A Boynton Beach wrongful death lawyer can provide important guidance when your family is facing the heartbreaking loss of a loved one. Losing someone unexpectedly is heartbreaking, and when that loss is caused by another party’s negligence or wrongful actions, the grief is often intensified by a deep sense of injustice.
Florida law allows families to seek accountability and pursue justice for the wrongful death of a loved one, but taking these steps requires legal knowledge and a true understanding of the emotional challenges that come with such a case. At Frankl Kominsky Injury Lawyers, we are dedicated to supporting families with compassion and professionalism during this difficult time.
We carefully explain your legal options and pursue accountability from those responsible. To speak with us in confidence and learn how we can assist you, call (561) 800-8000 to schedule a free consultation.
Boynton Beach Wrongful Death Guide
- How Our Boynton Beach Wrongful Death Lawyers Help Your Family
- Understanding Florida’s Wrongful Death Act and Your Rights
- Common Causes of Wrongful Death in Boynton Beach
- Recoverable Damages in a Florida Wrongful Death Lawsuit
- FAQs for Boynton Beach Wrongful Death Lawyers
- Work With a Boynton Beach Wrongful Death Lawyer to Pursue Justice
How Our Boynton Beach Wrongful Death Lawyers Help Your Family
While your family is grieving, the legal and financial pressures that follow a sudden loss can begin to mount. A wrongful death claim involves complex legal procedures and strict deadlines that are challenging to manage without professional assistance.
Our role at Frankl Kominsky Injury Lawyers is to lift that legal burden from your shoulders, allowing you to focus on your family. Our Boynton Beach wrongful death attorneys provide dedicated support every step of the way.
Compassionate Guidance From a Boynton Beach Wrongful Death Attorney
From the very first conversation, our approach is centered on providing clear, straightforward guidance with empathy. We take the time to listen to your story, answer your questions, and explain the legal process in plain language. We believe that you should be informed and empowered throughout every stage of your case. Our goal is to build a relationship based on trust and open communication, ensuring you feel supported during this incredibly difficult time.
Investigating a Wrongful Death Case in Boynton Beach
A successful wrongful death claim rests on a foundation of strong evidence. Our legal team initiates an immediate and thorough investigation into the circumstances surrounding your loved one's death. This may involve securing official reports from the Boynton Beach Police Department, interviewing witnesses, and preserving physical evidence from the scene of the incident.
We often consult with respected medical examiners, accident reconstructionists, and other leading professionals to build a clear and compelling case that establishes exactly how negligence led to the fatal outcome.
Identifying Liable Parties in a Boynton Beach Wrongful Death Claim
In many wrongful death cases, liability may extend beyond a single individual. Our investigation aims to identify every party whose negligence contributed to the fatal incident. For example, in a commercial trucking accident on I-95, the truck driver, the trucking company, a maintenance provider, or even a parts manufacturer might share responsibility.
In a case of medical malpractice, multiple providers could be liable. Identifying all potential defendants is a key strategy for ensuring your family has the best opportunity to achieve a just financial recovery.
Handling Insurance Companies and Negotiations After a Wrongful Death
For a grieving family, dealing with insurance companies and opposing attorneys can add an enormous burden during an already difficult time. Our team steps in to handle these interactions on your behalf, taking over all communications, responding to information requests, and managing every stage of the negotiation process.
Our attorneys bring extensive negotiation experience and a deep understanding of the strategies insurance companies often use to minimize claims. We prepare and present a detailed demand package that clearly outlines the full scope of your family’s losses, and we advocate with determination to reach a settlement that reflects the true impact of your loss.
Understanding Florida’s Wrongful Death Act and Your Rights
Wrongful death claims in Florida are governed by a specific set of laws known as the Florida Wrongful Death Act, found in Florida Statutes sections 768.16-768.26. This Act defines who is eligible to file a claim and what types of damages may be recovered. It is a complex piece of legislation that requires careful interpretation by a knowledgeable lawyer for wrongful death.
Who Can File a Wrongful Death Lawsuit in Florida
Under the Act, a wrongful death claim is not filed directly by the family members. Instead, the claim must be brought by the personal representative of the deceased person's estate.
This representative, who may be named in the decedent's will or appointed by the court, files the lawsuit on behalf of the estate and the surviving family members. The eligible survivors, often referred to as "statutory survivors," typically include:
- The spouse of the deceased.
- The minor children of the deceased, and in some cases, adult children.
- The parents of the deceased.
- Other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support.
The specific survivors who may recover damages depend on the unique circumstances of each family. An experienced attorney can clarify who qualifies as a survivor in your specific situation.
Florida’s Statute of Limitations for Wrongful Death Claims
One of the most important aspects of the Florida Wrongful Death Act is the strict time limit for filing a claim, known as the statute of limitations. For most wrongful death cases in Florida, the personal representative has two years from the date of the death to file a lawsuit.
If a claim is not filed within this period, the family will likely lose its right to seek compensation forever. This deadline makes it important to speak with a Boynton Beach wrongful death lawyer as soon as possible to preserve your family's legal rights.
Common Causes of Wrongful Death in Boynton Beach
A wrongful death can arise from nearly any type of personal injury incident where negligence is a factor. Our firm has experience representing families in a wide variety of these tragic cases throughout Boynton Beach and Palm Beach County.
Fatal Car and Truck Accidents in Florida Wrongful Death Cases
Vehicle collisions are a leading cause of wrongful deaths in Florida. These fatal accidents are often the result of driver negligence, such as speeding, distracted driving, or driving under the influence of alcohol or drugs. Accidents involving large commercial trucks on major highways like the Florida Turnpike or I-95 can be particularly devastating due to the immense size and weight of the vehicles involved.
