Wrongful Death Lawyers Serving Deerfield Beach

The death of a loved one is an emotionally devastating experience. Unfortunately, when the death was caused by someone else's negligence or wrongful act, it can be even more difficult to come to terms with. If you find yourself in this heartbreaking situation, you may consider filing a wrongful death claim in Deerfield Beach. To do this, you need a wrongful death lawyer serving in Deerfield Beach.

A wrongful death lawyer is a lawyer who has experience in handling claims made against individuals, corporations, or organizations that are responsible for the death of a loved one. The lawyer will work to prove that the defendant was negligent in some way that caused the death, such as failing to provide adequate medical care or failing to properly maintain equipment.

They will also work to determine the financial and emotional damages that result from the death of a family member. The wrongful death lawyer will negotiate with the opposing party and represent the family in court if necessary. They will strive to get the best possible outcome for the family and ensure they receive justice and compensation for their loss.

Wrongful Death Vs. Survival Action

When someone passes away due to the negligence of another, two separate legal actions can be brought: wrongful death and survival action. A wrongful death claim is a civil action brought by the deceased's family members against the responsible party, usually for damages related to pain and suffering, loss of consortium, medical costs, and other losses.

In contrast, a survival action is a claim made by the deceased's estate. This type of claim is designed to recover damages that the deceased would have been able to pursue if they had survived the incident, such as lost wages, pain and suffering, medical bills, and other expenses.

These two types of claims aim to ensure that surviving family members receive financial compensation for their loss. Although wrongful death and survival action both address different issues, they are related and should be addressed together when filing a lawsuit.

If you believe that you or a loved one has suffered a wrongful death due to the negligence of another, it is important to speak with an experienced attorney who can help you determine which type of claim is best suited to your situation and guide you through the process. An experienced wrongful death lawyer serving in Deerfield Beach can help you understand your legal rights and protect them throughout your case.

Who Can File a Wrongful Death Claim?

In Florida, the surviving spouse, children, parents, and other survivors designated in the decedent's will can file a wrongful death claim. The right to file a wrongful death claim is established by the Florida Wrongful Death Act, which states that a cause of action exists for wrongful death when another's negligence causes the death of a person.

If there is no surviving spouse, child, or parent, then the personal representative of the deceased's estate may bring a wrongful death claim. A court appoints the personal representative and typically files the claim on behalf of all survivors. The personal representative is responsible for preserving any damages recovered from the claim for the benefit of all parties.

It is important to note that under the Florida Wrongful Death Act, a wrongful death action must be brought within two years from the date of the death. After this time has expired, the right to file a wrongful death claim is lost.

How Long do I Have to File a Wrongful Death Claim?

In Florida, a wrongful death claim must be filed within two years from the date of death. This is known as the "statute of limitations." It is important to note that it is not two years from the date of injury or when the death was discovered.

If the claim is not filed within two years, it may be forever barred, and the deceased's family will be unable to recover damages. It is important to remember that filing the claim quickly is in your best interest. This is because it will be easier to track witnesses and evidence to build a strong case. In addition, memories can fade over time, so it's important to act quickly to preserve any necessary evidence.

Certain exceptions may extend the statute of limitations, such as if the person who passed away was under 18. It is important to talk with an attorney familiar with your state's wrongful death laws as soon as possible. This way, you can ensure that all deadlines are met and get the most compensation possible for your loved one's passing.

What Damages are Available Once I File a Wrongful Death Claim in Deerfield Beach?

When a family member dies due to the negligence of another person or entity, the surviving family members can file a wrongful death claim in Deerfield Beach, Florida. A successful wrongful death claim will result in damages awarded to the surviving family members for their losses.

The damages available in a wrongful death claim in Deerfield Beach may include compensation for the following:

  • Funeral and burial expenses.
  • Loss of companionship, comfort, and guidance.
  • Loss of income and benefits, including future earnings that the deceased would have provided.
  • Medical expenses for any treatments received prior to the victim's death.
  • Mental anguish and emotional distress suffered by the surviving family members.
  • Pain and suffering experienced by the deceased prior to their death.

