The loss of a loved one is a devastating and traumatic event, but when the loss comes unexpectedly because of another person’s wrongdoing, you deserve justice. At Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A., our West Palm Beach wrongful death attorneys know that nothing can make up for the loss you have suffered. However, we believe that taking legal action against the person or entity responsible for your untimely loss may be able to provide you with the closure that you would not have otherwise been able to achieve.
While taking legal action may be the last thing on your mind at this understandably difficult time, the unexpected loss of a loved one often brings with it a number of unanticipated financial costs—costs that we believe you should not be forced to cover if someone else’s wrongdoing was responsible for your loved one’s passing. As such, we are committed to fighting on your behalf to help you recover compensation for the financial burdens you’ve been forced to take on, allowing you to focus on spending time with your family and working through this difficult time.
Our compassionate West Palm Beach attorneys understand what you are going through. We are here to listen to you and help you grieve your loved one. We’re also committed to making sure that those responsible for the death of your loved one pay the price for what they’ve done. While we cannot undo the devastating loss you’ve suffered, we can get you a measure of justice and much-needed financial relief that can alleviate the burdens of funeral costs and supporting your family. Contact us by chatting live on our site, filling out a contact form, or by calling us at (561) 689-8180 today.
Do I need a lawyer?
Wrongful death claims can be extremely complicated and are understandably emotionally-charged. This is because every claim contains a variety of damages and only certain people can file and recover compensation and claim justice on behalf of the deceased. Wrongful death claims are best prepared and presented by a lawyer who is intimately knowledgeable about this area of the law. Handing the burden of a wrongful death claim to an attorney is the best way to recover for you and your family’s losses.
Tackling these cases alone can be hard. Keeping track of what happened, how, and what your losses are can be overwhelming. Having an attorney will enable you to focus on the grieving process and will provide your case with a fresh set of experienced eyes to analyze your situation. As such, you will not have to worry about overlooking details or being concerned about whether a particular injury is recoverable.
It is important to note that attorneys’ fees are a possible award in wrongful death cases. If you are afraid of retainer fees and hiring an attorney is cost prohibitive for you, know that we can always ask for attorneys’ fees to offset the cost of our work for you. Though not guaranteed, judges almost always award attorney fees during wrongful death suits.
Why You Need Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A.
The legal team at Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. is committed to winning you the highest possible compensation. We have recovered millions of dollars for our clients, including wrongful death cases. We have the knowledge and experience required to win your case.
A wrongful death claim attorney from Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A. is ready to analyze your case, determine your eligibility for certain types of damages, and figure out the best strategy for your case. Our attorneys can help you be objective in these matters and present the strongest case possible.
Contacting our experienced legal team will help you get on the road to recovery for the damages you and your family are suffering. Let us take over your case and assist you in recovering what is legally yours in your wrongful death cause of action. You and your family do not have to struggle through this trying time alone.
What is a Wrongful Death Claim?
A wrongful death claim is a civil action. This means that you cannot sue someone in criminal court for wrongful death, and jail time is not something you can request as a form of recovery for the death of your loved one. Instead, the survivors of a deceased party will file a wrongful death claim when they feel their loved one passed away as a result of negligent or intentionally reckless actions. As a result, it is usually the case that a family member or some other personal representative will file a suit for this cause of action. Friends can rarely (if at all) file suit in these matters. Additionally, those that sue under a wrongful death claim are usually seeking financial compensation for their losses, which can be numerous when a loved one passes away unexpectedly.
Wrongful Death Costs
If you’ve lost a loved one, in addition to the incomparable grief you may be experiencing, you are likely also facing significant financial burdens associated with your loved one’s initial accident or illness and their eventual passing. At Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A., we know how difficult this time is for you, which is why we are ready to step in and help you pursue compensation for:
- Medical treatment costs incurred before your loved one’s passing
- Funeral expenses
- Loss of income the deceased would have earned
- Loss of companionship
While receiving compensation for these and other losses cannot replace the person you lost, alleviating the financial burdens that often accompany a sudden loss can go a long way towards relieving some of the stress and difficulties you are undoubtedly experiencing at this time.
Damages Classification—Deceased vs. Survivors’ Damages
There are two classifications of damages involved in a wrongful death case: deceased damages and survivor damages.
Deceased Damages: These are damages incurred by the deceased before their death. These include hospital bills, pain and suffering, lost wages, and more.
Survivor Damages: These are the damages incurred by the deceased’s surviving family members (you) after their passing. These damages usually include lost wages for the deceased until the time of their projected retirement, loss of consortium, pain and suffering, punitive damages (if applicable), and loss of inheritance.
You might be eligible for different damages depending on the details of your case. A wrongful death attorney will be able to work with you to determine what compensation you might be owed.
Types of Damages
A wrongful death claim is not unlike other personal injury claims when it comes to types of damages to be awarded. There are three types of damages that each claim may have
Economic Damages: Economic damages are those actual financial losses that are incurred as a result of an accident. This can include medical bills acquired by the deceased for hospitalization and lost wages of the deceased (actual and speculated future wages until retirement age).
Non-Economic Damages: Non-economic damages are those that relate to the loss of companionship and pain and suffering. These damages are intangible damages in that there is no “paper trail” to show that something exists even though they are authentic. The more intimate and close the relationship, then the more likely these damages will be awarded.
Punitive Damages: These damage awards only exist if the deceased passed away as a result of extremely reckless behavior. These damages are punitive because they punish the party who committed the reckless actions leading to someone’s death. They are also considered punitive because the award of damages is meant to serve as a deterrent to other parties in similar situations.
Both economic and non-economic damages are very common in almost every wrongful death case, while punitive damages are rarer. An experienced wrongful death attorney will know which types of damages you qualify for and will help you win the maximum compensation amount.
Parties Who Can File a Claim and Recover
Not just anyone can file and recover from a wrongful death claim of a loved one. Usually, only the surviving spouse, parents of the deceased, and the children of the deceased can claim wrongful death and receive recovery award(s). More often than not, these parties can successfully claim economic and non-economic damages given the nature of their relationship to the deceased. Punitive damages may be awarded to these parties, but only in rare situations when such is warranted (see above).
Talk to a Wrongful Death Lawyer in West Palm Beach to Learn More
Losing a loved one is never easy, and at Schuler, Halvorson, Weisser, Zoeller & Overbeck P.A., our West Palm Beach wrongful death lawyers want to help provide you with the dedicated support you need at this incredibly difficult time. Though nothing can bring the person you lost back, filing a wrongful death claim can help bring you the closure and justice you deserve. Learn more about what our team is prepared to do to help you by calling us today at (561) 689-8180.