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West Palm Beach, FL 33401
If you lost a loved one in an accident caused by someone else, you might be entitled to compensation from a wrongful death lawsuit. The Florida personal injury lawyers of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. have over 40 years of experience representing individuals like you in the most sensitive and devastating cases. We understand how difficult it is to move forward from this. You can depend on our legal team to be your advocate and fight for the justice you and your family deserve.
It is never easy grieving the loss of someone you love, and it can be particularly challenging if the death happened under entirely preventable circumstances. Knowing another person is responsible for your relative’s death, and that person could have avoided their careless actions makes this situation unfair and traumatic.
The Florida wrongful death attorneys of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can help you hold the negligent party liable and pursue the maximum available compensation. Paying funeral costs, medical bills, and other expenses is overwhelming and can lead to debt. You shouldn’t have to pay out of pocket if someone else were entirely at fault for the fatal accident.
Call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. at 561.689.8180 for a free consultation and let us represent you and your family in your wrongful death case.
Wrongful death is a person’s death caused by someone else’s wrongful act, breach of warranty or contract, default, or negligence. Various situations could result in a fatal injury or death of the victim.
The most common types of wrongful death cases Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. handles include:
The Florida wrongful death attorneys of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can investigate the incident to determine who was at fault. We will gather all available evidence to prove what happened and show that you and your family deserve compensation for the losses you suffered.
Florida law allows one individual to pursue a wrongful death case. The personal representative of the deceased’s estate can file the lawsuit. This person is also referred to as the executor. The designated personal representative must file on behalf of the estate and surviving family members. Eligible surviving family members include:
When the beneficiary prepares the case to initiate in court, they must name all the beneficiaries in the legal documents. That means the complaint should include anyone eligible to receive compensation for losses suffered from the victim’s death.
State law splits wrongful death losses into two categories: those suffered by the estate and those suffered by the family. Since the personal representative is supposed to act on behalf of the estate and surviving loved ones, they should seek compensation to cover losses in both categories.
The compensation surviving family members receive could cover losses, such as:
The losses suffered by the estate that may be eligible for compensation include:
You could also pursue punitive damages in a wrongful death case. However, you must provide the jury with clear and convincing evidence that the defendant is guilty of gross negligence or intentional misconduct to receive this monetary award.
If you want to sue the at-fault party for causing your loved one’s death, you have to comply with the statute of limitations. This is a strict timeframe for pursuing legal action against another person or a company in civil court. Florida has a two-year statute of limitations for wrongful death cases. That means you must file suit within two years of your relative’s death if you want to seek compensation.
Three exceptions could extend the deadline, giving you more time to initiate your case. They are:
The multiple deadlines that exist and various circumstances that could delay or extend them can be confusing. Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. can guide you throughout this part of the case.
If you choose to file a wrongful death lawsuit, you should be aware of a specific statute that could reduce your financial award. Pure comparative negligence allows a jury to diminish the final amount of available compensation by the percentage of fault shared by the victim. In other words, if your loved one’s actions contributed to their death, you could end up with much less compensation than you need to cover the losses you suffered.
As an example, let’s say there is a total of $100,000 in compensable losses. If your family member died in a car accident, but a jury determines they were 20 percent responsible for the crash, you could only receive a maximum of $80,000 in compensation.
Our Florida wrongful death attorneys understand the emotional and financial struggles you face after losing someone you love. Even though money can’t change what happened or bring your relative back, it could offer economic relief and help you to afford the related expenses. Our team will be in your corner from start to finish of your case to provide the legal representation, advice, and support you need to get through this.
If your loved one died in an accident due to someone else’s negligence, do not hesitate to call Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. for a free consultation. We are available 24/7, so you can reach us when you need us the most. Call 561.689.8180 today or reach out to us online.