Wrongful Death Lawyer Delray Beach

Losing a loved one is a painful and overwhelming experience, especially when their death was caused by someone else’s negligence. At Lampariello Law, our compassionate wrongful death lawyer is dedicated to helping families in Delray Beach seek justice and compensation after the tragic loss of a family member. We understand the emotional and financial toll this can take and are here to guide you through the legal process with care and determination. Contact us today at 561-269-4839 for a free consultation and take the first step toward holding those responsible accountable.

What You Should Know About Wrongful Death Claims in Florida

Losing a loved one is never easy, but when that loss is caused by someone else’s negligence or wrongful actions, it can make the situation even more difficult. In Florida, families affected by wrongful deaths have the legal right to seek justice and compensation for their losses through a wrongful death claim. Understanding the details of these claims is essential for anyone facing this challenging situation.

If you’ve lost a loved one due to an accident, medical malpractice, or any other situation caused by someone else’s actions, it’s important to understand what constitutes a wrongful death and the process for filing a claim in Florida.

Defining Wrongful Death in Florida

Under Florida law, a wrongful death occurs when someone’s death is caused by the negligence, recklessness, or intentional actions of another person, company, or entity. This can include various circumstances, such as car accidents, workplace accidents, medical malpractice, or even criminal activities. The key element in a wrongful death claim is that the death was caused by an act that would have allowed the deceased person to file a personal injury lawsuit if they had survived.

Wrongful death claims are typically filed by surviving family members or the personal representative of the deceased person’s estate.

Who Can File a Wrongful Death Claim in Florida?

In Florida, the person or people who can file a wrongful death claim are defined by state law. Typically, the following individuals are eligible to pursue a claim:

Spouses: A surviving spouse has the right to file a wrongful death claim.
Children: Surviving children, whether minor or adult, can file a claim for the death of their parent.
Parents: In cases where the decedent had no surviving spouse or children, parents may file the claim.
Estate Representative: If the deceased person had a will or estate plan, the personal representative of the estate can file the claim. This individual will be responsible for managing any damages awarded to the deceased’s family members.

The damages awarded in a wrongful death claim are typically distributed to the survivors based on their relationship to the deceased.

Common Causes of Wrongful Death in Florida

Wrongful death claims can arise from a variety of situations, but some of the most common causes of wrongful death in Florida include:

Car Accidents: Reckless driving, speeding, drunk driving, and distracted driving are leading causes of fatal car accidents in Florida. In many cases, the driver who causes the accident may be held liable for the death of another person.
Medical Malpractice: Doctors, nurses, and other medical professionals can be held accountable for wrongful deaths caused by negligence, misdiagnosis, surgical errors, or failure to provide adequate care.
Workplace Accidents: Workers who are killed due to unsafe working conditions, equipment failure, or employer negligence may be eligible for a wrongful death claim in addition to any workers’ compensation claims.
Criminal Acts: In some cases, a death may occur due to a criminal act, such as homicide or assault. While criminal charges may be pursued against the responsible party, a wrongful death civil claim can be filed separately by the deceased’s family.
Defective Products: When a product is defective and causes death, the manufacturer or other parties in the supply chain may be held responsible for a wrongful death claim.

Types of Damages in a Wrongful Death Claim

In Florida, there are two main types of damages that may be awarded in a wrongful death case: economic damages and non-economic damages.

Economic Damages: These damages are meant to compensate the survivors for the financial losses caused by the wrongful death. Examples include:
- Funeral and burial expenses
- Medical expenses incurred prior to the decedent’s death
- Lost wages and future earnings that the deceased would have contributed to their family
- Loss of benefits, such as health insurance or retirement savings
Non-Economic Damages: These damages compensate the survivors for the emotional and intangible effects of the wrongful death. Examples include:
- Loss of companionship and support
- Pain and suffering experienced by the surviving family members
- Mental anguish from the loss of a loved one

It’s important to note that Florida law places a cap on the amount of non-economic damages that can be awarded in a wrongful death case, depending on the circumstances of the case. These caps are designed to prevent excessive awards but can vary based on factors such as the nature of the case or the defendant’s actions.

Statute of Limitations for Wrongful Death Claims

In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of the death. This means that the claim must be filed within two years of the decedent’s death or the opportunity to pursue compensation may be lost. There are exceptions to this rule, particularly if the cause of death was not immediately known or if the responsible party was difficult to identify, so it’s important to consult an attorney as soon as possible to ensure your claim is filed in time.

How a Lawyer Can Help

While it is possible to file a wrongful death claim on your own, the legal process can be complex and emotionally challenging. An experienced wrongful death attorney can help guide you through every step of the process, including:

Investigating the circumstances of the death: A lawyer can gather evidence, interview witnesses, and work with experts to build a strong case.
Determining liability: Identifying who is legally responsible for the death is crucial for pursuing a claim. A lawyer can help identify the negligent party, whether it’s an individual, corporation, or government entity.
Negotiating with insurance companies: Insurance companies may attempt to offer a settlement that doesn’t fully compensate you for your losses. An attorney can negotiate on your behalf to ensure you receive fair compensation.
Representing you in court: If a fair settlement cannot be reached, your attorney can represent you in court and advocate for your rights in front of a judge and jury.

Compassionate Wrongful Death Attorney in Delray Beach

Losing a loved one is never easy, and when their death was caused by another’s negligence, it can feel even more overwhelming. At Lampariello Law, our experienced wrongful death attorney is here to provide the support and legal expertise your family needs during this difficult time. We are committed to helping you seek justice and fair compensation for your loss. Contact us today at 561-269-4839 for a free consultation, and let us guide you through the legal process with compassion and dedication.