Delray Beach Wrongful Death Lawyer
Dealing with the loss of a loved one may be one of the most difficult experiences that we face as human beings. The loss of companionship, friendship, love, and emotional support leaves a void that is often never filled. However, in addition to being emotionally devastating, the loss of a loved one can be financially devastating to a family who depended on the loved one’s income to establish and maintain a standard-of-living.
Chances are that, if you have lost a loved one, your thoughts do not immediately turn to filing a lawsuit, even if there is someone responsible for causing the death. However, if you believe that someone’s wrongful actions contributed to the death of your loved one, it is important to contact our Delray Beach wrongful death attorneys quickly, so that they can assess your claim and file it before any statutes of limitations that may apply have expired.
What You Should Know
There are two aspects to any wrongful death lawsuit, and the experienced South Florida personal injury attorneys at Demand the Limits understand that, for most plaintiffs in a wrongful death suit, a monetary recovery is only one component of the suit. In addition to financial compensation for the loss of a loved one, a number of plaintiffs comes to us because they want justice for their loved ones.
We understand that dealing with the unexpected death of a loved one brings up a whole range of emotions, and we promise to bring compassion to our interactions with you. While there are things that you will need to do in order to preserve your legal rights, we will try to make the process as easy as possible, so that you can focus on grieving and establishing a new normal for your family.
Our group of personal injury lawyers has a history of recovering compensation in wrongful death suits, allowing loved ones to focus on emotional losses without compounding the loss with financial devastation. We take our wrongful death cases on a contingency basis, which means that we do not get paid a fee for our services until you recover. If there is no recovery, there are no legal fees.
You may wonder if your loved one’s death qualifies for a wrongful death lawsuit. That is a question that is simultaneously very simple and somewhat complex. We will explain the main points of a wrongful death suit, but if you have any questions about whether your loved one’s death could lead to a judgement in your favor, please contact us for a free consultation.
Under Florida law, the immediate family members of a deceased person may initiate a wrongful death lawsuit. Immediate family members refer to spouses, children (adopted and biological), parents, and siblings. However, even if you are not an immediate family member, if you can establish that you relieved upon the deceased for financial support, you may be able to bring a wrongful death lawsuit.
If you have any questions about whether you would be able to recover in a wrongful death suit, contact us for a free consultation. We can discuss your relationship with the deceased, as well as any proof you have of that relationship and let you know whether we believe the court will find that you have a sufficient relationship to bring the suit. Because we are South Florida personal injury attorneys, we are very familiar with how the courts in Broward, Miami-Dade, and Palm Beach counties interpret that aspect of the law.
Of course, wrongful death means that you are alleging that the deceased’s death was caused by the negligent or intentional act of another. The lawsuit is filed against the wrongdoer. If there are multiple wrongdoers, you can choose to file a wrongful death suit against all of them, some of them, or one of them.
When a loved one dies, there are different types of financial compensation that you might get under at wrongful death claim. These include: medical bills; funeral expenses; death-related expenses; lost income; lost benefits; pain and suffering; mental anguish; loss of companionship; loss of emotional support; and the loss of consortium. In addition, if the death was caused by gross negligence, recklessness, or intentional acts, you may be entitled to punitive damages. As their name suggests, punitive damages are meant as a form of punishment for behavior that goes beyond mere negligence.
Several factors are going to influence the type of wrongful death settlement that a person gets. A person’s age, earning ability, relationship with his or her loved ones, and general character are all ways that the judge, jury, or other fact finder tries to place a monetary value on the loss of a person. In addition, how the person died can impact their perception of the death. As a result, it can be very difficult for a layperson to judge whether any settlement offers are fair and adequate compensation for the loss of a loved ones. The lawyers at Demand the Limits use the same factors a fact finder will use to determine reasonableness beforehand, so that we can provide you with the guidance you need to determine whether to accept or reject any settlement offers.
Proving a wrongful death can be complicated and is a very fact-specific process. That is why you need an experienced wrongful death attorney in your corner. Proving wrongful death has many of the same elements of any personal injury claim: the defendant had a duty of care to the injured party; the defendant breached that standard of care; and the harm to the injured party was the direct result of that breach. For wrongful death, there is an additional element: the wrongful actions have to be the direct cause of death.
Any type of personal injury likely to result in serious bodily harm can also be the cause of a wrongful death. These include, but are not limited to: car, truck, and motorcycle accidents; medical malpractice; defective products; dangerous drugs; and accidents at work. In addition, wrongful death lawsuits can also be the result of a defendant’s willful actions. For example, if a loved one has been killed by someone else, but criminal prosecution has not been successful or has not been pursued, families may turn to a wrongful death suit as a way to seek justice.
Contact Our Delray Beach Wrongful Death Lawyers
At Demand the Limits, we have represented families in a wide variety of wrongful death lawsuits. We cannot promise you that the circumstances of your loved one’s death would give rise to a wrongful death claim. However, we can promise you that in your free consultation we will evaluate all of the facts and circumstances surrounding the death of your loved one, give you our opinion about whether they support a wrongful death claim, and give you an estimate of the type of settlement or judgment range we believe the claim would support.
While the loss of a loved one is always painful, the emotional and financial difficulties that usually accompany a wrongful death can make an already bad situation so much worse. The attorneys at Demand the Limits have helped clients in your position before. Let us carry the burden of the legal struggle, and help you recover the funds you need to rebuild your life. Contact our Delray Beach Wrongful Death Lawyers today for a free consultation.