Wrongful Death Lawyer Serving Delray Beach
Our wrongful death lawyers have over 40 years of combined legal experience and recovered more than $100 million in verdicts and settlements. We have assisted more than 8,000 clients in the County and throughout the State of Florida.
Frankl Kominsky Injury Lawyers are dedicated to thoroughly investigating the details of the case, consulting with expert witnesses and communicating and negotiating with the at fault party’s insurance company. If you have lost a loved one due to the carelessness and negligence of someone else, contact us for a free consultation and let us handle it from there.
If a loved one has died as the result of the carelessness and negligence of another, contact the legal team at Frankl Kominsky Injury Lawyers. Let us help you seek compensation for your tragic loss.Wrongful Death Claims in Delray Beach
1. Car or Auto Accidents
Our Delray Beach car accident lawyers often deal with victims of car crashes in Delray Beach. Though cars are now made to be more stable and strong enough to undergo a crash, people get severely injured in car crashes. Some, unfortunately, die on the spot or succumb to grave injuries from the crash later.
2. Accidents Involving Semi-trucks, Commercial Trucks, Tractor Trailers or 18- Wheelers
With Delray Beach hosting a large number of businesses, commercial trucks traversing the area isn’t a rare sight anymore. These large, heavy-duty trucks can collide into pedestrians, cars, or even other trucks.
3. Motorcycle, Bike and Pedestrian Accidents
Motorcycles and bikes, because of their size, are not too dangerous but at greater speeds can still cause serious harm to pedestrians – possibly even death.
4. Negligent Security (Lack of Security)
If a place does not have sufficient security arrangements, such as security checks at entrances or cameras in the building to prevent dangerous events such as a robbery, rape, or murder, it can result in someone’s death. Negligent security law applies to public places such as shopping malls, parking lots, or a hotel room, where you are victimized because of the lack of security measures in places.
5. Premises liability
Premises liability occurs when a condition or situation in a place is harmful and has the potential to cause accidents. These could include bad electrical wiring that could electrocute someone to death, wet floors that could cause a fatal slip and fall accident, or a gas leak that causes an explosion.
6. Workplace Deaths
If a person dies while on-the-job, it is classified as a workplace death. With so many new businesses of all sorts opened up in Delray Beach, workplace deaths have also seen a spike. There can be many causes of workplace deaths, the most common ones being road accidents involving delivery trucks, or dangerous slip and fall accidents while working in unsafe conditions.
7. Slip, Trip and Fall Accidents
One of the most common reasons that result in death is a slip and fall accident. It doesn’t sound very consequential, but slips and trips can end up taking someone’s life, especially if it’s from a high elevation. Many slip and fall accidents occur in workplaces where workers are working at high elevations cleaning windows or painting edifices. Construction companies see a lot of workplace deaths resulting from mere slips and falls. People can also slip from ladders at home if the ladders are not up to standard.
8. Defective Products
Defective products can end up taking people’s lives. In such cases, the manufacturer may be held responsible for not complying with quality standards meant to prevent such occurrences. A ladder with the screws not tight enough can give way under a person. A surgical stapler not properly designed can cause death. Defective car parts can cause fatal accidents.
9. Medical Malpractice
Medical malpractice occurs because of the negligence of doctors and surgeons, where they deviate from normal practices when it comes to dealing with specific illnesses or injuries. This includes prescribing the wrong medication, failure to consider drug interactions, failure to properly diagnose a medical condition, failure to follow professionally accepted standard procedures or making mistakes during surgery. A slight mistake or recklessness on the doctor’s part could end up in someone losing their life.Delray Beach: Who can file a wrongful death claim?
In Florida, the personal representative of the deceased person's estate is eligible to file the wrongful death claim. The personal representative is someone that may be named in the deceased person's will or estate plan. If there is no will or estate plan, the personal representative will be appointed by the court.
Although the wrongful death claim is filed by the personal representative, it is filed on behalf of the deceased person's estate and any surviving family members. In the wrongful death claim, the personal representative must list every survivor who has an interest in the case.
If the deceased were married, the surviving spouse or widow, if eligible to file for the wrongful death claim and receive damages for loss of companionship, loss of financial support, and other losses.
The parents of the deceased are also some of the primary relatives who can file a wrongful death case, regardless of the deceased’s status as a minor or adult. The parents also stand to benefit from damages for loss of support and services, and anguish.
The deceased children are some of the main beneficiaries of the damages claimed. They can file a wrongful death claim for the death of their parents and can cite the loss of parental guidance and protection and loss of support and services as their losses.
