Nothing can cause more pain and suffering than losing a loved one. The situation can be worse when you know that the actions of a reckless individual led to your loss. At our firm, we know that the last thing you want is facing a legal battle against your wrongdoers. That is why our Boca Raton wrongful death attorneys can fight aggressively on your family’s behalf.
Over the years, we have gained the necessary experience and skill to hold the liable parties accountable for your losses and get you the compensation you deserve. To learn more about all of our services in a free, confidential consultation, contact us today.
What is Wrongful Death?
The term “wrongful death” is used to describe situations where a negligent person causes the death of another one. In such circumstances, the surviving family of the deceased or “decedent” may have the right to file what is known as a “wrongful death claim.” Many different scenarios can give rise to a wrongful death claim. For instance, a wrongful death claim can stem from things such as a car accident, medical malpractice, construction site accident, defective product, and other scenarios.
Who May File a Wrongful Death Claim in Boca Raton?
As we stated above, a wrongful death claim can be filed by the decedent’s estate, as indicated by Florida Statutes § 768.19, the surviving family of the decedent can bring forth a wrongful death claim for things such as the negligence and wrongful act of the liable parties. Under Florida law, the decedent’s estate can file a wrongful death claim through a personal representative. The personal representative should be named in the deceased person’s will or estate plan. If there is not a will or estate plan appointing a personal representative, the court will name one. The personal representative is responsible for naming all the parties with interest in the claim.
Damages You May Recover in a Wrongful Death Lawsuit in Boca Raton, FL
Wrongful death claims stem from personal injury law. Personal injury claims have the purpose of compensating the victims for their losses. While a wrongful death claim cannot undo your loved one’s death, it serves the purpose of compensating their surviving estate and punishing the negligent party for their wrongdoing. Some of the compensation or “damages” you can expect from your wrongful death claim include the value of support and services provided by the deceased before his or her death, the loss of companionship, mental and emotional pain, and the costs associated with the decedent’s funeral and burial. The surviving estate can also obtain additional damages, such as the lost wages the deceased person would have made had he or she lived.
Understanding the Wrongful Death Claim Process in Boca Raton, FL
Before you file your wrongful claim in Boca Raton, you need to know how the process works. As we mentioned before, wrongful death claims stem from personal injury law. In a personal injury claim, the plaintiff has the burden of proof. In other words, you will need to show that the defendant was negligent and that such negligence led to your loved one’s death. There are four main elements you will need to prove in your wrongful death claim: duty of care, breach of duty, causation, and losses.
Duty of Care
The duty of care can be described as the legal obligation of reasonability and prudence expected from every individual within society. In a wrongful death claim, you will need to show that the defendant owed the deceased person a duty of care. For instance, if your loved one died in a car accident, you can argue that the defendant owed him a duty to drive responsibly, following traffic laws.
Breach of Duty
The breach of duty happens when a person deviates from what is expected of a prudent, reasonable individual. Following the example provided above, you may argue that the liable party breached their duty of care by driving negligently.
Causation is the linking nexus or causal relationship between the defendant’s actions and the result of such actions. In other words, causation requires linking the defendant’s negligent acts to the death of your loved one. Typically, causation is the more sophisticated element to prove in a wrongful death claim. This is something your Boca Raton wrongful death attorney can help you with.
Finally, you will need to show the court that you suffered losses as a consequence of your loved one’s passing. For instance, you can provide evidence of the expenses related to your loved one’s burial and funeral, and your pain and suffering.
Once you have shown the existence of all these elements, the court may grant you compensation. Our Boca Raton wrongful death attorneys can help you and guide you through the entire claim process.
Knowing when to file your wrongful death claim in Florida is essential to your compensation. All individuals have a limited amount of time to submit their claims with the court. This legal time limit is known as the “statute of limitations.” The statute of limitations exists to promote timely filings from plaintiffs and to protect defendants. The law contemplates plaintiffs should exercise their right to file their claim reasonably and diligently. The law also prevents stale claims from being enforceable. The statute of limitations gives the plaintiff reasonable time to file their claim while avoiding holding a defendant accountable for an unlimited amount of time. In Florida, the decedent’s estate has up to two years from their loved one’s death to file their claim.
Boca Raton, FL Wrongful Death Attorney Offering Free Consultations
If you lost your loved one due to the negligent actions of a careless, reckless party in Boca Raton, we can help. Over the years, we have gained the necessary skills to guide you through the entirety of your wrongful death claim. We understand nothing can bring back your loved one, and no money in the world can replace what you have lost. However, compensation can help you rebuild and put your life back together. We will fight aggressively and strategically to hold the liable parties accountable for your losses and get the compensation you deserve. To learn more about all of our services in a free, confidential consultation, contact our Boca Raton wrongful death lawyers today.