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Florida Wrongful Death Attorneys

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.

Common Wrongful Death Cases in Florida

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:

Car accidents – Sharing the road with other drivers means taking the risk of being involved in an accident. You can’t prevent other people from acting carelessly. Distractions, inattention, and reckless behavior often result in collisions causing injuries and death.
Truck accidents – Commercial trucks usually cause catastrophic injuries and damage in accidents. The occupants of a smaller vehicle could die instantly from the violent impact or sustain life-threatening injuries. In 2019, 4,119 people died in accidents involving large trucks.
Pedestrian accidents – Pedestrians are at a higher risk of death in a collision than anyone else. Walking across the street exposes a person to passing vehicles and inattentive drivers that could swerve onto the sidewalk or heedlessly blow through a crosswalk.
Bicycle accidents – Although bikers can use designated bicycle lanes, there typically isn’t a barrier protecting them from cars whizzing by. A driver could become distracted and drift into the bike lane, sideswiping the rider.
Motorcycle accidents – Motorcycles don’t have airbags or seatbelts like other motor vehicles. The rider is completely exposed to the outside elements. They could get ejected from their bike, run over by a car, or impaled by flying debris during an accident.
Boating accidents – Boat operators often think they’re safer on the water than the road because there aren’t as many obstacles or other vessels to navigate around. However, boats can crash just like cars, and these accidents also lead to occupant fatalities.
Premises liability – Spending time on another person’s property should be a safe experience. Dining at a restaurant, shopping at the mall, or taking in the sunshine at the public swimming pool should not lead to fatal accidents. Unfortunately, owners sometimes fail to maintain their properties, exposing visitors to slip-and-fall hazards, toxic chemicals, and other dangers that can lead to death.
Nursing home abuse – Nursing home staff are responsible for providing the necessary treatment and care to all their patients. When physical abuse or neglect occurs, the vulnerable older adult could suffer severe injuries and die.
Airplane accidents – People board airplanes every day to travel for work and pleasure. Most planes arrive safely at their destinations. However, some end up crashing due to pilot error, malfunctioning parts, and other issues, and the passengers are killed.
Medical malpractice – Adults and children depend on their doctors to cure diseases, heal injuries, and help them stay healthy. Negligence can lead to surgical errors, misdiagnosis, and other mistakes that cause the patient’s death.
Product liability – Manufacturers place products on the market for consumer use. Some contain defects from poor design, lack of warning labels, or manufacturing errors. A malfunctioning kitchen appliance could explode and cause fatalities to anyone in the vicinity.

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.

Who Can File a Wrongful Death Lawsuit?

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:

Spouses
Children
Parents

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.

Possible Compensation Available in a Florida Wrongful Death Case

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:

Funeral and medical costs paid by a specific relative
Mental pain and suffering
Loss of protection and companionship
Loss of instruction, companionship, and guidance from a parent
Loss of services and support

The losses suffered by the estate that may be eligible for compensation include:

Funeral and medical expenses paid by the estate
Lost wages and benefits from the date of the injury to the date the victim died
The value of benefits and wages the deceased could have earned if they were still alive

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.

What Is the Deadline to File a Wrongful Death Lawsuit?

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:

Medical malpractice – Sometimes, surviving families don’t know that their loved one’s death happened because of a doctor’s negligence. Instead of having to file within two years of the day your loved one died, you would have two years from the date you discovered medical malpractice took place.
Homicide – If someone murdered your relative, it might take a while to determine who the perpetrator is or track them down. The two-year statute would start on the date officers apprehend or identify the suspect.
Government entities – There is a four-year statute of limitations for wrongful death caused by government entities and employees. For example, if your family member died in a car crash due to dangerous road conditions and the municipality responsible for maintaining the road failed to repair a known hazard, they could be held liable.

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.

How Pure Comparative Negligence Could Affect Your Lawsuit

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.

Let Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. Help You in the Fight for Justice

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.

Written by Schuler, Weisser, Zoeller, Overbeck & Baxter P.A.

Last Updated : February 23, 2022

Locations

West Palm Beach, FL (Primary Location)

Schuler, Weisser, Zoeller, Overbeck & Baxter P.A.

1615 Forum Pl #4

West Palm Beach, FL 33401

Toll Free: 800.689.8180

Phone: 561.689.8180

Fax: 561.684.9683

Map and Driving Directions

Testimonials

John B (my investigator) was AWESOME! Thank you.