- Other Family Members and Dependents
In the absence of designated beneficiaries and close family members, other distant family members are also allowed to bring a wrongful death lawsuit, such as grandparents, aunts and uncles, and even financial dependents.
If you have questions regarding a claim for the wrongful death of your loved one, contact Frankl Kominsky Injury Lawyers. We can help guide you as to how to proceed with your claim. Your initial consultation is free.After a Wrongful Death: Damages You Can Pursue
The monetary damages that you may recover in a wrongful death lawsuit are carefully calculated, you can pursue damages for the financial expenses and uncertainty the survivor and family of the deceased must have had to face in the wake of the death. You can also demand compensation for non-computable factors such as the pain, anguish, and loss of consortium that you faced. Some of the most common damages that you can claim when you file a wrongful death claim include:
- Funeral and Burial Expenses
The immediate arrangement of a funeral and burial is costly and can range from $7000 to $12000. Not everybody is prepared for the expense. The monetary damages claimed from the lawsuit can be used to cover all funeral-related expenses of the deceased.
- Medical Bills from the accident/injury leading to the death
The deceased may have been gravely injured and hospitalized before they succumbed to death. They may have had major surgical operations in failed attempts to save their life. Those medical bills are not simply waived off if the patient passes; the family needs to pay the hospital. Medical expenses, in a life-threatening situation, can be substantial, and not everybody can afford it. The damages pursued should be able to fully cover and pay for the medical expenses that accompanied the death.
- Pain and Suffering
Though no monetary damage will ever be able to make up for the life of a person and the pain it brings to the surviving family members, you can pursue damages for the emotional trauma, anguish, and misery the death brought you.
- Lost Earnings, Loss of Support and Services, Loss of Net Accumulations
The deceased’s earnings may have been a big contributor in running the household and supporting the quality of life of their family members. The death also bids farewell to a steady source of income for the family, many of whom may have made decisions and investments depending on it. The damages should include the potential future income that the family would have received had the death never occurred, so they don’t have to worry about finances on top of the trauma of losing a loved one.
- Loss of Companionship, protection, guidance, and instruction
You can also bring a claim for the loss of consortium. The death of the deceased may have caused you to lose out on the company of the deceased and the guidance and protection that the deceased offered. Children may have lost a parental figure and their love, while a parent may have depended on the deceased for physical and financial tasks. These factors may seem difficult to account for in a lawsuit, but they are often claimed.
An experienced wrongful death attorney can try to help guide you about what more damages you could pursue, depending on your specific case.Calculating Wrongful Death Claims Worth
Many factors come into play when calculating the damages in wrongful death claims. These can include
- The loss of support and services, financial, physical, or emotional, that the deceased was providing.
- The relationship of the deceased to the survivor
- The amount of income that was expected had the victim been alive, and how it helped support the survivor
- Replacement value of the services that the deceased provided for the plaintiff, such as household chores that the survivor will now have to pay to have done.
- Medical, burial, and funeral expenses attributed to the injury or death.
In computing future losses, the age and life expectancy of the survivor and deceased will be considered. The minority period of the children will also be accounted for, if it applies. The surviving spouse may be eligible to receive damages for loss of companionship and protection, as well as compensation for mental pain and suffering that the death of a spouse brings.
If the deceased had minor children, the children will be given compensation for lost parental companionship, instruction, and guidance, along with reparation for the mental and emotional pain of losing a parent.
Likewise, each parent of a deceased minor child may be awarded compensation for mental pain and suffering. In the absence of a spouse or children of the deceased, compensation may also extend to each parent of an adult child.Florida Wrongful Death Claims: How Long Do You Have To File a Lawsuit
If a family member or loved one has suffered and died an untimely death due to the negligence of someone else, you may be able to pursue a wrongful death lawsuit against the at-fault party. Florida’s Statutes of Limitations gives you only two years from the date of death to file your lawsuit. If you fail to file within this time, your case will likely be dismissed and you may be barred from pursuing your claim.
Find out more about the Statute of Limitations for wrongful death claims in Delray Beach, Florida, and why it is essential to file the lawsuit before the Statute of Limitations expires. Contact our Personal Injury Lawyers for a free consultation and legal guidance.Benefits of Hiring Frankl Kominsky Injury Lawyers
At Frankl Kominsky Injury Lawyers, we strive to provide diligent legal representation and phenomenal case management along with superior client services. As our client, you have an entire team of seasoned injury professionals on your side.
Call (561) 800-8000 to get in touch with our lawyers who are available to serve Delray Beach and start your free consultation today!