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There aren’t many things in life that hurt as much as losing someone you love without warning. When someone else’s carelessness causes a loss, grief is often mixed with anger, unanswered questions, and the stress of not knowing how to pay for things. Families usually hire a Boca Raton wrongful death lawyer to hold someone accountable, find out the truth, and get the money they need to protect their future in situations like this.
At Hersh Kirtman, we stand beside families during these difficult times with both compassion and determination. Our role is not only to guide you through the legal process but to help carry some of the burden so you can focus on remembering and honoring your loved one.
In Palm Beach County, wrongful death claims frequently involve powerful defendants, insurance companies, hospitals, or large corporations. Choosing a team that knows the local courts, understands how South Florida juries think, and has the skill to confront well-funded opponents can make all the difference. Families deserve more than a lawyer; they deserve advocates invested in their healing and future.
A wrongful death claim is a civil lawsuit brought when someone’s negligent, reckless, or intentional actions cause another person’s death. Florida law establishes this right under Florida Statutes §768.19, making it clear that if the deceased would have been entitled to bring a personal injury claim had they survived, their family can pursue damages through a wrongful death action.
This legal framework exists to provide financial relief and recognize the loss of companionship, support, and stability that families suffer after an avoidable tragedy. Wrongful death claims in Boca Raton often involve complex emotional and legal issues, which is why having an experienced attorney by your side is essential.
Fatal accidents can take many forms, and in Boca Raton, the causes of wrongful death often reflect the risks of our community. Beyond national statistics, specific patterns emerge locally:
Each of these circumstances highlights why families often turn to a Boca Raton wrongful death lawyer to investigate the cause, build a case, and pursue accountability.
In Florida, wrongful death lawsuits must be filed by the personal representative of the decedent’s estate. That representative acts on behalf of both the estate and surviving family members. According to Florida Statutes §768.20, the survivors entitled to recover damages may include:
This legal structure ensures that compensation is distributed fairly among those who relied on the deceased for love, guidance, or financial support.
Families often wonder how long a wrongful death claim will take and what they can expect along the way. While each case is unique, most follow a general timeline:
In Boca Raton, settlements may occur within 12 to 18 months, while trials can extend beyond two years. Knowing this timeline helps families set realistic expectations and prepare for the future.
Personal Injury Lawyers in Boca Raton
At Hersh Kirtman Injury Law, we turn adversity into justice through trust and relentless advocacy. With decades of experience, we don’t just handle cases—we redefine outcomes. Your recovery starts with a conversation. Call us today for a free, no-obligation consultation—because you deserve a team that fights as hard as you do.
Damages in a wrongful death case are not limited to the bills that arrive immediately after a tragedy. Florida law recognizes that the loss of a family member creates long-term financial and emotional consequences, and Florida Statutes §768.21 lays out the categories survivors may pursue. Here are the different types:
At the end of the day, the goal of wrongful death damages is not to put a price tag on a loved one’s life, but to acknowledge the financial and emotional void left behind while holding the responsible party accountable.
Proving negligence requires more than suspicion; it requires clear evidence that another party’s careless or reckless actions directly caused the loss. This is the foundation of every wrongful death case, and without it, families cannot recover the compensation they deserve.
Florida also follows a comparative negligence system, which can reduce damages if the decedent is found partially at fault. For instance, if a jury determines that the deceased was 20 percent responsible for an accident, the recovery is reduced by that percentage.
Insurance companies often seize on this rule to downplay their liability. Still, a Boca Raton wrongful death lawyer understands how to challenge these arguments and keep the focus on the defendant’s conduct.
By carefully gathering evidence, consulting experts, and presenting a strong narrative in court, our team ensures that liability is placed where it belongs, on the party whose negligence caused the death.
In Florida, families generally have two years from the date of death to file a wrongful death claim. This time limit is set out in Florida Statutes §95.11(5)(e). Missing this deadline usually means losing the right to pursue compensation.
There are exceptions, such as cases involving fraud or medical malpractice, which can alter the filing period. Because the statute of limitations can be complex, families should speak with an attorney as soon as possible to preserve their rights.
Acting quickly also helps protect key evidence, including accident reports, medical records, and witness testimony. Insurance companies often move fast to protect their interests, so early legal action gives families a stronger position.
Hersh Kirtman Injury Law can help you obtain much-needed financial support and assistance to help with all the challenges brought on by the loss of a loved one due to another’s negligence. Our attorneys have a record of achieving significant results on behalf of injury victims and their families, and we would welcome the opportunity to try to help you, too.
At Hersh Kirtman Injury Law, our best-in-class Boca Raton Wrongful Death Lawyer is here to ensure your financial protection during this challenging time. Call (561) 208-3700 to begin your case today. The mourning process is already hard enough without added financial concerns.
Founding Partner
A passionate advocate for injury victims, Michael transitioned from corporate law to fighting for individuals after a pivotal case defending an elderly couple. With over $100M in verdicts and settlements, he specializes in catastrophic injury and wrongful death cases, using his Trial Lawyers College training to powerfully tell clients’ stories.
