Pompano Beach Wrongful Death Attorney

Losing a loved one is a heartbreaking experience, but when someone else's negligence or wrongdoing causes their death, the pain is compounded by feelings of injustice and a desperate search for answers. In the blink of an eye, a family's world can be shattered, leaving them to face an uncertain future without the support, companionship, and love of the person they lost. 

Wrongful death can occur in many situations, such as a fatal car accident caused by a distracted or impaired driver, a workplace accident resulting from unsafe conditions or inadequate safety measures, or a defective product that leads to deadly consequences. These tragedies leave families struggling not only with grief but also with financial burdens, including medical bills, funeral expenses, and the loss of income their loved one provided.

During this turmoil, filing a wrongful death lawsuit may not be the first thing on your mind. However, taking legal action can be an essential step in securing justice for your loved one and holding those responsible accountable for their actions. 

A successful wrongful death claim can provide your family with the financial support needed to cover expenses, replace lost income, and compensate for the immeasurable loss of your loved one's presence in your lives. Talking to an experienced Pompano Beach wrongful death attorney can clarify your options and a sense of direction out of the dark.

Schedule A Free Consultation

Why Choose Frankl Kominsky Injury Lawyers in Pompano Beach, FL?

At Frankl Kominsky Injury Lawyers, we understand the profound impact of losing a family member due to someone else's negligence. Our compassionate and experienced Pompano Beach wrongful death attorneys are dedicated to guiding families through this difficult time, fighting tirelessly to secure the justice and compensation they deserve. 

We believe that no family should have to bear the financial burden of a loss that could have been prevented, and we are committed to holding negligent parties accountable for the harm they have caused. If you have lost a loved one due to someone else's wrongful actions, we invite you to contact our Pompano Beach office for a free, confidential consultation.

Our attorneys will listen to your story with empathy and understanding, provide guidance on your legal options, and work relentlessly to secure the best possible outcome for your family. Together, we can honor your loved one's memory and ensure that their legacy lives on through the pursuit of justice. Call us at 561-609-1948.

Where to Find Us in Pompano Beach

The Pompano Beach offices of Frankl Kominsky Injury Lawyers are located between I-95 and FL811A in McNab Executive Plaza at 1000 W. McNab Road, #182, Pompano Beach, Florida, 33069.

Understanding Wrongful Death in Florida

In Florida, wrongful death is defined as a death caused by the wrongful act, negligence, default, or breach of contract of another party. Essentially, if someone's misconduct or failure to act with reasonable care leads to the death of another person, it may be considered a wrongful death.

The Florida Wrongful Death Act is a state law that provides a legal framework for the families of individuals who have died due to the negligence, wrongful act, default, or breach of contract of another party. This law allows eligible surviving family members to seek compensation for the losses they have suffered as a result of their loved one's untimely death. The Act aims to hold the responsible parties accountable and provide financial support to the deceased's dependents.

Certain family members are entitled to file a wrongful death claim on behalf of the deceased. These eligible parties include:

• Surviving spouse: The deceased person's surviving spouse has the primary right to file a wrongful death claim in Florida. They may seek compensation for loss of companionship, emotional support, and financial contributions that the deceased would have provided.
• Children: If the deceased person has surviving children, they may be entitled to file a wrongful death claim. This includes both minor and adult children. In cases where the deceased has no surviving spouse, the children may recover damages for lost parental companionship, instruction, and guidance, as well as mental pain and suffering.
• Parents: When the deceased is a minor child or an adult with no surviving spouse or children, the parents may file a wrongful death claim. Parents may seek compensation for mental pain and suffering, as well as the loss of support and services that the child had provided or was expected to provide in the future.
• Blood relatives or adoptive siblings dependent on the deceased: In some cases, other blood relatives or adoptive siblings who were wholly or partly dependent on the deceased for support or services may be eligible to file a wrongful death claim. They must demonstrate financial dependence on the deceased and may seek compensation for lost support and services.

Statute of Limitations for Filing a Wrongful Death Claim in Florida

In Florida, the statute of limitations for most wrongful death claims is two years from the date of the person's death. However, there are some exceptions to this rule. 

Due to the complexity of wrongful death cases and the strict time limits involved, it is a good idea to consult with an experienced wrongful death attorney as soon as possible. An attorney can help navigate the legal process, gather evidence, and ensure that the claim is filed within the appropriate statute of limitations.

Common Causes of Wrongful Death

When a loved one's life is cut short due to the negligence or wrongdoing of another, it can be difficult to understand how such a tragedy could have happened. While no two wrongful death cases are exactly alike, some common causes lead to these devastating losses. Some of the most frequent scenarios that give rise to wrongful death claims in Florida include:

Car accidents

Motor vehicle accidents are a leading cause of wrongful death in Florida. These fatalities can result from various forms of negligence, such as distracted driving, driving under the influence of alcohol or drugs, speeding, or failing to obey traffic laws. When a car accident is caused by another driver's negligence and results in death, the victim's family may have grounds for a wrongful death claim.