Wrongful Death From Medical Malpractice in Boynton Beach
When a doctor, nurse, hospital, or other healthcare provider fails to meet the accepted professional standard of care, and that failure results in a patient's death, it may be grounds for a wrongful death claim. Examples include surgical errors, misdiagnosis of a serious condition, medication errors, and birth injuries that lead to the death of the infant or mother.
Premises Liability and Fatal Accidents in Boynton Beach
Property owners in Boynton Beach have a duty to keep their premises in a reasonably safe condition for visitors. If a dangerous condition on a property, such as negligent security that allows a violent crime to occur, or a poorly maintained swimming pool that leads to a drowning, causes a fatal accident, the property owner may be held liable. These cases hinge on proving the owner knew or should have known about the hazard and failed to take reasonable steps to fix it.
Defective Products and Wrongful Death Claims in Florida
Manufacturers, distributors, and retailers have a responsibility to make sure their products are safe for consumers. According to the U.S. Consumer Product Safety Commission, companies in the supply chain can be held accountable when a defective product, such as a faulty auto part, a dangerous prescription drug, or an unsafe piece of machinery, causes a death. These product liability claims can be complex and often require testimony from design and engineering experts.
Recoverable Damages in a Florida Wrongful Death Lawsuit
The purpose of a wrongful death claim is to seek compensation for the losses experienced by both the estate of the deceased and their surviving family members. Under the Florida Wrongful Death Act, several forms of compensation may be available. A wrongful death lawyer in Boynton Beach can assist your family in carefully documenting these losses.
Damages Recovered by the Estate in a Wrongful Death Case
The personal representative may recover certain economic damages on behalf of the estate. These damages are intended to compensate the estate for financial losses it incurred as a result of the death. They typically include:
- Lost earnings and benefits of the deceased person from the date of injury to the date of death.
- The prospective net accumulations of the estate, which is the value of earnings the deceased might have been expected to save and leave as part of their estate had they lived a normal lifespan.
- Medical and funeral expenses that were paid directly by the estate.
These damages are calculated based on factors like the decedent's age, health, profession, income, and life expectancy prior to the fatal incident.
Damages Available to Surviving Family Members
The statutory survivors may also recover damages for their own personal losses. These damages are meant to compensate them for the profound financial and emotional impact of losing their loved one. Depending on their relationship to the deceased, survivors may recover compensation for:
- The value of lost support and services that the deceased provided to the family.
- The loss of the deceased's companionship and protection, in the case of a surviving spouse.
- The loss of parental companionship, instruction, and guidance, for surviving minor children.
- Mental pain and suffering, which is recoverable by the spouse, minor children, and parents of the deceased.
Valuing these intangible losses requires a deep understanding of the law and the ability to convey the true human cost of the family's tragedy.
FAQs for Boynton Beach Wrongful Death Lawyers
What is the main difference between a wrongful death claim and a survival action?
In Florida, a wrongful death claim compensates the surviving family members for their own losses, such as lost support and emotional pain. A survival action, which is part of the overall claim brought by the estate, seeks to recover the specific economic losses the deceased person incurred between the time of their injury and their death. Think of it as the personal injury claim the decedent might have brought had they survived.
How is a settlement in a wrongful death case distributed among family members?
When a wrongful death case settles, the distribution of funds among the statutory survivors can be complex. If the survivors can agree on a fair allocation, the court will typically approve it. If they cannot agree, the court will hold a hearing to determine how the settlement should be divided based on the specific losses each individual survivor has suffered.
Can a wrongful death claim be filed if there is also a criminal case?
Yes, a civil wrongful death lawsuit is completely separate from any criminal charges the state might pursue against the at-fault party. The two cases proceed independently, and the outcome of one does not necessarily determine the outcome of the other. The standard of proof is also different; a civil case requires proving negligence by a "preponderance of the evidence," which is a lower burden than the "beyond a reasonable doubt" standard used in criminal cases.
What if my loved one was partially at fault for the accident that caused their death?
Florida's comparative negligence laws apply to wrongful death cases. This means that if the deceased person was found to be partially responsible for the incident, the total damages awarded to the family may be reduced by their percentage of fault. For example, if the total damages are $1 million and the decedent was found 20% at fault, the final recovery would be reduced to $800,000.
How do you prove the value of a non-working spouse's contribution to the family?
The loss of a stay-at-home spouse or parent has a tremendous value that the law recognizes. Proving this loss involves calculating the economic value of the services they provided, such as childcare, home management, and education. We may use testimony from economists and family members to demonstrate the significant financial impact of losing these contributions, in addition to the profound emotional loss of their companionship and guidance.
Work With a Boynton Beach Wrongful Death Lawyer to Pursue Justice
No amount of compensation can ever replace a loved one. However, the legal process can offer a sense of justice and help provide financial stability for a family facing an uncertain future.
A wrongful death claim allows you to hold negligent parties accountable for the harm they have caused and affirms that such conduct has no place in our community. For many families, taking this step can also play an important role in the healing process.
The legal team at Frankl Kominsky Injury Lawyers, our trusted Boynton Beach personal injury lawyers, is here to guide you through every stage of this journey. We understand the care these cases require and are dedicated to offering supportive, effective representation for your family.
To learn more about how we can help, contact us at (561) 800-8000 to arrange a free and confidential consultation.