Years of experience – Over 15 years
Elite Trial Advocate – Graduate, Trial Lawyers College
$35M Record Verdict – Catastrophic auto accident case
Case value depends on economic losses like wages and funeral expenses, as well as the emotional suffering of survivors. Palm Beach juries have awarded substantial verdicts when the evidence shows long-term financial dependence and significant emotional loss. Insurers typically start with low offers, so experienced counsel is essential.
Under Florida law, a wrongful death claim must generally be filed within two years of the date of death. Failing to meet this deadline can permanently prevent a family from pursuing compensation. Prompt action not only protects legal rights but also helps preserve critical evidence.
Consulting with a Boca Raton wrongful death lawyer early in the process can help ensure the claim is evaluated, prepared, and filed within the required timeframe. In limited circumstances, specific facts may affect how the deadline is calculated, which makes a careful legal review important.
Florida law requires that a wrongful death lawsuit be filed by the personal representative of the deceased person’s estate. This individual may be designated in a will or appointed by the probate court when no will exists. Although the personal representative formally brings the claim, it is pursued on behalf of surviving family members, including a spouse, children, parents, or other qualifying relatives as defined by statute.
At Hersh Kirtman, we assist families in understanding this process and ensuring the proper party is appointed before the claim proceeds.
A wrongful death claim requires proof that another party’s negligence, wrongful act, or misconduct caused the death. This involves establishing that a legal duty of care existed, that the duty was breached, and that the breach directly resulted in the fatal injuries.
Evidence commonly includes medical records, accident reports, expert testimony, and witness statements. A thorough investigation and clear presentation of the facts are essential to demonstrating liability and the full impact of the loss.
Yes. A wrongful death claim may proceed even when death occurs days, weeks, or months after the original incident. The key issue is whether the injuries sustained in the accident ultimately caused or substantially contributed to the passing. When medical evidence establishes that connection, the estate may pursue compensation on behalf of the surviving family members.
Florida’s Wrongful Death Act permits certain survivors to recover both economic and non-economic damages. Recoverable losses may include medical expenses incurred prior to death, funeral and burial costs, loss of financial support, and the loss of companionship, guidance, and protection.
Compensation may also reflect the value of services the deceased would have provided to the household. In appropriate cases, the estate may seek recovery for lost earnings related to the injury, including prospective net accumulations.
Yes. The absence of a will does not prevent a wrongful death claim from being filed. When an individual passes away without a will, the probate court appoints a personal representative to administer the estate. That representative is then authorized to bring the wrongful death lawsuit on behalf of eligible survivors.
Michael and his team were nothing but helpful in my long and stressful case. Any time I had any questions or needed anything, they were always extremely quick to answer my questions. Deana was also a huge help! I am also very pleased with the outcome of my situation, it was my first time involved in any sort of injury case like this and they made it as easy as possible. Thank you guys again!
Absolutely amazing experience with this firm. Michael Hersch was a pleasure to work with. He was extremely transparent, communicated regularly with updates and worked tirelessly to ensure that I received what I deserved. I cannot say enough about how positive my experience was with this firm. Highly, highly recommend!
The Law Office of Hersh Kirtmam has handled my family with complete professionalism and great compassion during a difficult time in our lives, from the first meeting we knew that had a team that fight for us ! Thank you Hersh Kirtman .
BEST LAWYER HANDS DOWN!! If you’re ever in need of one please don’t hesitate to contact this lawfirm. I am very pleased and happy with the result of my case all thanks to the hersh kirtman injury lawfirm.
I would recommend Hersh Kirtman Injury Law without any hesitation or reservations. Mr. Hersh is the attorney who handled my case. He worked tirelessly on my behalf to bring closure and a very positive outcome. Mr. Hersh’s front office were always very supportive and helpful. If Mr. Hersh was not available when I called, they always got an answer to my question and called me back without delay. Hersh Kirtman is the Injury Law firm to call.
I cannot recommend this firm enough. Michael and his team were incredibly knowledgeable, thorough and helpful throughout the entire legal process. Although my husband and I required his services due to unfortunate circumstances, we are both grateful to have met Mr. Hersh. If you’re in need of a personal injury attorney, look no further. Hersh Kirtman Law is the best!
For over a decade, Ian has fought for victims of catastrophic injuries in auto accidents, medical malpractice, and premises liability cases—securing life-changing results like a 4.35 M store front crash verdict and 4M medical malpractice settlement.
Active leader in Florida’s legal community (Florida Justice Association, Palm Beach County Justice Association) and UM Law alum with trial honors. Devotes personal time to Becca’s Closet charity and family in Delray Beach.
Recognized Excellence:
– AV Preeminent® Rated (Martindale-Hubbell’s highest honor)
– Top 40 Under 40 (National Trial Lawyers)
– Rising Star (Super Lawyers)
This page was written, edited, and reviewed by a team of legal writers in accordance with our comprehensive editorial guidelines. It was approved by Attorneys Michael Hersh and Ian Kirtman, who have more than 20 years of experience as personal injury attorneys.
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