At Hersh Kirtman Injury Law, our Boca Raton wrongful death lawyers know that one of the worst things that can happen in life is to lose a spouse, child or parent to an accident caused by another’s negligence. Knowing that a life was cut short because somebody made a preventable mistake or didn’t pay enough attention to what they were doing can be very hard to accept on an emotional level. The loss can also cause immense financial challenges for families left without a wage earner or caregiver.
If such a tragedy has befallen you, our Boca Raton wrongful death attorneys are here to see you through this difficult time. Our experienced attorneys will work to bring those responsible for your family member’s death to justice, holding them accountable for the harm they have inflicted by their negligence. Going through the process of pursuing a wrongful death claim can help bring closure and emotional healing to a grieving family while also providing essential financial support during a challenging period. Our wrongful death lawyers have achieved significant results for clients in complex wrongful death cases and would welcome the opportunity to visit with you to see if we can help. Call 561-208-3700 for assistance.
How Wrongful Death Claims Work in Boca Raton, FL
Once a probate estate for the deceased has been opened in the courts and a personal representative for the estate has been officially appointed, that representative can file a wrongful death lawsuit in Palm Beach County court or elsewhere depending on where the incident occurred. All family members who are “survivors” under Florida law are included as part of this lawsuit. Any proceeds received from the negligent party through a settlement or judgment will go to the estate and the legal survivors of the deceased.
Family members who may be entitled to recover damages for the wrongful death of a loved one include the spouse, children, and parents of the deceased, as well as other blood relatives & adoptive siblings who depended on the deceased for support. All family members listed may be entitled to recover compensation for lost support and services they would have received from the deceased. Factors such as the family member’s relationship to the deceased, the amount of income the person would have received, the replacement value of services that would have been provided, and the deceased’s life expectancy can all go into figuring out the fair and just amount of compensation for the loss.
Additionally, Florida wrongful death law allows the following family members to receive compensation for the following types of harm:
- A surviving spouse can recover for the loss of companionship and protection, along with mental pain and suffering.
- Minor children can recover for lost parental companionship, instruction, and guidance, as well as mental pain and suffering.
- Adult children can recover damages like the ones above if the deceased did not leave a surviving spouse, except in medical malpractice cases.
- The parent of a minor child who was killed can recover for mental pain and suffering.
- The parent of a deceased adult child can recover for mental pain and suffering if there are no other surviving family members.
- A family member who paid medical bills or funeral expenses can recover those costs as well.
The estate’s personal representative can also recover damages that get paid to the estate and distributed according to the will or other estate planning documents. Recoverable damages include:
- The loss of earnings from the time of injury to the time of death
- The loss of prospective net accumulations to the estate if the survivors include a spouse or lineal descendants, or if the estate includes a surviving parent of a deceased adult child.
- Medical or funeral expenses charged to the estate or paid by or on behalf of the deceased.
To be successful in a wrongful death lawsuit, the plaintiffs have to be able to prove the defendant was negligent or breached some duty of care toward the deceased and that this negligence was the cause of the death. Plaintiffs also must be able to prove the damages or compensation they are seeking. Doing this requires a thorough understanding of Florida wrongful death law and legal procedure, as well as experience negotiating settlements with insurance companies. The Boca Raton wrongful death attorneys at Hersh Kirtman Injury Law possesses all the knowledge, skill and experience required to be successful in a Boca Raton wrongful death claim. Our record of results includes multi-million dollar outcomes in wrongful death matters involving claims including car crashes and medical malpractice. Although every case is different, you can count on our team to approach your matter with compassion, sensitivity, and to use all available skills and resources to obtain a successful result that achieves justice and holds the at-fault party accountable for the loss of your loved one.
Contact Our Experienced Wrongful Death Lawyers in Boca Raton, FL Today for a Free Consultation
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 and help you too. Contact our wrongful death lawyers today by calling 561-208-3700 for a free consultation.
