Serving the Families of Wrongful Death Victims in Boca Raton, FL
The passing of an intimate friend, partner, or family member is one that you’ll carry with you for life. Knowing that you’ll never again share special moments makes their loss one of your life’s most painful experiences. People can pass in a variety of ways, and sometimes, they die because of another’s negligence or recklessness, making it all the more difficult to accept their passing. That’s why all 50 states have wrongful death laws that allow family members to hold accountable the parties responsible for their wrongful actions.
At Baker Legal Team, attorney Rober B. Baker understands this is an incredibly emotional time for you. At our firm, we aim to take the weight of a wrongful death lawsuit off your shoulders by pursuing the challenging aspects of these cases. We take over the responsibility of filing the claim, investigating the cause of death, and identifying the liable parties so you can grieve and process the loss of your loved one.
If you’ve lost a loved one because of another party’s negligence, contact Baker Legal Team. We offer free consultations for all wrongful death cases in Boca Raton. Call (561) 320-0000.
What is Considered Wrongful Death in Florida?
A wrongful death case is a type of personal injury lawsuit that occurs when a person is killed because of the negligence, recklessness, or intentional actions of another person or entity. There are wrongful death cases in which it’s easy to identify responsible parties. For example, if a drunk driver struck and killed your loved one, you can sue the driver for negligence. In other situations, such as cases of medical malpractice, several parties -- like the doctors, nurses, pharmacists, and hospital staff -- may be liable for a death.
Wrongful death claims are civil claims that occur separately from any criminal case that may be related to the accident, which resulted in your loved one’s death. To prove liability for wrongful death, your lawyer will need to establish the following elements:
- The responsible party owed the deceased a duty of care
- The responsible party breached the duty of care by acting negligently
- The responsible party’s negligence caused the death of your loved one
Depending on the facts of your wrongful death case, one or several parties may be at fault for your loved one’s death. It’s crucial to work with a knowledgeable and compassionate wrongful death lawyer to identify every party who contributed to your loved one’s untimely passing.
Can I File a Wrongful Death Claim in Boca Raton?
That depends. In Florida, only the personal representative of the deceased’s estate may file a wrongful death claim. If the deceased person had a will or estate plan, these documents might name their personal representative. Otherwise, the court must select a representative, who may then file the claim. Personal representatives have just two years from the date of the death to file a claim in Florida, so it’s important to act quickly.
Who Can Recover Damages for a Wrongful Death?
Family members of the deceased may be able to recover compensation while the personal representative files a claim. If the representative is not related to the deceased, he or she may not recover for losses. Only the following family members may recover compensation:
- The spouse, children, and parents of the deceased
- Other blood relatives or adopted siblings who were financially dependent on the deceased
- Children of unmarried parents may recover compensation for the wrongful death of their mother
- Children may only recover damages upon a father’s death if the father recognized the children as their own and was responsible for supporting them
If you’re a relative of the deceased but were not financially dependent on them, you may still be eligible to receive damages if the deceased cared for you, and you must now hire someone to take over those responsibilities.
What Damages Can I Recover in a Wrongful Death Case?
Every wrongful death case has unique factors that determine the value of the case. Generally, you can recover the following:
- Funeral costs
- Medical bills to treat the injuries that led to the deceased’s death
- The deceased’s pain and suffering prior to the death
- Lost wages based on the earnings the deceased would have received had he or she survived
- Loss of consortium to cover emotional damages of surviving family members
- Punitive damages are possible to punish the defendant for the behavior that triggered the death
Expenses like funeral costs and medical bills can be relatively simple to calculate, however, knowing the potential income of your deceased family member can be more complicated. Your family member could have been due for a raise or bonus, and it may be uncertain how many years of employment he or she would have had left. It’s crucial to estimate fair values for your losses, which is something Robert B. Baker can help you with at this difficult time.
Questions? Ask a Wrongful Death Attorney at Baker Legal Team
It’s possible to represent your own wrongful death claim, but it can be extremely challenging to handle complex legal matters while you grieve your loved one. Wrongful death cases involve many elements, from identifying all liable parties to presenting proof in court that they directly contributed to your loved one’s death. There is no substitute for experience when you need to protect your rights and honor your loved one in court.
Regardless of who the liable party is, you can be certain they will not face your claim in court unrepresented. You deserve to level the playing field.
For several years, attorney Rober Baker has collected millions of dollars worth of compensation for his clients and is a board-certified civil trial lawyer in the State of Florida. Choose Baker Legal Team for quality wrongful death representation in Boca Raton. Call (561) 320-0000 or complete our contact form.