Wrongful Death Lawyer Serving Riviera Beach
Riviera Beach is a top tourist attraction for people who enjoy being around the ocean. The city, located in Palm Beach County, is filled with beaches, resorts, lagoons, and water parks and offers something for everyone. Lounge around the beach or explore the beach resorts and parks, Riviera Beach is the ideal location for a mini-vacation. Complete with its own marina, Riviera Beach is one gorgeous city for residents and tourists alike.
Sensitive cases involving the death of a loved one should be handled with tact and sensibility, and Riviera Beach has no shortage of experienced lawyers to represent family members who are seeking justice for the wrongful death of their parents, children, spouses, or siblings.
If you find yourself in the tragic situation of losing a loved one through someone else’s negligent action, you have the right to seek compensation. The attorneys at Frankl Kominsky are experienced wrongful death attorneys are available to evaluate your claim. Our goal is to help protect your rights and pursue full compensation for your loss.How Long Do I Have to Bring a Wrongful Death Lawsuit?
In Florida, the Statute of Limitations sets forward time limits in which a lawsuit must be filed, or it will be forever barred. In a wrongful death claim, the Statute of Limitations is two years from the death of the person. Failing to file your wrongful death lawsuit within the time frame will likely result in your case being dismissed. However, there are some rare exceptions to this. For experienced guidance and to answer any questions, contact the dedicated wrongful death attorneys at Frankl Kominsky.Types of Wrongful Death Claims
- Car or Auto Accidents
Car and auto accidents are frequent in busy cities. With so many vehicles moving on the roads, collisions and accidents are inevitable. While most victims of auto accidents escape with a few scratches and minor injuries, in severe accidents, victims often end up losing their lives after succumbing to grave injuries.
- Accidents Involving Semi-trucks, Commercial Trucks, Tractor Trailers or 18-Wheelers
Heavy vehicles like 18-wheelers, semi-trucks, tractor-trailers, and commercial trucks are way more dangerous if they’re involved in an accident. Truck accidents can occur due to careless driving, poorly maintained trucks, or driving too long without taking a break. The mere size of these vehicles means that people who come into contact with them have little chance of survival.
- Motorcycle, Bike and Pedestrian Accidents
Motorcycle and bike accidents, though less common, can also result in the deaths of the drivers as well as pedestrians standing on the sidewalk or crossing the road. If a pedestrian who is crossing the road is hit by a motorcyclist traveling at high speeds, it can cause the deaths of the pedestrians.
- Workplace Deaths
Occupational deaths are more common in some industries than others. If a person dies while on the job or due to injuries sustained as a result of their employment, due to the negligence of a third party, the workplace or the employer or third party may be held liable for the death of the employee. The death could have been caused by non-compliance with safety standards in the workplace or due to insufficient training.
- Slip, Trip, and Fall Accidents Resulting in Death
Another commonplace reason for wrongful death claims are slips and falls. People working at great heights, such as construction workers, maintenance workers, and roofers, can accidentally slip off the ledges and ladders that they are hinged on. Falling into open potholes is another example of slip and fall accidents that can turn deadly.
- Defective Products
If you can prove that a defective or low-quality product is the culprit behind the death of a family member, you can hold the manufacturer of the faulty or substandard product responsible. Manufacturers often do not test their products and deviate from the standards, which, in extreme cases, can lead to someone’s death.
- Medical Malpractice
Medical malpractice is reported as another common cause of wrongful death that may occur in Riviera Beach. A little oversight or carelessness on the part of doctors and surgeons can cause someone’s untimely death.
If a loved one has died an untimely death due to someone else’s negligence, contact an experienced wrongful death attorney to discuss your legal options. The initial consultation is always free.
To know more about the statute of limitations for wrongful death lawsuits in Riviera Beach, Florida, watch the video below.Who Can File a Wrongful Death Claim
In Florida, the personal representative of the deceased person's estate is eligible to file a 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.
Each of these holds the right to pursue a wrongful death claim in Florida:
- Spouse: The surviving widow or widower can file a lawsuit
- Parents: Whether the child was a minor or adult, the child’s parents can file for a wrongful death claim
- Children: The loss of a parent makes the adult child of the deceased eligible to file a lawsuit
- All family members: Distant family members, like grandparents, can file a wrongful claim in the case of no surviving statutory beneficiary
- Financial Dependants: If the deceased supported someone financially during their lifetime, the dependants can sue for monetary compensation
In some states, only a person’s spouse and children are eligible to receive compensation in the event of an individual’s death. However, Floridia law dictates that each one of these is liable to receive compensatory damages:
- The deceased’s spouse
- The deceased’s children
- The deceased parents
- Any adoptive sibling or blood relative that had been wholly or partly financially dependent on the deceased prior to the death
No amount of money can compensate for the loss of a person’s life, but it can help bring some semblance of justice and accountability to the people left behind by the victim’s death. Besides that, the money claimed can help the family of the deceased pay the medical and funeral bills, as well as keep themselves afloat through the tragedy.
An experienced wrongful death attorney can assist in recovering compensation in your wrongful death claim.
- Medical Bills
The medical bills for surgery and life-support are substantial as the doctors try to save the life of the person. If, despite everything, the individual passes away, the family still has to clear the medical expenses. The compensation can be used to pay off the hospital bills and other medical expenses.