Workplace accidents

Workplace accidents can lead to wrongful death, especially in industries such as construction, manufacturing, and transportation. Employers have a duty to provide a safe working environment, ensure proper training, and maintain equipment. If an employer's negligence or failure to adhere to safety regulations results in a fatal accident, the victim's family may be entitled to compensation through a wrongful death lawsuit.

Premises liability

Property owners have a legal obligation to maintain a safe environment for visitors and guests. When a property owner's negligence leads to a fatal accident, such as a slip and fall or a swimming pool drowning, they may be held liable in a wrongful death claim. This includes cases involving inadequate security measures that contribute to a person's death, such as a fatal assault or robbery on the property.

Defective products

When a defective product causes someone's death, the manufacturer, distributor, or seller may be held accountable through a wrongful death lawsuit. This can include defective vehicles, dangerous pharmaceuticals, or malfunctioning consumer products. Product liability cases often involve design defects, manufacturing defects, or a failure to provide adequate warnings or instructions.

Pedestrian accidents and bicycle accidents

Pedestrians and bicyclists are vulnerable road users, and when they are struck by a motor vehicle, the consequences can be deadly. If a pedestrian or bicyclist is killed due to a driver's negligence, such as failing to yield the right of way or driving under the influence, the victim's family may have a valid wrongful death claim. 

Determining Damages in a Pompano Beach Wrongful Death Lawsuit

When a wrongful death occurs, the surviving family members often face significant financial and emotional burdens. Survivors are allowed to seek compensation for the damages they have suffered as a result of their loved one's untimely death through filing a wrongful death claim or wrongful death lawsuit. The following types of damages may be recoverable:

• Medical and funeral expenses: Surviving family members may be entitled to compensation for the medical expenses incurred in connection with the deceased's final injury or illness, as well as the costs associated with their funeral and burial or cremation.
• Loss of support and services: The surviving spouse, children, or other dependent relatives may recover damages for the loss of financial support and services that the deceased would have provided had they lived. This includes the value of lost income, benefits, and household services, such as childcare, housekeeping, and property maintenance.
• Loss of companionship and protection: The surviving spouse may be entitled to compensation for the loss of their loved one's companionship, guidance, and protection. Children may also recover damages for the loss of parental companionship, instruction, and guidance.
• Mental pain and suffering: Surviving family members may seek compensation for the mental anguish, emotional pain, and suffering they have experienced as a result of their loved one's death. This can include grief, sorrow, and the loss of emotional support and affection.

What Might Affect the Value of a Wrongful Death Case?

The value of a wrongful death claim can vary significantly depending on several factors, including:

• The deceased's age, overall health, and life expectancy at the time of their death can impact the value of the claim, as these factors influence the calculation of future financial losses and the duration of the survivors' emotional suffering.
• The deceased's income, benefits, and potential future earnings can significantly affect the value of a wrongful death claim, as these factors determine the extent of the survivors' financial losses.
• The nature and extent of the survivors' losses. The specific losses suffered by each surviving family member, such as the loss of companionship, emotional support, and services, can impact the overall value of the claim.
• The circumstances surrounding the wrongful death. The nature and severity of the negligent or wrongful act that led to the death, as well as the available evidence and the identity of the responsible parties, can influence the value of the claim and the likelihood of a successful outcome. 

Calculating the appropriate amount of damages in a wrongful death case can be complex and often requires the skill of seasoned attorneys and financial experts. An experienced wrongful death lawyer can help families understand the types of damages they may be entitled to and work to secure the maximum compensation possible for their losses.

How Frankl Kominsky Injury Lawyers Can Help

Losing a loved one due to someone else's negligence or wrongdoing is an overwhelming and emotionally challenging experience. During this difficult time, having a compassionate and dedicated legal team on your side to guide you through the complexities of the legal system and fight for the justice and compensation you deserve can bring peace of mind.

The attorneys at Frankl Kominsky Injury Lawyers have extensive experience representing families in wrongful death cases in Pompano Beach and across Florida. Our team understands the state's wrongful death laws and the unique challenges these cases present. We have successfully handled a wide range of wrongful death claims, including those arising from motor vehicle accidents, workplace incidents, and defective products.

We are committed to advocating for the rights of surviving family members and holding negligent parties accountable for their actions. We understand that no amount of money can ever replace the loss of a loved one, but we believe that securing fair compensation can help alleviate the financial burdens and provide a sense of justice for the family.

Who is Responsible for a Wrongful Death?

Determining who is at fault in a wrongful death case is key to holding the responsible parties accountable and securing justice for the surviving family members. In many cases, multiple parties may share responsibility for the events that led to the tragic loss of life. These can include individuals, such as drivers, property owners, or medical professionals, as well as entities, such as corporations, manufacturers, or government agencies.

