Losing a loved one is one of the most difficult experiences a person can go through, especially when someone else’s negligence or wrongdoing caused the death.
If you find yourself in this heartbreaking situation in West Palm Beach, FL, you may recover compensation through a wrongful death claim.
A compassionate and skilled West Palm Beach Wrongful Death Lawyer can guide you through this difficult process and fight for the justice and compensation your family deserves.
At Hollander Law Firm Accident Injury Lawyers, we understand the profound grief and challenges you face after losing a loved one due to someone else’s wrongful actions. We are here to provide the support and legal representation you need during this difficult time.
Our team of dedicated attorneys has years of experience handling wrongful death cases in West Palm Beach and throughout Florida. We’re committed to helping families like yours seek the closure and financial security you need to move forward.
Contact us today for a free consultation and learn how we can help.
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The Experienced West Palm Beach Injury Lawyers at Hollander Law Firm Accident Injury Lawyers Can Add Value to Your Wrongful Death Lawsuit
When choosing a wrongful death attorney to represent your family, you need a law firm with extensive experience successfully handling these complex, high-stakes cases.
At Hollander Law Firm Accident Injury Lawyers, our seasoned attorneys have a proven track record of securing substantial settlements and verdicts for families who have lost loved ones due to negligence.
We have recovered millions of dollars on behalf of our clients, including:
- $4.5 million for the family of a patient who died because of a medical error
- $2.4 million for the family of a truck accident victim
While prior results don’t guarantee a particular outcome in your case, they demonstrate our commitment to thoroughly investigating wrongful death claims, meticulously preparing for trial, and not backing down against well-funded defendants and insurance companies.
You can count on our attorneys to:
- Treat you and your family with the utmost compassion, dignity and respect
- Provide emotional support and regular updates throughout the legal process
- Conduct an independent investigation into the cause of your loved one’s death
- Gather critical evidence to build the strongest case possible
- Consult with medical, financial, accident reconstruction and other experts
- Identify all possible sources of compensation
- Handle all communications and negotiations with the insurance company
- Take your case to trial if the other side won’t agree to a fair reciving settlement
- Cover all the upfront costs of pursuing your claim so you pay nothing out of pocket
What Is Wrongful Death?
Wrongful death is a legal term used to describe a situation where someone dies due to the legal fault of another person or entity. This can occur as a result of negligent, reckless, or intentional conduct.
While an accident like a car crash or medical error may be unintentional, it can still constitute wrongful death if it stems from negligence – the failure to exercise reasonable care.
If the at-fault party had acted differently or taken proper precautions, the death would not have occurred. Wrongful death doesn’t have to be caused by a single action or event.
It can also result from an ongoing pattern of negligent behavior, such as a trucking company’s failure to maintain its vehicles or a nursing home’s understaffing leading to substandard care.
What Is a Wrongful Death Action?
An action for wrongful death is a civil lawsuit brought by certain surviving family members or the personal representative of the deceased person’s estate. The purpose is to obtain monetary damages for losses the decedent’s survivors and estate suffered due to the untimely death.
While state prosecutors may bring a criminal case against the at-fault party seeking punishment (e.g. jail time), a wrongful death claim is a separate matter focused on compensation. The burden of proof is also lower in civil court—a preponderance of the evidence rather than beyond a reasonable doubt.
Who Can Bring a Wrongful Death Action in FL?
Under the Florida Wrongful Death Act, only the personal representative of the decedent’s estate can file a wrongful death lawsuit. This is usually the executor named in the will or an individual appointed by the court. The estate’s personal representative brings the claim on behalf of the deceased person’s surviving family members and the estate itself.
Surviving family members who may recover damages in a Florida wrongful death action include:
- The decedent’s spouse
- The decedent’s children (minor and adult)
- The decedent’s parents
- Any blood relative or adoptive sibling who was “partly or wholly dependent on the decedent for support or services”
The decedent’s estate may also recover certain damages that it incurred due to the death.
Common Causes of Wrongful Death in West Palm Beach
Some of the most common causes of wrongful death in West Palm Beach that our attorneys handle include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Boating and jet ski accidents
- Nursing home abuse and neglect
- Medical malpractice
- Defective products
- Slip and fall accidents
- Intentional violence like shootings and stabbings
- Work-related accidents
Regardless of how your loved one died, if you suspect someone else’s negligence played a role, it’s critical to speak with an experienced wrongful death lawyer who can evaluate your case and advise you of your legal options.