D. Domond, Personal Injury Client

Was kept informed and was promptly notified of any updates regarding this case. Mr. Van Wieringen, my main point of contact, would explain in laymans terms all details.

Anonymous, Personal Injury Client

My case was off to a pretty rough start , once I had gotten in contact with John B. , he helped solve my car accident case amazingly ! He was responsive , professional & personal . I will definitely be going back if anything happens in the future ! Would highly recommend !

K. L.

I am thankful for your assistance and your professionalism. Continue to provide good services to the community.

K. Martinez, Personal Injury Client

Even though Mr Halvorson has retired I would still recommend this law firm to anyone who needed an accident injury attorney

D. B.

You dealt with my step father & he was very pleased with all your help.

R. Hart, Personal Injury Client

I have to start out by saying that the paralegal Heidi R.was AMAZING! She was on top of everything and always was there to answer my questions and concerns. Brad Pace was the investigator on my case and he was very professional and knowledgeable regarding every aspect of my injury case! He always addressed my concerns and even if I didn’t want to hear it he ALWAYS explained to me what was best for myself and my injuries ! Thank you so much for all you do you all are an amazing team that actually feels more like a family!!!

R. O.

Thank you for taking my case. I am pleased with the outcome. This is a perfect opportunity for me to recommend your company to my family and friends. It is so important to be courteous and return phone calls. Thank you

W.W, Personal Injury Client

Thank you for the great professional courteous treatment during a difficult time. Jason your firm is responsive and on target. I want to thank Jason (Mr. Weisser) for listening on personal issues I was facing during my situation. I recommend them 100% on legal matters. They stuck through it over 1.8 years during this difficult time.

L. S.

Tammy Manning is a very valuable asset to your firm. She was amazing!

L. Tatum, Personal Injury Client

Best Lawyers in town I was referred to them by a friend.

N. J.

I am deeply appreciative of the level of care and expertise that was provided through Mr. Overbeck.

T. Jones, Personal Injury Client

John was amazing ! He kept me updated with everything , he helped me when I wasn’t sure of a decision and was always available to talk to answer any questions I had ! Thank you so much , Again , you guys are worth all 5 stars !

C. R.

I would like to thank everyone at this firm for helping me with this incident. I look forward to using you guys again in the future. 🙂

L. Hansen, Personal Injury Client

Bill and Jon were great to me! They handle everything for you with your best interest at heart! Truely the good guys you want in your corner. Forever grateful for them.

B. F.

It was nice to have you guys working on my case. I already recommend a friend of mine to your office. Very nice people.

Anonymous, Personal Injury Client

I was in a motorcycle accident: the bike was totaled and my back injured. Jon and the team helped me get a pretty quick settlement to help me get pay my medical Bill’s and get a new motorcycle. The best firm!

M. B.

Attorney Gregory Cummings and his law firm are consummate professionals. Atty Cummings and his TEAM had our best interest and even followed up periodically keeping us informed until closure. The staff has great interpersonal skills which are reflective in via email, phone conversation and especially in person. Great firm. Thank you all.

Vinoo Ramdat

HANK IS A REAL MENSCH. IT WAS A PLEASURE TO WORK WITH HIM.

S. Weinstein, Personal Injury Client

My experience with Amanda Coates and Mr. Hayden was amazing when i had questions there were able to answer. They was very professional they even got me back more then i was expecting. Keep up the good work and God bless you both.

L. W.

I worked very closely on my case with attorney Greg Cummings, investigator Jon Blumengarten and paralegal Johanna over the past 2.5 years. Outstanding and professional law firm, with excellent communications and follow-up, making sure I was kept up to date on everything regarding my case. They worked so diligently and effectively on my case that I didn’t even realize had much time had gone by from when they took the case to when everything was finalized. They took my case about a week after my car accident and Jon took the time to come to my house and meet with me and learn more about my accident and I knew right then and there that I was in excellent hands, because he actually cared about me, not just as a client but as a person. The entire team was an absolute pleasure to work with, I would recommend this law firm to anyone looking for someone to represent them in any personal injury matters. Thank you for everything!!

Catalina Reinhardt

Overall it was a very satisfied and good experience to interact with your firm and associates. Good luck to you always!

W. Rana, Personal Injury Client

Outstanding expertise, service, communication. Brad Pace was excellent to work with – a true professional. For those reading these reviews in order to make a decision, you really don’t need to search any further.

