The unexpected passing of a family member is heartbreaking, but the pain is even harder to bear when a premature death is caused by wrongful or negligent acts. The skilled wrongful death attorneys at Frankl & Kominsky represent South Florida families who have lost a loved one when someone else’s careless behavior leads to a car crash , slip and fall, or other tragic accident. We understand the emotional and financial toll that this kind of sudden loss can take. Let us help you seek the justice and compensation that you and your loved one deserve.Florida Wrongful Death Laws
A wrongful death is when someone dies as a result of a careless or wrongful act by another person or company. A car accident, defective product , slip and fall, or medical mistake can sometimes lead to the unexpected death of a loved one. Some victims may die instantly, while others may linger in pain before ultimately succumbing to their injuries.
When a person is hurt by someone else’s negligence, the law gives the victim the right to pursue a claim against whoever was responsible for causing the injury. If that person dies as a result of the accident, Florida law gives the victim’s surviving relatives the right to pursue a claim for damages related to the victim’s death. For example, if a person is involved in a truck crash and succumbs to his or her injuries, the family can file a wrongful death claim against the driver or any other party responsible for the crash.Pursue Justice for a Lost Loved One
Wrongful death lawsuits require family members to prove that the defendant is liable for the fatal injury. This means that you must show:
- A duty of care: The defendant in your case must have owed your loved one a duty to exercise some level of reasonable care under the circumstances.
- Breach: The defendant’s actions or failure to act must have violated the duty of care.
- Causation: There must be a direct link between the breach and your relative’s death.
- Damages: You must have suffered actual damages that arose from the victim’s death.
You can use other theories of liability, depending on the circumstances of your family member’s death. For example, if your relative died while on someone else’s property, you may have to show that the property owner owed a particular standard of care to your relative, and that its failure to meet this standard caused your loved one’s death. If a product malfunction caused the death, you can hold the manufacturer strictly liable in some cases. This requires showing that a manufacturing or design defect caused the injury and that the product reached your relative without a substantial change in condition from when it left the manufacturer.
Only certain relatives may recover damages for a person’s wrongful death under Florida law. These damages can include compensation for any incurred medical costs, funeral and burial expenses, and loss of earning capacity. You may also pursue other damages based on your relationship to the victim. For example, a spouse may seek compensation for loss of companionship and protection. A minor child can seek damages for lost parental companionship, instruction, and guidance. A parent may also pursue compensation for pain and suffering if the victim was a minor child.
You must file your claim within two years from the date of your relative’s death. Otherwise, the state may bar you from taking any action against the person or entity responsible for the fatal injury.Boynton Beach Attorneys Experienced in Wrongful Death Claims
At Frankl & Kominsky, our injury lawyers are dedicated to fighting for families grieving for the loss of a loved one. Based in Boynton Beach, our attorneys offer compassionate client service while seeking justice for the death of your relative. We never settle for less, and while nothing can compensate for a tragic loss, we can help you alleviate the financial burden that may hinder your recovery. We represent families in Boca Raton, Palm Beach Gardens, and Coral Springs, among other Florida cities. Call us today at (855) 800-8000 or contact us online for a free consultation. We speak Spanish and Creole.