Wrongful Death Lawyer Serving Lantana
Lantana is a quaint town nestled between Lake Worth and Boynton Beach, Florida with a growing population of over 10,000 residents that call Lantana home. Many of the residents use major highways such as I-95, the Florida Turnpike, and Federal Highway to commute to and from work and neighboring cities. Hospitals across Palm Beach County have reported an increase in fatalities as a result of car and auto accidents such as vehicle pileups, t-bone and side impact accidents.
Death is something that can’t be avoided in our lives. No matter what age we may happen to be, from the time we are old enough to talk, death can find its way into our existence. For a small child, it may be the death of a goldfish or a favorite pet. For others, it may be the tragic loss of a close relative or even a parent. However, even for those of us who understand the meaning of death, this form of loss can be a confusing and troubling time. While we can understand that death is something that we will eventually encounter, it can be far more catastrophic when we find ourselves having to deal with a death that shouldn’t have occurred in the first place.
In addition, this type of tragedy can be made even worse when it comes about as a result of actions made by those who we are expected 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. There is also an increased amount of stress that can come from difficult financial issues that have arisen from a wrongful death situation. In the face of this type of situation, you may decide to seek the assistance of a wrongful death lawyer serving Lantana. Obviously, there’s nothing that can be done in order to bring back those we care about. However, it may be possible to handle some of the financial difficulties that might result from a wrongful death occurrence.Types of Wrongful Death Cases we are Available to Handle
- Car or Auto Accidents
- Accidents Involving Semi-trucks, Commercial Trucks, Tractor Trailers or 18-Wheelers
- Motorcycle, Bike and Pedestrian Accidents
- Workplace Deaths
- Slip, Trip and Fall Accidents resulting in death
- Defective Products
- Medical Malpractice
If an individual has made the decision to file a Lantana wrongful death lawsuit, there must first 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.Florida Statute of Limitations: Wrongful Death Claims
It’s important to take into account the fact that there is a statute of limitations that applies when filing a wrongful death lawsuit. In general, the statute of limitations that applies to a wrongful death lawsuit is 2 years from the time of death. This is outlined in Florida Statutes section 95.11(4)(d). Of course, there are some (very) rare exceptions to this. If you have any questions regarding these exceptions, then you may wish to consult with a wrongful death lawyer serving Lantana. 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.What is the Florida Wrongful Death Act?
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).
One of the often misunderstood things when it comes to facing death is the emotional effect that it can on us. Things, in general may become confusing. This is especially true when dealing with the death of a close loved one. For the majority of people, legal procedures are things that are not at all familiar. When it comes to the emotional trauma of death, coupled with constructing a valid wrongful death lawsuit, most of us would be at a loss. In addition, while you are focused on getting restitution for your past, current and future financial losses, you may be going up against legal professionals working with the other party. 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. This is precisely the reason why it is suggested that you seek the advice of a wrongful death lawyer serving Lantana.
Our attorneys are sympathetic to your situation and are dedicated to pursuing the compensation that you need and deserve.Contact a Wrongful Death Lawyer Serving Lantana to Protect Your Rights
A loved one’s fatality can result from a vast number of different sources. These can include; motor vehicle accidents, medical malpractice, fatal slip and fall accidents, defective products and other, unexpected situations. These may occur in Lantana at any given moment in time. If your loved one has been in an accident and died due to the negligence of someone else, it is advised that you seek the advice of a wrongful death attorney.Start Your Consultation Today
Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-660-9562 or use our Contact Form to set up a free consultation.