Boca Raton Wrongful Death Attorney

// GET THE COMPENSATION YOU DESERVE

Boca Raton Wrongful Death Attorneys

Losing a spouse, parent or child is the most painful experience of many people’s lives. One of the few things that can make the experience worse is the knowledge that the death only happened because another person or business was careless, reckless or negligent. These preventable deaths are indefensible, and families deserve compensation for not only the terrible pain and suffering they experience but also the life-altering financial hardship they’re forced to endure.

Types of Damages in Wrongful Death Claims

In wrongful death cases, families may be entitled to various types of compensation:

1. Medical and Funeral Expenses: Any costs associated with medical care before the decedent's death, as well as funeral and burial expenses.
2. Loss of Income and Benefits: Compensation for the decedent's expected earnings and benefits, had they lived.
3. Loss of Companionship and Consortium: Compensation for the emotional pain and suffering of the survivors due to the loss of the decedent's companionship, affection and parental guidance.
4. Mental Anguish: This compensates family members for the emotional distress caused by their loved one's untimely death.

Who Can Bring a Wrongful Death Claim in Florida?

Under Florida law (Florida Statutes § 768.20), the personal representative of the decedent’s estate is the individual who brings a wrongful death claim. This representative can be named in the decedent’s will or estate plan. If no representative has been named, the court will appoint one. Although the representative files the claim, it is brought on behalf of the decedent’s estate and any surviving family members.

Identifying Additional Defendants in Wrongful Death Claims

A crucial aspect of a wrongful death claim is identifying all potential defendants. While it may be clear that one party is liable, other parties may also bear some responsibility. For example, in a fatal truck accident, the driver, the trucking company, the truck manufacturer and even entities responsible for road maintenance could be liable. An experienced personal injury lawyer can thoroughly investigate the circumstances of the death to identify all potential defendants.

Tell Us About Your Case

Fill out our form for a FREE case evaluation.

Boca Raton Practice Areas

How Personal Injury Attorneys Can Help

An experienced personal injury attorney can be instrumental in a wrongful death claim. They can:

Evaluate the case: Your attorney will review all the details of the case to determine if you have a valid wrongful death claim.
Gather and analyze evidence: This is crucial to establish the liability of the defendant(s) and the extent of the damages.
Calculate damages: It can be challenging to determine the economic and non-economic damages in a wrongful death claim. An experienced attorney will ensure all potential losses are considered.
Negotiate with insurance companies: Insurance companies often try to minimize the amount they pay out. Your attorney will negotiate assertively on your behalf.
Advocate in court: If a settlement can't be reached, your attorney will represent your interests in court.

Punitive Damages in Wrongful Death Claims

Punitive damages are awarded not to compensate the family, but to punish the defendant and deter similar behavior in the future. They may be appropriate in a wrongful death claim if the defendant’s behavior was particularly reckless or egregious. Maybe the most common example is a wrongful death caused by a drunk driver. It can be clearly established that the drunk driver acted with criminal recklessness, especially after a conviction or guilty plea in a criminal case.

The bar for behavior that justifies punitive damages is high, and your attorney can help determine if seeking punitive damages is appropriate in your case.

// LATEST NEWS

Wrongful Death Blogs

wrongful death

How to Find a Wrongful Death Attorney

April 30, 2022

wrongful death

Can I File a Lawsuit for the Wrongful Death of My Unborn Child?

February 12, 2022

mediation lawyers - Kanner and Pintaluga

wrongful death

Is Mediation Required in Every Florida Personal Injury or Wrongful Death Case?

November 2, 2020

What Our Clients Say

 5/5

When an uninsured driver hit the front end of my brand new Range Rover, I was sick! Not only from the pain in my body but also the pain of being in an accident. This was my first accident ever and I didn’t know what to do! My brother suggested I call an 800 hotline and reluctantly I did. I’M SO GLAD I MADE THAT CALL! My attorney, Bill, was so helpful and knowledgeable. Physical therapy was amazing. And when it was time to close my case, Jose Hernandez was AWESOME! Thank you to everyone at K&P for turning a traumatic experience into a bearable process.

The law office of Kanner & Pintaluga where very helpful in my auto accident case. When i made the call to have them represent me. They were at my door the same day. Their team that they had on my case made me feel secure. I would recommend them to anyone with a personal injury case.

This team of representatives are the best, stays on top of everything and makes sure that I’m satisfied every step of the way.

Boca Raton

925 South Federal Highway, 6th Floor
Boca Raton, FL 33432

(800) 586-5555

* Available by Appointment

// AVAILABLE 24/7

WE'LL FIGHT FOR YOUR FAMILY

Losing a loved one due to the negligence of another party is an unimaginably difficult experience. Our dedicated Florida personal injury law firm is committed to providing compassionate, comprehensive legal support to those facing such a loss. Consult with one of our Boca Raton wrongful death lawyers by calling today.