Boca Raton Wrongful Death Lawyers
What is Wrongful Death?
Negligence or carelessness can lead to injury or death. Consider the following examples:
- A restaurant owner serves meat that has been sitting on the counter for too long and a customer dies of food poisoning.
- A heavy item placed on the top shelf falls on a customer, and the customer later dies from the head injuries.
- A faulty mechanism in a seatbelt leads to the death of dozens of passengers involved in auto accidents.
- A domestic violence incidence results in a death, but criminal charges are dropped or the suspect was acquitted.
These types of death are considered “wrongful” because they could have, and should have, been prevented. The law in Florida is designed to protect you and your loved ones from negligent acts. Therefore Florida law encourages you to Demand the Limits.
Wrongful death attorneys in Boca Raton specialize in these types of cases. Even when there is no criminal case, a wrongful death case will allow surviving family members or beneficiaries to recuperate medical and/or funeral expenses, make up for lost wages or loss of financial support systems, and also to receive financial compensation for ancillary damages.
What Does Florida Law Say About Wrongful Death?
Wrongful death cases are considered part of tort law.
Tort laws cover most issues that do relate to liability for causing a personal injury, from simple slip and fall issues to major cases like those that result in death. Unlike criminal cases, tort cases are tried in civil courts.
Florida Statutes comprise tort laws. Title XLV, Chapter 768 comprises negligence and Florida Statutes 768.19 refers to what is known as right of action. This means YOU have the right of action to sue a negligent party involved in the wrongful death of someone in your family. Essentially, Florida law entitles you and your family to Demand the Limits.
Who Can File a Wrongful Death Case in Florida?
Anyone who is party to the deceased person’s estate is eligible to file the wrongful death suit.
A Boca Raton attorney can help clarify whether you are entitled to demand the limits in a wrongful death case, and how to proceed.
Advantages to Filing a Wrongful Death Case
There are several reasons why you or another family member might choose to file a wrongful death suit. One reason is closure and the promotion of psychological and emotional healing. Another is purely a matter of principle. If a duty to care was neglected, or deliberately ignored, or even worse: if a death was actually caused by a deliberate and malicious act, then you should file a wrongful death suit to promote justice.
No one should be taken advantage of or intimidated by the potentially lengthy process of a wrongful death suit. That is exactly what lawyers are for: they undertake the task of gathering all the necessary evidence to file the civil case and if necessary, take it to the courts. An attorney in Boca Raton does all the work to get you what you and your family deserve after all the pain and suffering endured due to the loss of your loved one.
What are Damages?
Another primary reason to file a wrongful death case is to recover damages. Death is obviously a damaging event: it damages people financially, socially, and emotionally. While it is impossible to put a price tag on a person’s life, it is possible to quantify financial losses. A wrongful death attorney can even help you to demand the limits for seemingly unquantifiable damages linked to emotional suffering. A death in the family is one of the most stressful life events a person can experience. An endless body of research shows how stress causes innumerable physical and psychological ailments. The long-term effects of stress can be quantified, which is why a wrongful death suit is necessary for you to recuperate what you will spend on medical bills.
What Wrongful Death Does to Families
Wrongful death can lead to the breakdown of the family. A death in the family can cause stressors that lead to lack of concentration, which impedes one’s ability to work. Lost wages cause financial stress, which further compounds the trauma. The reason to seek damages is to alleviate some of this financial stress so that you and your family can focus on the healing process, grieving at your own pace without worrying about paying the bills.
Everyone deals with stress differently and handles their grief in their own way, but If you do not deal with a wrongful death immediately, you and your family members may suffer unintended long term consequences that could have been avoided with a more proactive approach. Never feel guilty for standing up for yourself and your loved ones. Calling a lawyer is often the best thing you can do to empower yourself.
Statute of Limitations: What You Need to Know
Grief, stress, and trauma take a toll on children. In some cases, a wrongful death in the family can be the root cause of a divorce, or lead to teenage delinquency. To prevent these kinds of problems from surfacing down the road, take action now. The State of Florida only allows you two years to file a wrongful death claim. After that, you may not be able to seek damages and then it will be too late. Taking action will alleviate stress and get you and your family back on the path to healing and recovery.
What the Attorney Can Do
The wrongful death attorney advocates on your behalf, helping you and your family demand and receive what the law reasonably allows. When you call an attorney, you will first receive a free consultation. During the free consultation, you will explain the basic elements of the case and will learn how to proceed. You have nothing to lose by calling.
Civil vs. Criminal Cases
A wrongful death case is a civil case, which is treated entirely differently from a criminal case. Even if you are considering filing criminal charges, or have already pursued a criminal case, you can also file the wrongful death case with an attorney. The lawyer in the criminal case may not have told you about your rights in terms of civil law because they are focused on the criminal components of the case. For this reason, call a wrongful death specialist now.
Things to Consider
Many surviving family members may discourage you from filing a wrongful death suit, believing that the time and trouble will be too taxing on the family. Nothing could be further from the truth.
For example, did you know that you are entitled to receive financial damages related to the value the deceased’s income had provided to his or her dependents?
Did you know that the courts will take into account the loss of companionship or caregiving the deceased had provided to loved ones?
Did you know that you and your family may be entitled to the deceased’s projected earnings, or estate earnings had the person lived?
Seeking damages also helps with some of the most obvious financial needs you and your loved ones have now, such as medical and funeral expenses, relocation expenses, and yes, legal fees.
Nothing to Lose
Remember that a consultation is free. You have absolutely nothing to lose by calling a Boca Raton wrongful death attorney now at Demand the Limits. Our attorney works for you so that you and your family suffer less, experience less stress, and receive financial compensation for that which you did not even know you were entitled.