- Funeral and Burial Expenses
The deceased’s family has to prepare for the funeral ceremony and arrange the burial of the deceased. They can use the monetary damages to pay for these expenses.
- Lost Earnings; Loss of Support and Services
The people and the dependants the victim leaves behind can also claim financial benefits for the loss of financial support and services.
- Loss of Net Accumulations (Future Income)
If the family loses their primary earner, they can file a claim for any potential income that the deceased may have earned had they not suffered an untimely demise.
- Pain and Suffering
While no amount of money can alleviate the pain of losing a loved one, the money attempts to compensate grieving family members for the pain and suffering that they are facing.
- Loss of Companionship, Protection, Guidance, and Instruction
Again, the price of relationships can’t be quantified, but your wrongful death attorney can also claim compensation for the loss of companionship, protection, and guidance.
While trying to put a price on a human life may sound ugly, recovering monetary compensation for the wrongful death of the deceased and the consequential suffering of the family members are sometimes the only sort of justice available.
Several factors contribute to the calculation of the damages that may be awarded in a wrongful death claim. These include:
- Household chores that the survivor will now have to pay to have done
- Emotional trauma and loss of company
- The emotional trauma and mental distress of close relatives of the victim, such as a spouse or parents
- The life expectancy of the survivor and the victims – a 25-year-old’s death might carry a heavier fine than a 65-year-old’s
- The funeral and burial expenses
Additionally, damages may also hinge on the following considerations:
- An evaluation of the loss of services and support
- How the survivor is related to the victim
- How much of the victim’s estimated net income can be distributed to the survivor
- The replacement value of the victim’s services to the survivor, such as that of a family earner
There are several additional features that are also taken into consideration during the calculation of the claim. These include:
If the victim has young children, they will also be compensated for the loss of parental guidance from their lives, and awarded a certain amount for the agony and misery of dealing with a parent’s death, while in the case of the victim having no children or spouse, each parent of the victim gets compensated for the same.
Frankl Kominsky’s wrongful death lawyers in Florida have experience in dealing with wrongful death cases and strive to get the victims’ families and loved ones fair monetary settlements for the damages and losses incurred.Personal Injury Claim vs. Wrongful Death Claim
Personal injury claims, as the term suggests, are for personal injuries that you might have suffered because of the recklessness and irresponsibility of another party. Personal injuries may include injuries sustained during a car crash, motorcycle accident, truck accident, slip and fall accident, or a permanent disability because of someone else’s actions.
A personal injury claim grants you compensatory damages, which can depend on the severity and gravity of your injuries. Personal injury claims aim to compensate you for the injuries sustained and intend to equip with at least enough to pay for the current and future treatments of the injuries and any subsequent therapy and rehabilitation costs associated with the injuries. It pays for the physical injuries, personal injury claims and also takes into account the mental trauma of going through a painful and potentially life-threatening event.
Personal injury claims are brought against the responsible party or parties through a personal injury lawyer who specializes in cases like workers’ compensation or personal injury brought against a third party.
Often times, people are not lucky to escape with their lives. A lot of the time, accidents result in instant death, and people fighting grave injuries can lose the fight for their lives. In such cases, a wrongful death lawsuit is brought against the parties who should be held accountable.
Wrongful death claims can be made against a lot of people, businesses, employers, and even government agencies. For example, who the charge is brought against depends on the nature of the wrongful death and the cause of it. You can file a wrongful death claim against multiple persons at the same time too. Some of the parties that can be sued in a wrongful death lawsuit are
- the designer or builder of a faulty product
- a government agency that approved a faulty product for sale
- the driver of the car, truck or motorcycle in an automobile accident
- an employer who provided unsafe working conditions
Wrongful death claims attempt to hold the responsible person liable and make them pay damages that are acceptable and fair to the grieving family of the deceased to recompense them for the financial suffering, emotional trauma, medical and funeral expenses, and the potential years in life expectancy and companionship that are taken away as a result of the actions of the guilty party.
Whether you are filing for personal injuries to yourself or the undue death of a loved one, Frankl Kominsky has lawyers that are dedicated to try to get you fair compensation for your damages.Benefits of Hiring Frankl Kominsky Injury Lawyers
Frankl Kominsky’s wrongful death lawyers will investigate the details of the case and strive to negotiate on your behalf to obtain compensation that is fair and acceptable. If you are someone who has been injured in a car accident, medical malpractice, slip and fall or have lost a dear family member to an accident at work, contact us for a free consultation and let us handle it from there. Our knowledgeable lawyers will represent you in court and strive to pursue the compensation you deserve.
With over 40 years of combined experience under their belt and almost 7,000 individuals represented, Frankl Kominsky Injury Lawyers has helped clients recover monetary benefits to make up for the damage and trauma, financial and otherwise, that they faced in the aftermath of a loved one’s death.
We understand the sensitivity of such tragic cases, and our attorneys are compassionate and considerate while dealing with grieving family members. You can rest assured that our lawyers are dedicated to getting you the justice that you deserve.
Frankl Kominsky offers a free consultation or free case reviews, so if you are looking for wrongful death lawyers in Palm Beach County, reach out to Frankl Kominsky for any questions, appointments, or case evaluations by filling out the free case evaluation form. You can also call their office at 561-701-9992.