Who Can You Hold Liable for a Loved One’s Wrongful Death?
Any person or entity whose negligent, reckless, or intentional acts caused someone’s death can potentially be held liable in a wrongful death lawsuit.
Depending on the circumstances, liable parties may include:
- Drunk, distracted, or reckless drivers
- Trucking companies that fail to train drivers or maintain vehicles
- Doctors, nurses, and hospitals responsible for common medical errors
- Nursing homes that neglect or abuse residents
- Property owners who don’t fix hazardous conditions
- Product manufacturers, distributors, and retailers
- Employers that don’t provide workers with proper safety equipment or training
- Government entities responsible for designing and maintaining safe roadways
Multiple parties may share liability for a wrongful death. A skilled attorney can identify all potential defendants to maximize your financial recovery.
Time Limits on Filing a Wrongful Death Claim in Florida
You have a limited time to file a wrongful death lawsuit in Florida. The statute of limitations generally gives you two years from the date of death, with a few narrow exceptions that may extend this deadline.
If you try to file a lawsuit after the statute of limitations expires, the court will almost certainly dismiss your case. That’s why you must speak with an attorney as soon as possible so you don’t lose your right to seek justice for your loved one.
What if My Loved One Partly Caused the Accident?
If your loved one was partially at fault for the accident that claimed their life, you can still recover compensation as long as they were 50% or less to blame. However, any damages awarded will be reduced by your loved one’s percentage of fault.
For example, if your spouse died in a car crash and was found to be 20% at fault, you could still recover up to 80% of the total damages awarded. An attorney can gather evidence to minimize your loved one’s assigned fault and fight against any attempts by the other side to unfairly shift blame.
What Types of Damages Are Available in Florida Wrongful Death Cases?
In a successful Florida wrongful death case, surviving family members and the decedent’s estate may recover compensation for:
- Medical and funeral expenses
- Lost wages, benefits, and other income the deceased would have earned
- Loss of the decedent’s services, support and companionship
- Mental pain and suffering of the surviving spouse, minor children, parents (if the decedent was a minor child) and sometimes adult children
- Loss of parental guidance, instruction and companionship for minor children
- The decedent’s pain and suffering from the date of injury to the date of death
An attorney can calculate the full extent of your economic and non-economic damages to determine what constitutes a fair settlement.
Frequently Asked Questions About Wrongful Death Claims
How much does it cost to hire a wrongful death attorney?
At Hollander Law Firm Accident Injury Lawyers, we handle wrongful death cases on a contingency fee basis. This means you pay no upfront costs and we only collect a fee if we recover compensation for you.
Will I have to go to court for a wrongful death claim?
Many wrongful death cases can be resolved through out-of-court settlements. However, if the other side won’t agree to a fair settlement, we are fully prepared to argue your case at trial.
What if the at-fault party faces criminal charges?
A criminal case is separate from a civil wrongful death lawsuit. Even if the at-fault party is prosecuted, you must file a civil claim to recover damages.
Our attorneys can represent you in this process regardless of the outcome of any criminal proceedings.
How long will my wrongful death case take?
The timeline depends on the complexity of your case and whether it can be settled or has to go to trial. Your attorney can give you a better idea of what to expect.
Contact a Trusted West Palm Beach Wrongful Death Lawyer to Talk About Your Case Today
At Hollander Law Firm Accident Injury Lawyers, we know we can’t erase your grief, but we can fight to secure the justice and financial security you deserve in the aftermath of your heartbreaking loss.
With decades of experience and a long history of results, our West Palm Beach legal team is equipped to handle even the most complex wrongful death claims. Let us put our skills, experience, and resources to work for your family during this difficult time. Contact us today at (561) 556-2813 for a free, no-obligation consultation. Our West Palm Beach personal injury lawyers look forward to providing the answers you need and discussing how we can help your family move forward.
Visit Our West Palm Beach Law Office
Hollander Law Firm Accident Injury Lawyers
319 Clematis St #203, West Palm Beach, FL 33401
Phone: (561) 556-7873
Hours: Open 24 hours daily
