NO FEES unless one of our trained wrongful death lawyers wins your case. Call now to schedule a FREE evaluation of your case – 1-888-984-4878.