Wrongful Death Lawyer Serving Royal Palm Beach
The charming village of Royal Palm Beach is nestled between Wellington and Loxachatchee, Florida, and is home to more than 34,000 residents. Many locals enjoy the local attractions, shopping centers and public parks. However, as the population continues to rise, local hospitals have reported an increase in fatalities as a result of car accidents, motorcycle accidents, and slip and falls.
There are few things that are absolutely certain in our existence. Death is one of them. From the time that we learn to understand our immediate surroundings, one of the most unfortunate lessons that we are given is the idea that a living entity can die and be gone from our lives forever. This is true, whether it’s a pet that one is attached to or a member of our family. It can be a confusing experience that may be something that we never fully understand. However, even though death can be a sad reality in our lives, it can become far worse when we encounter a death that shouldn’t have occurred at all.
It may also be quite devastating when the death results from the negligent act of another.. Now, add to this the additional stress that may arise from the financial problems that may come about as a result of the death. This is where you may wish to seek the help of a wrongful death lawyer serving Royal Palm Beach. While it’s true that there is nothing that we can do as far as bringing someone back from the dead, there are options that are available to us when dealing with potential financial difficulties. One of these options may be deciding to pursue a claim or file a lawsuit against the responsible party.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, that person 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.Royal Palm Beach, Florida: What is the Statute of Limitations for Filing Wrongful Death Lawsuits?
When deciding to file a lawsuit, one needs to understand that there is a time limit that is in place when it comes to filing. In nearly all cases, that time limit is 2 years from the date of death. State statute: 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 Royal Palm Beach. The initial consultation is free of charge, so there is nothing to lose.
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
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.What Wrongful Death Laws Apply to Royal Palm Beach?
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 responsible 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.
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).
Encountering a situation in which death has taken a loved one from us may conjure up some unexpected emotions. In the best of times, dealing with complex legal matters can present an overwhelming challenge to those who are not familiar with legal matters. Then add to this the additional difficulty of dealing with another party’s professional legal representation. Determining the past, present and future losses that are associated with a death is something that most people are just not used to. This is the reason why people have turned to a wrongful death attorney for guidance. Our wrongful death lawyers serving Royal Palm Beach are sympathetic to those who have survived the loss of a loved one and are dedicated in pursuing compensation on their behalf.Contact a Wrongful Death Lawyer in Palm Beach County
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 Royal Palm Beach 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.
Turn to Frankl Kominsky for comprehensive legal guidance. Call 561-660-9562 or use our Contact Form to set up a free consultation.