To establish liability in a wrongful death case, a lawyer must demonstrate that the defendant's negligence, wrongful act, or breach of duty directly caused the death of the deceased. This process involves several key steps:

• Investigating the incident: The attorney will thoroughly investigate the circumstances surrounding the death, gathering evidence such as police reports, medical records, witness statements, and expert opinions. This investigation helps to identify potential defendants and establish the facts of the case.
• Determining the duty of care: The lawyer must establish that the defendant owed a duty of care to the deceased. This means that the defendant had a legal obligation to act in a manner that would not cause harm to others. The specific duty of care varies depending on the relationship between the parties and the context of the incident.
• Proving breach of duty: Once the duty of care is established, the attorney must demonstrate that the defendant breached this duty through their actions or failure to act. This may involve showing that the defendant's conduct fell below the standard of care that a reasonable person would have exercised in similar circumstances.
• Establishing causation: The lawyer must prove that the defendant's breach of duty directly caused the death of the deceased. This requires showing that the death would not have occurred but for the defendant's negligence or wrongful act. In some cases, this may involve presenting expert testimony to establish the link between the defendant's actions and the fatal outcome.
• Demonstrating damages: Finally, the attorney must show that the surviving family members have suffered damages as a result of the wrongful death. These damages may include economic losses, such as medical expenses, funeral costs, and lost income, as well as non-economic losses, such as mental anguish and loss of companionship. 

Our attorneys investigate the circumstances surrounding the wrongful death, gather evidence, and build a strong case on behalf of our clients. We are skilled negotiators and litigators, and we are prepared to take cases to trial to achieve the best possible outcome for the families we serve.

By pursuing a wrongful death claim, families can send a powerful message that reckless and careless behavior will not be tolerated and that those responsible will be held liable for the harm they have caused.

Common Misconceptions About Wrongful Death Claims

When a family is coping with the sudden and tragic loss of a loved one due to someone else's negligence or wrongdoing, they may be hesitant to pursue a wrongful death case due to common misconceptions about the process. It's important to understand the facts and to separate them from the myths that may prevent families from seeking the justice and compensation they deserve.

Pursuing a wrongful death claim is disrespectful to the deceased

One common misconception is that pursuing a wrongful death claim is somehow disrespectful to the memory of the deceased. Some people may feel that seeking compensation for their loss is a selfish or greedy act. However, the truth is that a wrongful death claim is a way to hold the responsible parties accountable for their actions and to ensure that the surviving family members are provided for in the absence of their loved one. It is a way to honor the deceased by seeking justice on their behalf and to prevent similar tragedies from happening to others in the future.

Only wealthy families can afford to hire a wrongful death attorney

Another common misconception is that only wealthy families can afford to hire a wrongful death attorney and pursue a claim. This is simply not true. Many of the lawyers who handle these claims, including those at Frankl Kominsky Injury Lawyers, work on a contingency fee basis. This means that the attorney's fees are paid as a percentage of the settlement or verdict obtained, and there are no upfront costs for the family. This allows families from all economic backgrounds to access quality legal representation and to pursue the compensation they deserve.

A criminal conviction is necessary to pursue a wrongful death claim

Some people may believe that a wrongful death claim can only be pursued if the responsible party is criminally convicted for their actions. However, this is not the case. A wrongful death claim is a civil matter, separate from any criminal proceedings. While a criminal conviction can certainly strengthen a wrongful death case, it is not a requirement. The burden of proof in a civil case is lower than in a criminal case, and a family may be able to recover compensation even if the responsible party is not criminally charged or convicted.

Wrongful death claims are only about money

While financial compensation is an important aspect of a wrongful death claim, it is not the only reason families pursue these cases. For many, a wrongful death claim is about accountability, justice, and preventing future tragedies. It is a way to ensure that the responsible parties are held accountable for their actions and that steps are taken to prevent similar incidents from occurring in the future. It is also a way to honor the legacy of the deceased and to ensure that their family is taken care of in their absence. 

Contact a Compassionate Wrongful Death Lawyer in Pompano Beach

At Frankl Kominsky Injury Lawyers, we recognize that each wrongful death case is unique, and every family has different needs and concerns. That is why we provide personalized legal services tailored to the specific circumstances of each case. We take the time to listen to our clients' stories, answer their questions, and provide the guidance and support they need throughout the legal process. 

Our Pompano Beach personal injury lawyers are compassionate and understanding, and we strive to create a supportive and empathetic environment for our clients during this challenging time. We handle the legal aspects of the case so that families can focus on healing and moving forward with their lives.When you choose Frankl Kominsky Injury Lawyers to represent you in a wrongful death case, you can trust that you have a dedicated team of professionals on your side who will fight for your rights and work tirelessly to secure the compensation and justice you deserve. Contact our Pompano Beach office today to schedule a free, confidential consultation and learn more about how we can help you and your family. You can call us at (954) 800-8000 or contact us online. We speak Spanish and Creole.