Over 35 Years Of Fighting For Justice For Injury Victims

Boca Raton Wrongful Death Lawyer

When someone close to you passes away unexpectedly because of another person’s negligence or reckless behavior, the emotional and financial hardships can be overwhelming. You might have a right to claim compensation for medical expenses, lost wages, pain and suffering, and more. The steps you take now are critical. Let Rosenberg Injury Law help you with your wrongful death case right away.

If you have lost a loved one in an accident in Boca Raton or surrounding areas of Florida, then Rosenberg Injury Law is here to help you protect your legal rights and obtain the compensation you deserve. Our experienced wrongful death attorney in Boca Raton is available to talk to you today, free of charge, at 561.858.3336.

Who Is Eligible To File A Wrongful Death Claim In Florida?

The Florida Wrongful Death Act defines two categories of claimants eligible to file a wrongful death lawsuit: the estate and survivors.

Estate Claims

The personal representative of the deceased person’s estate can pursue compensation for damages experienced by the decedent. This representative acts on behalf of the estate’s beneficiaries. If the deceased did not make estate planning arrangements, assets transfer to family members according to a will, trust or intestate succession law.

Estate damages can include:

  • Lost income the deceased would have earned
  • Medical expenses incurred before death
  • Funeral and burial costs

Survivor Claims

Survivors typically receive the largest portion of wrongful death settlements. Eligible survivors who can file for damages include:

  • The spouse
  • Children (those under age 25 may receive increased compensation)
  • Parents of the deceased
  • Blood relatives (including adopted siblings) who were partially or wholly financially dependent on the deceased

Survivor benefits compensate family members for individual losses they experienced due to their loved one’s death including:

  • Mental anguish and emotional distress
  • Loss of protection and companionship
  • Loss of parental guidance, instruction and support
  • Medical bills, funeral costs and burial expenses paid by survivors

When a claimant qualifies for compensation both as part of the estate and as a survivor, survivor benefits usually exceed estate recovery. Complex family situations such as adopted children, stepchildren, divorced parents, remarriage, children born out of wedlock and common law marriages can affect eligibility and the distribution of compensation.

What Compensation Can A Family Recover After A Wrongful Death In Boca Raton?

In a wrongful death lawsuit, the deceased person’s estate and surviving family members can recover both economic and noneconomic losses.

Economic Damages can include:

  • Medical care costs incurred before death
  • Lost income and wages the deceased would have earned
  • Future earning capacity the estate lost
  • Funeral and burial expenses

Noneconomic Damages, meanwhile, involve:

  • Pain and suffering experienced by the deceased before death
  • Mental anguish and grief of surviving family members
  • Loss of companionship, guidance and protection
  • Loss of parental care, instruction and nurturing for children

While nothing can bring back a beloved parent, spouse, child or sibling, we can help minimize the financial burden this tragedy creates. Medical bills and funeral costs can devastate a family’s finances. You can also receive compensation for wages your loved one would have earned had they not died prematurely, including income through their anticipated retirement.

Our Boca Raton wrongful death attorney evaluates claims carefully and provides realistic estimates of what compensation should be sought based on the death’s impact on surviving family members and those who depended on the deceased. We fight for an amount that allows your family to preserve its quality of life.

Common Types of Fatal Accidents in Boca Raton

Common situations that lead to wrongful death cases include:

Section 768.19 of Florida Statutes defines wrongful death as death caused by an wrongful act, negligence, breach of contract or default. Our attorney can explain whether your relative’s death qualifies as wrongful death and assist you in pursuing legal action.

How We Prove Liability In Boca Raton Wrongful Death Cases

To succeed in a wrongful death lawsuit, you must prove several legal elements. Rosenberg Injury Law helps establish:

  • Duty Of Care: We demonstrate that the defendant owed a duty of care to the deceased. For example, drivers have a duty to other motorists to exercise reasonable caution and follow traffic laws. Property owners have a duty to maintain safe premises for visitors.
  • Breach Of Duty: We show how the defendant failed to meet their duty of care. For instance, a driver who causes a fatal accident by driving on the wrong side of the road breached their duty of care.
  • Causation: We prove the defendant’s negligence directly caused your loved one’s death. This means demonstrating that the death would not have occurred if the defendant had not acted negligently.
  • Damages: We provide evidence of the harm suffered through testimony from both lay witnesses and expert witnesses. This requires access to a network of qualified experts throughout Florida.

Building a strong wrongful death case requires thorough investigation and the ability to present compelling evidence that holds negligent parties accountable.

Contact Our Boca Raton Wrongful Death Lawyer Today

If tragedy has occurred due to someone else’s negligent, reckless or intentional action, contact Rosenberg Injury Law to discuss your case and learn about your rights and options. We are dedicated to helping families who have suffered wrongful death obtain the compensation they need to move forward.

Call us at 561.858.3336 or contact us online for a free consultation with our wrongful death attorney in Boca Raton, Florida.