Has someone you love died as a result of a tragic accident in West Palm Beach, FL? If someone else’s careless or wrongful action caused your loved one’s death, you may have the right to financial compensation.
The experienced West Palm Beach wrongful death lawyers at Hollander Law Firm, P.A., are ready to fight to hold negligent parties accountable to help you get justice and protect your own financial future.
If you’re ready to explore options for recovering compensation after losing a loved one, call our West Palm Beach, Florid law office for a free consultation today.
The Experienced West Palm Beach Injury Lawyers at Hollander Law Firm, P.A., Can Add Value in Your Wrongful Death Lawsuit
The loss of a loved one is always heartbreaking–especially when that death comes far too soon because of someone else’s careless acts. You might soon find that you don’t have the money to pay your bills, let alone cover the cost of a respectable funeral and burial. You shouldn’t have to handle both the emotional and financial losses.
While you’re dealing with the pain of your loss, a West Palm Beach personal injury lawyer can handle the details. Fighting to get fair compensation for our clients is our number one priority at Hollander Law Firm, P.A. We have over 28 years of experience and know how to get things done.
Our passion for the law and dedication to our client speaks for itself–in the form of the millions of dollars that we’ve already recovered for clients across South Florida. Recent examples of settlements and verdicts in wrongful death cases include:
- $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
At Hollander Law Firm, P.A., we know that every case and every client is different. That’s why our attorneys give you the personal attention you deserve. We’ll investigate to find out what caused your loved one’s accident. Then, we’ll work to identify every possible party who might be responsible.
Losing a loved one is one of the most difficult things you’ll ever have to experience. When you’re ready to learn more about holding the responsible parties accountable, call our experienced wrongful death attorneys in West Palm Beach to get started.
What is an Action for Wrongful Death?
A wrongful death lawsuit is a claim for compensation brought on behalf of a deceased victim’s survivors. Most causes of action that give you the right to seek compensation under personal injury law also provide justification in wrongful death cases. The difference, of course, is that the injuries your loved one suffered proved fatal.
Wrongful death claims are filed in civil court against a party who caused someone’s death because of:
- Reckless acts
- Wrongful behavior
- Breach of contract or warranty
Notably, wrongful death actions are not criminal matters. Even if the state of Florida decides to prosecute the person responsible, you may still have the right to file a civil lawsuit for monetary damages.
Parties Eligible to Claim Damages for Wrongful Death
Florida law sets limits on the parties who are eligible to file a wrongful death lawsuit. Those parties are limited to surviving family members, including:
- A surviving spouse
- Minor children
- Parents of minor children
- Blood relatives who were dependant upon the decedent for financial support
- The estate’s personal representative
Technically, a wrongful death lawsuit is filed by the personal representative. The personal representative brings the lawsuit on behalf of the decedent’s survivors, or beneficiaries.
Common Causes of Wrongful Death in West Palm Beach
According to CDC data, the top three reasons for unintentional wrongful death are motor vehicle accidents, falls and poisoning. Our lawyers handle all types of wrongful death and injury cases, including auto accidents, falls, and more.
Some of the most common causes of wrongful death in West Palm Beach include:
- Car accidents
- Motorcycle accidents
- Boating accidents
- Bicycle accidents
- Truck accidents
- Uber or Lyft accidents
- Pedestrian accidents
- Construction accidents
- Medical malpractice
- Workplace accidents
- Fall accidents
- Defective products
Regardless of the type of accident, you have the right to seek damages for wrongful death in any case where your loved one could have filed a personal injury lawsuit had they survived.
Who Can Be Held Liable for Wrongful Death?
Establishing liability is a key element in getting fair compensation for your loved one’s death. Our lawyers believe in conducting a comprehensive investigation in every case we take on. Our detail-oriented approach is the foundation of our success.
We’ll locate the evidence necessary to protect your rights. That might include formal accident reports, eyewitness testimony, video surveillance, and more.
Parties who might be liable include:
- The at-fault driver in a car accident
- A drunk driver who caused an accident
- The manufacturer of a defective product
- A general contractor who failed to provide workers with proper safety gear
- A truck company that hired a negligent driver
- The doctor who made a mistake in your loved one’s treatment
Any party whose wrongful acts led to your loved one’s death can be held financially accountable. At Hollander Law Firm, P.A., our experienced lawyers are standing by to find out what caused your loved one’s death. Call us today to explore your options in greater detail.
Time Limits on Filing a Claim for Damages
Even though you’re grieving your loss, it’s important to take action soon to protect your right to compensation. The Florida wrongful death statute of limitations only gives you two years to sue for damages.
If the person intentionally caused your loved one’s death, the time limit may not apply. It’s always important to be proactive and take action quickly to safeguard your rights. Our lawyers are here to handle the details so that you can take care of your family.
What if My Loved One Partly Caused the Accident?
Insurance companies often try to scare a deceased accident victim’s family out of pursuing compensation. Trying to blame the victim is a common tactic. If the insurance company has already tried this with you, don’t give up.
Call an experienced personal injury attorney who can help. Even if your loved one was partly to blame, that doesn’t eliminate your right to compensation. It only means we might have to fight even harder to get what you deserve.
Florida is a comparative negligence state. That means you can recover damages even if your loved one’s actions contributed to the cause of the accident. Under the law, your compensation award will be reduced in proportion to the amount of fault assigned to the decedent.
For example, assume you were awarded $500,000 in damages. 20% of the blame was assigned to your loved one, and someone else was 80% to blame. You have the right to $400,000—80% of the total compensation award.
What Types of Damages Are Available in Wrongful Death Cases?
Damage claims in wrongful death cases are unique because they can vary depending upon the characteristics of the victim’s survivors. For example, compensation for a minor child’s financial support will be higher if the child was very young at the time of the accident.
Your damages award may include money for:
- Medical bills from the date of the accident to the date of death
- Lost earning potential (loss of financial support)
- Lost companionship and protection
- Loss of consortium
- Loss of parental guidance
- Pain and suffering
- Emotional distress
- Funeral expenses and burial costs
- And more
Facts and circumstances are important in establishing your right to non-financial (non-economic) damages based on wrongful death. For example, a minor child is entitled to compensation for loss of parental support if there was no surviving parent.
Loss of financial support is valued based upon your loved one’s earning potential, life expectancy and various other factors. The responsible party may also be required to pay interest on expenses you incurred after the date of the accident.
Our lawyers have the experience necessary to accurately value your claim. Our goal is to win the maximum compensation award possible in your case. The insurance company, on the other hand, will do everything they can to pay less than you deserve. We’ll work with a team of experts, which may include actuaries and other financial experts.
Having a strong lawyer in your corner will even the playing field so that your financial future is protected. The insurance company has a team of defense attorneys on their side. You deserve the same. Give us a call today to learn how an experienced West Palm Beach wrongful death attorney can add value in your case.
Call a Trusted West Palm Beach Wrongful Death Lawyer to Talk About Your Case Today
If you’ve lost a loved one in a fatal accident, call Hollander Law Firm, P.A., for help today. Our experienced personal injury attorneys are available to sit down and listen to what happened–and provide our opinion about how to get the compensation you deserve.
An experienced West Palm Beach wrongful death lawyer is just a phone call away. Give us a call to schedule your free consultation anytime.