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Should you suffer the loss of a loved one due to the negligence of another, a wrongful death claim may be pursued to recover for the harm caused to the estate and the deceased’s beneficiaries. Losing a family member in an incident caused by another’s negligence generally results in a sudden unexpected loss that often results in an enormous emotional toll on the family. Florida law contains the Wrongful Death Act, which outlines the rights afforded to families who tragically lost loved ones due to negligence, or worse. It is important to retain the help of our trusted Delray Beach wrongful death lawyers who will guide you through this difficult time with knowledgeable, compassionate and personalized service.
At Hersh Kirtman Injury Law, our Delray Beach wrongful death lawyer has years of experience providing trusted legal counsel to clients who have suffered the unimaginable loss of a loved one due to wrongful death. We dedicate ourselves to helping clients through this difficult time, guiding them through an unfamiliar process at the most tragic time for them. Our team of Delray Beach wrongful death lawyers will work hard to protect, guide, and advocate for your rights and interests throughout the claims process as we help you get justice for your loved one.
In Florida, there is only one person who may actually file a wrongful death claim. Florida’s Wrongful Death Act makes clear that the individual who must bring a wrongful death claim is the person appointed as the personal representative of the deceased’s estate. This means that to bring a wrongful death claim, a probate proceeding must commence so that an individual may be appointed as the personal representative. The personal representative may be someone named in the deceased’s will, or the personal representative may be determined based on statute should the deceased not have a will. The personal representative is often a spouse, or other family member.
While the personal representative brings the wrongful death claim, he or she does so on behalf of the estate and the deceased’s survivors. Florida’s Wrongful Death Act defines who a deceased’s survivors are, and what damages are available. Who may claim damages as a survivor of a loved one lost due to another’s negligence depends on the circumstances in the case, but generally includes one or more of the following:
If your loved one has passed unexpectedly due to the negligence of another party, contact one of our trusted Delray Beach wrongful death attorneys to learn your rights under the Wrongful Death Act.
The statute of limitations is a legal term used to describe the amount of time within which a lawsuit must be filed. Once the statute of limitations runs out, no lawsuit is permitted. Wrongful death claims in Florida are subject to a two year statute of limitations. Therefore, should someone pass away from another’s negligence, the deceased’s personal representative must bring the claim on behalf of the estate and the survivors within two years from the deceased’s passing.
A wrongful death claim can be complex. The longer one waits to begin the process, the more difficult it can be to collect key evidence. It is imperative that you contact one of our Delray Beach wrongful death lawyers as soon as possible to take the first steps toward pursuing justice for your loved one.
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
At Hersh Kirtman Injury Law, our team of wrongful death attorneys in Delray Beach understands that the days, weeks, and months following the unexpected loss of a family member can be extremely difficult for loved ones. We recognize that nothing could ever make up for this loss. Our system however holds those responsible accountable by forcing the payment of compensation for the loss.
To pursue this justice, your wrongful death lawyer will need to be able to identify the responsible party or parties in your case and prove their liability. To prove liability in a wrongful death claim, one of our Delray Beach wrongful death attorneys will collect evidence to establish the elements of negligence in your case. These elements include the following:
To ensure you and your family are able to pursue the justice you deserve after losing a loved one due to another’s negligence, contact our team of Delray Beach wrongful death lawyers to learn more about the legal options available to you.
After you have suffered the loss of a loved one, you and your family may have the right to pursue justice. Speak to one of our experienced wrongful death attorneys to understand your rights.
At Hersh Kirtman Injury Law, we provide clients with personalized and compassionate representation. If you are interested in a free case evaluation with one of our Delray Beach wrongful death lawyers, contact us today by calling us at (561) 208-3700 or by filling out our contact form.
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.
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.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 561-208-3700
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