Wrongful Death Lawyer in West Palm Beach, Florida
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Our West Palm Beach wrongful death attorneys and staff offer our sincere condolences to the families of the deceased. We empathize with the family of the deceased during the most difficult time of their lives.
The Law Office of Roger P. Foley is here to assist the family of the deceased, if they choose to bring legal action, against the party that negligently caused the death of their loved one. We will stand beside you and seek justice in the civil courts. We understand that a monetary settlement or verdict cannot replace a loved one, however money may help ease the financial burden, especially if the departed was the family’s primary source of income.Wrongful Death Information
- Common Questions Regarding Wrongful Death?
- Who can bring a wrongful death case in Florida?
- How much does it cost to hire a wrongful death attorney to bring a legal action?
- Is there a Wrongful Death Statute of Limitations in Florida?
- How do Wrongful Deaths Occur?
- The Reasons to Hire the Law Office of Roger P. Foley
- Proving Negligence in Wrongful Death Case (4 Elements)
- What is the Difference Between a Survival Action and a Wrongful Death Claim?
- Bereavement Services to Help Families Cope With the Death of a Loved One
If your loved one dies as a result of negligence or misconduct of another party then the surviving family members may sue for wrongful death. Florida statute 768.19 that specifically states,
“Right of action.—When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”
How much is a wrongful death case worth and how do I ensure the maximum amount?
Each case is different, the value of a wrongful death case has many factors, sadly it depends on how much money the defendant has or how much insurance they have. Some attorneys say the average is 500,000 for a wrongful death. That means some people may receive nothing and some may receive millions. In a wrongful death lawsuit, the family may request financial compensation for the loss of companionship, lost wages, medical and funeral expenses,lost retirement, loss of emotional support, and mental anguish amongst other things. Insurance coverages could be non-existent or there could be millions of dollars in multiple policies.
Who Can Bring A Wrongful Death Case In Florida?
Florida law provides that the family of the deceased may bring a wrongful death action. This process begins in probate court where a personal representative of the deceased will be appointed to represent the estate. Although the representative is only one family member, all of the family shall be listed in the lawsuit. Any family member that was dependent either wholly or partially is listed in the lawsuit.
How Much Does It Cost To Hire A Wrongful Death Attorney To Bring A Legal Action?
There are never any out-of-pocket expenses or legal fees due up front, we simply receive a percentage of what we collect for you. Accordingly, the only time we receive any payment is if we win a verdict in trial or reach a negotiated settlement with the culpable party and their insured.
Is There A Wrongful Death Statute Of Limitations In Florida?
The statute of Limitation in the State of Florida is two (2) years from the date of the decedent's death. It takes time to investigate the case and put together evidence that proves negligence. Contact a Palm Beach County wrongful death lawyer as soon as possible to assist you.
How Do Wrongful Deaths Occur?
Wrongful deaths occur in many ways. Our law firm primarily handles wrongful death cases that occured during:
There are many ways that a wrongful death may occur, including:
- Motorcycle accidents
- Car Accidents
- Truck accidents
- Boating accidents / Maritime Accidents
- Slip and fall Accidents
- Airplane Crashes / Aviation Accidents
- Pedestrian and Bicycle Accidents
- Product Liability due to design or manufacturing defect
- Medical malpractice
- Construction site injuries
- Workplace accidents
- Poorly maintained property
At the Law Office of Roger P. Foley, we are available to review the incident that caused the death of your family member and to determine whether you have a legal claim for wrongful death. You will always speak to an actual attorney who will explain the process and answer questions that you may have. The consultation is always free and there is no obligation.
The Reasons To Hire The Law Office Of Roger P. Foley
Our West Palm Beach wrongful death lawyers are small in number, but are effective. You will never feel like a number. You will know us personally and we will know you. We don’t have dozens of secretaries, paralegals, and numerous staff members. We prefer keeping the group small, competent and effective. We are guided by doing what is right for our clients. To ensure top notch legal representation we will:
- Full investigate the cause of death
- Determine who is responsible, and how many defendants
- Determine insurance coverages and any umbrella policies
- Compile evidence for settlement negotiations or trial
- 911 calls, preserve evidence demand letter, medical scans, photos, witnesses, event data recorder (EDR), experts, statements, bodycams of police officers, etc
- Contact the insurance company and speak directly with their adjuster
- Research on legal issues and jury verdicts
- Determine a value for your claim
- Communicate and update our client
- Prepare for trial, if necessary
Proving Negligence In Wrongful Death Case (4 Elements)
It starts with your legal team. The attorney must prove another person(s) caused the death of your loved one either through negligence or an intentional tort.
As a Palm Beach County wrongful death attorney it's important to have a working knowledge of the Florida statutes, case law, rules of civil procedure and an ability to demonstrate to the opposition or a jury that the defendant was negligent.
To prove negligence one must demonstrate:
- Negligence- demonstrate that the Defendant failed to act with ordinary or reasonable care or that the act was intentional. The negligence could be the defendant consuming too much alcohol at a local bar in Palm Beach county and getting behind the wheel of a car, it could be a West Palm Beach business owner knowingly failing to properly maintain equipment that leads to the death of a visitor of the business.
- Breach of duty-It must be proved that a duty was owed to the deceased and the defendant acted recklessly thereby breaching that duty. For example, the driver owes a duty to drive safely and not cause danger to others on the roadways. The business owner has a duty to keep their property safe so that the public is safe from harm.
- Causation- it must be proved that the Negligence and Breach of duty caused the death of the plaintiff’s family member. Had the defendant acted properly this death would not have occurred.
- Damages- that as a result there are damages to the victim’s family due to substantial loss of their loved one. Damages include medical bills, funeral costs, lost wages, lost retirement, and loss of protection. When all of these damages are added up, both tangible and intangible, you have a numeric number from where to start negotiations.
Note: In Florida, if the wrongful death was caused by gross negligence or reckless / intentional conduct causes the wrongful death, punitive damages may apply. Punitive damages are meant to punish the defendant and discourage others from acting similarly.
Our West Palm Beach wrongful death attorneys will work diligently to get you the most money. We understand the stress caused by the loss of a family member and we want to help you.
What Is The Difference Between A Survival Action And A Wrongful Death Claim?
A wrongful death claim aims to recover damages suffered by the surviving family members.
In a survival action, the personal representative of the estate can sue on behalf of the deceased for damages suffered from the time of the incident to the time of actual death. Had the decedent lived this would be their personal injury claim. For example, had the person lived they would have sued for all medical fees caused by the incident, lost wages, property damages, and pain and suffering.
Florida requires that the family choose a wrongful death claim or a survival action but not both.
When you call the Law office of Roger P. Foley we will discuss the facts of your case and which action is best for you.
Bereavement Services To Help Families Cope With the Death Of A Loved One
There is an overwhelming sense of loss when a family member unexpectedly passes, and it is important that the family grieving finds the support needed. Adults, teens and children often grieve in different ways. A widow with children may hold it in to be strong for the children, a teen may act differently from a child under 10 years of age. Finding a support group can be helpful.
Contact The Palm Beach County Wrongful Death Attorneys At The Law Office Of Roger P. Foley
Our attorneys acknowledge the loss of your loved one and will give you maximum effort in obtaining the compensation you deserve. We are a small but powerful team of legal professionals that are here to assist you during this most difficult time. Remember, there are no upfront costs, we don't get paid unless we recover fees on your behalf. Call us at 561-746-7076