Palm Beach County Wrongful Death Attorney

Maybe you are the type of person who is hesitant to sue anyone. Still, you could be experiencing pain, suffering, and discomfort, dealing with piles of unexpected medical bills, time off work, and being confused about how to move forward. There are a lot of moving parts to an injury case, both legal and non-legal related. That’s what we’re here for, so you don’t have to deal with them.

Shouldn’t someone pay for what happened? Having a Wrongful Death attorney is, unfortunately, a reality for ensuring you get the best representation for you, your loved one, and your case.

The unexpected death of a loved one is a difficult burden for the family and friends left behind. It becomes even heavier if that death could have been avoided. If it turns out that the death of a person could have been avoided because it was caused by the negligence of another person or party, then a wrongful death suit can be filed by an experienced Florida wrongful death lawyer from our firm.

1. Report your accident to the appropriate authorities ASAP. Ensure Authorities are contacted and document the scene. Get medical treatment for any injuries you have sustained; don’t “shake it off.” Some injuries, like traumatic brain injuries or internal injuries, can have delayed symptoms. The sooner you can receive medical attention, the better for your health and your case.
2. Collect as much information as possible. You or someone you trust should attempt to get information from any involved parties. Important information can be the names of all parties involved and any eyewitnesses. If you were in a car crash, get the other driver’s insurance information too.
3. Take photographs. Photograph the scene, your injuries, the causing factors of the accident, and anything you think may be relevant. If you were injured on someone’s property due to a dangerous condition, take photos of the dangerous condition.
4. Get copies of all relevant documents. This can include police reports, incident reports, medical documents, and communications with insurance companies.

The more information you have about your case, the stronger your claim will be. Don’t neglect your own injuries if you were involved in the accident as well. If you were injured due to another’s carelessness, contact Smith & Vanture to learn more about filing a claim.

The legal definition of wrongful death is the death of a person due to the reckless, negligent, or even deliberate act of a person or entity. Such a case has four considerations:

• The death of a human being
• The death was caused by a person, group of people, organization, or other entity through negligent, reckless, or intentional actions or omissions
• The surviving family of the deceased must demonstrate financial suffering caused by the unexpected death of the deceased
• The family must appoint a personal representative of the estate of the deceased

In other words, a wrongful death is when what would have been a personal injury leads to a person’s death instead. A personal injury is an injury caused by another person’s negligence. Some examples include car accidents, slip and fall accidents, medical malpractice, intentional killings, aviation accidents, deaths due to defective products, dog bites, and many others. If they, or other types of personal injuries, lead to someone’s death, then a wrongful death suit can be filed. A wrongful death suit can also be filed if the victim’s death resulted from intentional misconduct. In such cases, the perpetrator may also face criminal charges related to the death, but a wrongful death suit is separate and different.

Three types of wrongful death damages can be awarded to survivors of a wrongful death victim. These are economic, non-economic, and punitive damages. Smith & Vanture will evaluate your case to help you fight for what is right.

There are a lot of factors that are taken into account when determining the damages in a wrongful death case. They include the following:

• The Decedent’s Age – The family of a younger person with more earning potential might get a bigger payout than the family of someone closer to retirement age.
• The Character of the Decedent – If the decedent spent their money responsibly, then their family will usually receive a more significant damage award than someone who was more irresponsible.
• The Decedent’s Life Expectancy – The family of someone in good health and who took care of themself is likely to get more than the family of someone in poor health or with a serious medical condition.

Any of the survivors of the decedent (the person who died) can sue, but a representative on their behalf must file the suit. That representative is generally the executor of the decedent’s estate. In Florida, the people on whose behalf the representative can file a suit include the following:

• The spouse of the decedent
• The children of the decedent
• The parents of the decedent

Siblings of the decedent and their extended family can file a claim if they were named as the personal representative or guardian of the estate.

We welcome your questions and want to understand your situation to help you move forward and get the best outcome for you or your loved one. Call our office at (561) 684-6330 with questions and a description of your situation to see if we can assist or to schedule a consultation. Or you may simply fill out the form above on this page. Your form will be directly emailed to our office, and you can expect a reply within one business day and often within hours of the same day. All information you share is confidential.