It is important to remember that no two wrongful death cases are the same. It is best to speak with an experienced attorney who can provide guidance on which damages are available in your particular case.

How Much Does It Cost to File a Wrongful Death Claim?

When filing a wrongful death claim, the costs associated with the legal process can vary significantly depending on the case's complexity. Generally speaking, it's wise to budget for fees related to your attorney's time, court filing fees, expert witness fees, and medical record fees.

Your attorney will likely work with you on a contingency fee basis. This means that if you receive a settlement or verdict in your favor, your lawyer will get a percentage of the award as their fee. The exact amount will depend on the state, but it generally ranges from 30-40% of the settlement or verdict.

In addition to the legal costs, you may also be responsible for certain expenses related to the case, such as court filing fees and expert witness fees. These are typically billed directly to the client. For example, an expert witness in a wrongful death claim may charge a fee of up to $500 an hour for their testimony. Other costs that may be included are medical record fees, which vary depending on the records requested.

The cost of filing a wrongful death claim can range from hundreds to thousands of dollars, depending on the case's complexity. It's important to discuss potential legal costs with your attorney before signing any agreements. In some cases, your attorney may be willing to reduce or waive certain fees to make it easier for you to pursue justice.

How Do I Start the Process of Filing a Wrongful Death Claim?

Filing a wrongful death claim in Florida can be complicated and overwhelming. The first step is to contact an attorney knowledgeable and experienced in handling wrongful death cases. Your attorney will review your case and advise you on the best action.

Your attorney will help you understand the legal process, the timeline for filing a claim, the types of damages that may be available, and the steps that need to be taken to move forward with your claim.

Your attorney will also guide you in gathering evidence, including witness statements, medical records, and other documents that could help support your case. Your attorney may also advise you on pursuing settlement negotiations with the responsible parties or their insurance company.

Your attorney will represent you throughout the process, filing the necessary paperwork, submitting evidence, negotiating settlements, representing you in court if necessary, and seeking maximum compensation.

It is important to note that strict time limits are in place for filing wrongful death claims in Florida. It is important to contact an experienced attorney as soon as possible after a wrongful death to ensure you do not miss the window for filing your claim.

Factors That Can Affect My Wrongful Death Claim

When filing a wrongful death claim in Florida, a variety of factors can affect your claim's success. Here are some of the most important factors to consider when filing a wrongful death claim:

  • Statute of Limitations: It's important to be aware of the statute of limitations for wrongful death claims in Florida. In general, you must file a wrongful death claim within two years of the date of death. If you don't file within this period, you may be barred from recovering any damages.
  • Type of Damages: The damages you can recover in a wrongful death claim in Deerfield Beach depend on the circumstances surrounding the death. Generally, you can receive compensation for lost wages and benefits, medical expenses, funeral costs, and pain and suffering.
  • Evidence: You must have evidence that proves the other party is responsible for the death. This could include police reports, medical records, eyewitness accounts, and photographs or video footage. Without adequate evidence, it can be difficult to prove your case.
  • Negotiations: If the other party has insurance coverage, they may try to settle your claim out of court. However, if they offer a low amount, it's important to consult an experienced attorney to ensure you receive the full compensation you deserve.

By understanding these factors, you can better prepare yourself when filing a wrongful death claim in Deerfield Beach, FL. An experienced wrongful death attorney can help ensure that your claim is filed correctly and that you receive the compensation you deserve for your loss.

Is it Compulsory for My Wrongful Death Claim to Go to Court?

When it comes to wrongful death claims, it is not always necessary for the claim to go to court. In many cases, the parties involved may settle the claim out of court. The decision to go to court or not is a personal choice, and it is up to the plaintiff to decide which route is best for their case.