A. W.

This team is PHENOMENAL with everything, I can’t thank them enough seriously. I’m still young and I’ve been in multiple car accidents and have just settled before. With me having two kids John and Mr.Zoeller worked exceptionally for my case. They were very very patient because it was not easy for me at all losing everything behind my car accident so sudden and they understood and walked with me the entire way. I would highly recommend them to anyone I wouldn’t want to go anywhere else if god forbid something was to happen again. I could go on and on but honestly they were amazing, wasn’t slow on their feet at all, kept me updated with communication through the entire time and the staff was great as well as a team in general. They definitely gave me another chance to make sure I got back everything I’ve lost for my kids and I and for that I will forever be grateful for even having a chance to work with them and them working with me most of all. I really want to thank them again seriously for helping me when it was super rough for me being a single mom you guys are greatly appreciated from the bottom of my heart and keep up the good work 10 stars from me!!!!

Deja T

Attorney Jason Weisser was very informative from the beginning of the case. His team including Mr. Hank was always available to answer any questions we had. Highly recommend them to anyone involved in auto injury or personal injury.

Mohammed I, Personal Injury Client

Eric Hayden and Amanda Coates were the best legal team! All of my questions were answered throughout the entire process, and I received a fantastic result on my case. Thank you to the entire firm!

S. J.

I worked with Erick! He was an amazing guy who managed to get the full 60,000$ dollar settlement. Was able to lower my medical expenses to put more money in my pocket what an absolute godsend I will be recommending friends and family.

Rosie M

While I was being represented by Attorney Jason Weisser, I felt as if I was being represented by family. They were always friendly, kept me well informed & answered any questions I had. Also, Michele (paralegal) Was always supportive & encouraging as I went through medical treatment, legal issues, and the stress from the insurance companies. They are #1 in my book!

Amber C, Personal Injury Client

I love this law firm!!! Hank is the best he very professional respond to all my questions

N. S.

I am very happy with the way you handled my case.

Libya. R, Florida Personal Injury Client

Just call Mr.Overbeck! Freaking awesome!

C. E.

Very Good relationship, excellent results-Very Happy-I have since referred a possible client to you. P.S. Hank was great to me!!!

Sheldon H, Florida Personal Injury Client

This law firm cares and it shows! They’re attentive and thorough. Every time I got a call from them was always more good news. Highly highly recommend!

J. N.

Hank and company were excellent to work with. They went to bat for me and settled my case in under a year. Recommended me to some of the best doctors to get my injuries sustained in my accident taken care of to the best of their ability. Also negotiated their medical bills down substantially from full price to make my net settlement fair to me in the end. Would highly recommend these guys to anyone.

DRTORQUENSTEIN

Your Professionalism is Top Notch! Also, we were treated like family. I would recommend your firm to anyone. Thank you so much

Barbara F, Florida Personal Injury Client

John was great and very easy to communicate with highly recommend!

H. L.

Their service was excellent! I never had an issue concerning the firm. Thank you for everything!

Renoal M, Personal Injury Client

I’m not one to write reviews but I wish I could rate this firm higher than five stars. During possibly the worst time in my families life this team stepped in to advocate on our behalf. Jason and Eileen are apart of our family forever and we have so much gratitude for them. If you want lawyer who will fight beside you then you found the right team. Very quick and efficient and will always keep you in the loop. I had millions of questions and they found answers to every one. Eileen is possibly the sweetest and kindest personal ever simply put she’s a badass.

N. J.

I found Mr. Schuler and Mr. Pace to be both professional as well as very personable. Never having found myself in this type of situation, I was quite nervous;however, within a very short time I knew I was in good hands. Throughout the process Mr. Pace kept me apprised of developments and answered all of my questions. He took care of everything and I was extremely pleased with the results. I would most definitely recommend the firm of Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. to anyone embroiled in a legal matter.

Laurene V, Personal Injury Client

I cannot thank this law firm enough for everything they did for my case after my car accident. My Attorney, Mr. Zoeller, my Legal Assistant, Jennifer, and the Investigator, Hank, went above and beyond for me. You never anticipate a bad car accident to happen to you, but they all collectively took the time to make this experience very easy and less stressful. I would highly recommended this amazing law firm to anyone. Thank you so much for everything from the bottom of my heart!

C. B.

Brad was great! Always responded to my phone calls and emails in a timely manner. He was professional, patient, and thorough. Thanks Brad!

