West Palm Beach Wrongful Death Attorneys
When the life of someone you love is taken from you because of the negligent, reckless or intentional misconduct of a third party, the emotional pain can seem unbearable. Our compassionate and dedicated team at the Law Offices of James S. Cunha recognizes that financial compensation cannot give you back a lost loved one, but we are devoted to assisting family members of those killed by the careless or intentional misconduct of others. When you lose someone you love, we are prepared to handle the insurance and legal issues so that you can cope with your grief and that of your family. If your loved one whose life has been lost is the sole or primary family financial breadwinner, financial pressures may add to the grief and anxiety of losing someone you love.
West Palm Beach wrongful death lawyers at the Law Offices of James S. Cunha are committed to representing those in Florida who have lost a loved one as a result of another’s negligence or tortious conduct. We know that the loss of your loved one is more than a “wrongful death lawsuit”. Every wrongful death victim is a beloved family member, friend and member of our community. Our law firm has the resources to conduct a thorough investigation of the incident by using an investigator and a wide array of experts, such as accident reconstruction specialists, chemists, design engineers, physicists and metallurgic specialists, to collect and analyze evidence or data to determine the precise cause. The process of collecting and analyzing evidence should not be delayed, so it is crucial in these types of cases to retain an experienced attorney immediately after the incident.
Florida Wrongful Death Act
In Florida, the Wrongful Death Act establishes that a claim for wrongful death must be instituted by the decedent’s personal representative, who will then seek to recover all available damages for the benefit of the decedent’s statutory survivors, estate, or both.
Elements of a Wrongful Death Claim in Florida
The right to commence a wrongful death action in Florida consists of the following basic elements:
- a tortious act is committed;
- the tort or negligent conduct causes another individual’s death;
- the decedent would have been entitled to personally pursue a cause of action to recover damages had he or she not died; and
- damages for the wrongful death are recoverable by the personal representative appointed to the decedent’s estate on behalf of the decedent’s statutory survivors, the estate, or both.
Statute of Limitations
A claim for wrongful death must be filed within two years after the date of the decedent’s death.
However, where the statute of limitations for the decedent’s underlying personal injury claim has run out prior to the decedent’s death, then a wrongful death action arising from the same tortious incident will also have lapsed.
Recoverable Damages in a Wrongful Death Case
According to section 768.21, Florida Statutes, a decedent’s survivors may recover one or more of the following damages:
- loss of past and future support and services, such as loss of financial support and the unavailability of household assistance with chores or maintenance;
- loss of one’s marital relationship or deprivation of parental guidance to a child;
- mental pain and suffering from the date of the injury; and
- medical or funeral expenses paid by the survivor.
The decedent’s personal representative may recover medical expenses, funeral expenses, lost net accumulations, and loss of decedent’s earnings on behalf of the estate.
It is crucial that you speak to one of our West Palm Beach Wrongful Death attorneys to discuss which damages you and your family may be entitled to receive for the loss of a loved one. The damages that a survivor can claim will depend on how he or she is related to the decedent.
At the West Palm Beach Law Offices of James S. Cunha, our lawyers and staff have experience and success in effectively handling wrongful death lawsuits. Our Florida wrongful death legal team has the competence to successfully navigate the complex legal and procedural issues associated with a wrongful death claim. Strict statutes of limitations govern the timing of filing a wrongful death lawsuit so it is important to seek legal advice promptly. Once you are represented by an experienced West Palm Beach wrongful death lawyer, you can focus on your emotional recovery while we handle the legal and insurance claim process.
Common Causes of Wrongful Death in West Palm Beach and Elsewhere in Florida
There are many types of incidents that may result in wrongful death in Florida. Because of our experience in handling all types of personal injury accident claims, we are qualified to provide diligent representation in all types of wrongful death lawsuits including:
- Motor vehicle collisions
- Industrial accidents
- Deaths resulting from violent criminal offenses
- Explosions and Fires
- Construction accidents including falls from scaffoldings and ladders
- Pedestrians and bicyclists hit by cars
- Nursing home abuse and neglect
- Motorcycle collisions especially where a rider is not wearing a helmet
- Negligence by a medical professional
- Fatal SUV rollover accidents
- Deaths caused by defective pharmaceuticals
- Trucking accidents
- Collisions caused by drivers impaired by alcohol or drugs
- Crashes caused by distracted or reckless drivers
Zealous Representation by Compassionate Advocates
Our firm understands that following the death of a beloved family member, financial, legal and insurance complications are not typically a family’s first concern. Wrongful death lawyer James S. Cunha and his legal team will handle these administrative and legal issues so that you can focus on healing and caring for your family. We can advise you of your rights and seek financial compensation that may ease the financial pressure accompanying your tragic loss.
Our South Florida wrongful death law firm combines experience, compassion, tenacity and personal attention to our clients who have suffered the wrongful death of a loved one. We are loyal and passionate about our clients’ cases and consistently seek the best possible outcome to their wrongful death claim. We bring a substantial level of skill, knowledge and dedication along with the ability to think outside of the box so that we can be the most effective advocates for our Palm Beach wrongful death clients.
No matter where you are located, an experienced West Palm Beach wrongful death attorney at the Law Offices of James S. Cunha is just a phone call away. Our firm is available 24/7. Even if you just have questions about wrongful death legal issues and are unsure how to proceed, we can provide initial answers to help you determine the best possible approach. Call us today at 561-429-3924 or toll free at 1-800-558-1227. We offer a no obligation, free consultation so you have nothing to lose and everything to gain.
No Recovery, No Fee!
The Law Offices of James S. Cunha, P.A. assist clients with Family Law Matters, Divorce, Personal Injury Commercial Litigation matters, Business Law, Family Law, Wrongful Death, Estate Planning, Probate & Estate Administration, Tax Law, Insurance Regulation & Defense and Criminal Defense in West Palm Beach, Lake Worth, Palm Beach Gardens, Boynton Beach, Jupiter, Delray Beach, Boca Raton in Palm Beach County. We also offer legal representation to clients who reside in Martin, St. Lucie, Okeechobee, Hendry, Broward, and Miami-Dade.