If a settlement cannot be reached outside of court, the case will need to be taken to a trial for a judge or jury to determine whether or not the claim is valid. A wrongful death trial can be a long and emotional process, so it is important to consider all options before making any decisions.

When going to court, it is important to be prepared and have an experienced attorney who knows the ins and outs of wrongful death laws. An attorney can provide invaluable advice on moving forward with your case and ensuring your rights are protected throughout the trial process.

They can help you understand the complexities of wrongful death law and give you an idea of what kind of outcome to expect. Additionally, they will help you gather the evidence needed to prove liability and secure fair compensation from responsible parties.

How Can I Prove Wrongful Death

When you are filing a wrongful death claim in Deerfield Beach, you will need to prove that the death of your loved one was the result of someone else's negligence or wrongdoing. This can be challenging and require an experienced lawyer to help you navigate the legal complexities.

To prove wrongful death, you will need to establish three key elements.

  • First, you must prove that the deceased person had a valid cause of action for their injury. This requires showing that the other party was negligent or did something wrong that caused the death.
  • Second, you must show that a negligent or wrongful act caused the deceased person's death.
  • Third, you must demonstrate that the deceased person's family has suffered damages as a result of their death.

In some cases, proving wrongful death can be difficult because it relies on circumstantial evidence or testimony from witnesses. You may need to obtain medical records or have experts testify to build your case. Your lawyer will help you to determine which evidence is needed to prove your claim and help you obtain the necessary documents.

In addition to gathering evidence to prove that your loved one's death was the result of another's negligence or wrongdoing, you may also need to prove that your family has suffered damages. This includes documenting any lost income due to the death, funeral and burial costs, and other expenses associated with losing your loved one.

When filing a wrongful death claim in Florida, it is important to seek legal counsel as soon as possible to ensure that all necessary evidence is gathered promptly. An experienced lawyer can help you understand the legal process and build the strongest case possible.

What Do I Need to Provide My Lawyer with When Filing A Wrongful Death Claim?

When filing a wrongful death claim, you must provide your lawyer with important information to help build your case. You should be prepared to provide the following:

  • The deceased person's name, date of birth, and any other information that can help identify them.
  • The date and place of the deceased's death.
  • Copies of the death certificate and other medical records related to the death.
  • Copies of insurance policies related to the death.
  • Documents that prove the financial losses suffered as a result of the death (e.g., funeral expenses, lost wages).
  • Evidence that proves the at-fault party caused the death (e.g., police reports, witness statements).
  • Any other documents that may support your case.

It's important to note that each state has its laws governing wrongful death claims and may require different types of evidence and documentation to be presented. Therefore, speaking with an experienced lawyer who can advise you on what documents you need to provide to successfully file your wrongful death claim is important.

Hire a Frankl Kominsky Injury Lawyers Wrongful Death Lawyer Serving Deerfield Beach

When considering filing a wrongful death claim in Deerfield Beach, Florida, hiring an experienced lawyer is essential. The attorneys at Frankl Kominsky Injury Lawyers are highly skilled and knowledgeable in this area of law. Our team has many years of experience handling wrongful death cases, and we understand the complexities that can arise when seeking justice for the loss of a loved one.

At Frankl Kominsky Injury Lawyers we take a compassionate approach to each case and understand that no two cases are alike. We have the resources and expertise to develop a customized strategy based on your unique situation. Our goal is to help you maximize your potential compensation and seek justice for the death of your loved one.

We will investigate all aspects of the case, including evidence gathering, depositions, witness statements, medical records, accident reports, and more. Our attorneys will work with you every step of the way to ensure you are adequately compensated for the wrongful death of your loved one. We will handle all the paperwork and provide advice and guidance throughout the process.

Don't wait any longer – contact our team today at (561) 800-8000 to discuss filing a wrongful death claim in Deerfield Beach. With our experience and resources, we will fight for the compensation you deserve and ensure that justice is served.

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