Ashley G, Personal Injury Client

Professionalism, reliability and quality service.

J. W.

Very satisfied with the outcome of the case.

Jack S, Personal Injury Client

Mr. Blumengarten was quite informative, easy to reach and was quite professional in his approach and response. He helped me to understand the process and was quite helpful in dealing with my personal plight. I would certainly recommend this firm to anyone. Thanks for the continued assistance.

E. T.

I thank you!

Barbara N, Personal Injury Client

Dr. T

I was satisfied with everyone that worked on my case. Thank you for everything.

April S, Personal Injury Client

I have been a loyal customer and I will recommend all my family and friends to Jason D. Weisser, Schuler, and Halvorson for the wonderful job!!

Marline J, Personal Injury Client

Excellent staff, professional, effective

Anthony P, Personal Injury Client

Excellent team work! Your commitment to your clients is reflected in the quality and dedication of work.

Lucia B, Personal Injury Client

Very pleased by the prompt attention given this matter. The concern shown for our family at a very sad time was appreciated. Your professionalism was first class!

Daniel D, Personal Injury Client

I would highly recommend the firm. Our experience was very good! We never imagined an outcome that matched our request. This firm worked hard to make things come together. Thank you so much!

Cynthia W, Personal Injury Client

Hank was very helpful with any questions we had.

Anonymous, Personal Injury Client

I was very satisfied with Jason Weisser. I will always recommend.

Cory N, Personal Injury Client

Thanks for all that you did. I appreciate you and would recommend you to my family and friends & family. You’re the best Hank.

Milton H, Personal Injury Client

I appreciate everything you all did on my behalf. Me and my family would like to thank you and the staff of your firm for such a unique job.

Vana T, Personal Injury Client

Hank VW was awesome!

Tiffany S, Personal Injury Client

Hank was a rep of your office! Handled everything very well.

Robert C, Personal Injury Client

Brad was awesome. Explained everything very clearly and always told me the next step.

Jeanette E, Personal Injury Client

I was extremely satisfied with how the law firm dealt with my case and I would highly recommend this firm.

Jenny H, Personal Injury Client

Mr. Pace was very informative and very honest with me at all times. Thank you very much for all your work.

Cathy G, Personal Injury Client

Brad was wonderful! He was always pleasant, helpful and very professional! I was very happy with the firm and my outcome & would use the firm again!

Janet W, Personal Injury Client

From beginning to end, my association with this firm, in particular Brad Pace, was outstanding! I was kept informed at every step, phone calls returned beyond promptly and I always felt my best interests were paramount to them. Even had the outcome not been favorable, my impression would be the same – Their desire to achieve the best possible results for me always the goal. A very courteous, professional and approachable environment made me feel comfortable immediately. You are in good hands with this firm.

Pamela W, Personal Injury Client

Once again I experienced outstanding efficiency. It’s always great to work with Hank and I’m sure he’s the best in the business at what he does! I’d like to thank all involved with my case. I deeply appreciate your efforts! Thank You!!!

Brett W, Personal Injury Client

Very Pleased with the services we received.

Jazmin B, Personal Injury Client

You guys are wonderful and always very professional and caring. Brad is excellent and does a very good job.

Marsha N, Personal Injury Client

I want you to know of the high regard I have for your investigator, Bradford Pace. The accident was one of the worst experiences of my life and if it had not been for his kindness, expertise and readiness to answer my questions and concerns, it would have been much worse. You should be very proud of having such fine gentleman in your law firm.

Ruth L, Personal Injury Client

Hank did a great job helping us through the insurance maze after our auto accident. We really appreciate his courtesy and professionalism. Your receptionist is so skilled it’s amazing. Her people skills are so good they should be bottled in gold.

Clinton J, Personal Injury Client

I am impressed with the personal attention and the expediency that my case received. I would gladly recommend this outstanding law firm with complete confidence!

Elaine H, Personal Injury Client

Very professional as well as compassionate in handling the entire case. Thanks so much.

Gail G, Personal Injury Client

Use them! They were supportive in my claim and mad me feel assured everything was going to be handled to the very end. The team was always in step with every level of the claim, and each attorney that represented me was well versed on their field of law. In the end I was very satisfied with their confidence and follow through. I would highly recommend this law firm and its vast team of experience and knowledge to represent you in any area of the law they practice.

Personal Injury Client