Wrongful Death Lawyer Serving Lake Worth
The quaint city of Lake Worth is located in Palm Beach County just north of Lantana and east of Greenacres. According to a Census taken in 2010, the city is home to over 34,000 residents including many retirees and snowbirds.
The city is home to the Lake Worth Historical Museum and the Art Deco Lake Worth Playhouse and offers annual events such as the Street Painting Festival and Finlandia Week, both of which attract thousands of people.
A recent article by WPTV listed I-95 and 6th Ave and 1-95 and 10th Ave of the most dangerous intersections in Palm Beach County and with that comes increased risk of being injured in a traffic accident, or worse, death.
It can be even more tragic, if that unnecessary death came about due to the actions of someone that we were initially supposed to trust. An example of this might be an untimely death that was caused by a reckless driver who has somehow made an obvious error in their judgment. Should this happen to be the case, it may be possible to recover the financial losses associated with the negligence.
If so, then it is advisable to seek the help of a wrongful death lawyer serving Lake Worth. While it’s true that we can’t do anything to bring back our lost loved ones, it may be possible to avoid some of the additional financial troubles which may result from a situation involving a wrongful death.Who can File a Wrongful Death Claim
To understand how a wrongful death lawsuit is filed, you must first know that there needs to be a personal representative. In many cases, the person who is to represent the deceased has already been named in the deceased’s will. If this is not the case, then the personal representative will be appointed by the court. This person is usually the deceased’s spouse, child or parent. The lawsuit is generally filed on behalf of the person’s surviving family members and the estate.
But before that decision can be made, the court will need to have a complete list of all those who would have an interest in the wrongful death lawsuit. Besides those people already mentioned, this list may also include the deceased’s biological and adoptive siblings, perhaps children who were born to unmarried parents and other blood relatives. When considering unmarried parents, a child would be eligible for an award from a lawsuit if the child’s mother is one who has died. If the deceased is the child’s father, then there must have been a formal declaration of his parentage to the child and therefore, he would have been obligated to provide support for that child.Lake Worth, Florida: What is the Statute of Limitations for Filing Wrongful Death Lawsuits?
When filing a wrongful death lawsuit in Florida, there is a statute of limitations that has been put into place. With some very rare exceptions, that limitation is 2 years from the time of the individual’s death. Florida Statutes section 95.11(4)(d). Failing to file a claim within Florida’s wrongful death statute of limitations may prohibit the deceased’s family from ever recovering compensation for their loved one’s death. If you have any questions contact an experienced wrongful death attorney for legal guidance. The initial consultation is free of charge, so there is nothing to lose.How to Calculate the Value of a Wrongful Death Claim
Different factors can go into calculating the worth of Wrongful Death Claims. These can include evaluating loss of support and services, the relationship of the survivor to the victim, the amount of the victim’s probable net income available for distribution to the survivor, and the replacement value of the victim’s services to the survivor.
In computing future losses, the joint life expectancies of the survivor and the victim will be taken into consideration. In the case of any healthy minor children, the period of minority will also be considered.
The surviving spouse may also receive damages for loss of companionship and protection, as well as compensation for mental pain and suffering from the date of injury.
If the children of the victim are minors, or if there is no surviving spouse, the children of the deceased may be compensated for lost parental companionship, instruction, and guidance. This can potentially include compensation for any mental pain and suffering. Likewise, each parent of a minor child may be awarded compensation for mental pain and suffering from the date of injury. Compensation may also extend to each parent of an adult child if there is no spouse or other survivors.
Keep in mind that the medical or funeral expenses attributed to the injury or death may also be recovered.
The types of damages that can be recovered in a Wrongful Death Claim:
- Medical Bills
- Funeral and Burial Expenses
- Lost Earnings, Loss of Support and Services
- Loss of Net Accumulations (future income)
- Pain and Suffering
- Loss of Companionship, protection, guidance, and instruction
In a situation in which someone has died as a result of the wrongful contact of someone else, then a civil action (wrongful death lawsuit) may be filed against the accused party. Since this is a civil action, it is considered separate from any other (criminal) charges. As such, The Florida Wrongful Death Act (Florida Statute 768.19) was instituted as a judicial means for surviving family members to be compensated for the loss of a loved one.The Florida Wrongful Death Act States:
Right of action.— When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued.
Damages.— All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint and their relationships to the decedent shall be alleged. Damages may be awarded as follows:Survivorship
- Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.
- The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
- Minor children of the decedent, and all the children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.
- Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
- Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them
- The decedent’s personal representative may recover for the decedent’s estate the following:
- Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors, excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
- If the decedent’s survivors include a surviving spouse or lineal descendants; or
- If the decedent is not a minor child as defined in s. 768.18 (2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
- Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).
- Evidence of remarriage of the decedent’s spouse is admissible.
- All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.
- The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106 (1).
First of all, one can expect that there may be strong emotional issues that are associated with the loss of loved one.
Now, imagine this situation with the addition of trying to prepare a legal case when it comes to obtaining restitution for your financial losses. And, then again, there is also one other important point to consider.
You may be going up against legal professionals who have quite a bit of experience when it comes to protecting their clients from lawsuits. This can possibly be true if you are bringing a claim against a hospital, physician or trucking company. This is why you may want to seek the assistance of one of our wrongful death lawyers serving Lake Worth. In the meantime, there are certain things that you will want to keep in mind.
First off, never accept any “quick settlements” that may be offered by the other party’s legal representatives or insurance company. Never take any money or sign any checks that they may present to you before first consulting with an experienced wrongful death attorney.
Even though they may make it look like a generous offer, it is most likely designed to pay you only a fraction of what you will need or are entitled to.
Get in touch with one of our wrongful death attorneys in order to obtain some advice on how you should proceed. Your first appointment is absolutely free – so you have nothing to lose. Our attorneys are sympathetic to your situation and are dedicated to assist you in this particularly difficult time.Speak to a Wrongful Death Lawyer to Protect Your Rights
A loved one’s fatality can result from many different types of situations. These can include: automobile accidents, accidents involving commercial trucks, motorcycle, bike or pedestrian accidents, workplace deaths, slip, trip and fall accidents, defective products or medical malpractice. If your loved one or someone you know has died due to someone else’s negligence, it is advised that you seek the advice of a wrongful death attorney. Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-660-9562 or use our Contact Form to set up a free consultation.