South Florida Attorney David B. Datny
Losing a family member is an extremely emotional and traumatic experience especially when it is caused prematurely by the negligence, recklessness and/or carelessness of an individual or business. Wrongful death accidents can happen quickly and in ways that cannot even be anticipated. They may occur in the form of a seemingly modest car accident or when a piece of medical equipment is unknowingly left inside a patient’s chest cavity or other body part during surgery. While these unfortunate events may be considered mere accidents by defense attorneys or insurance companies, most times they are avoidable, if the appropriate level of care and caution had been used by the at fault party. Boca Raton Wrongful Death Lawyer David B. Datny and The Datny Law Firm work closely with the families of wrongful death victims to ensure that any party that is at fault is held legally responsible for the untimely and tragic loss of a victim’s life, including the devastating financial burdens that a wrongful death accident imposes on the those left behind.
Dealing with personal injury claims can be complicated and confusing for victims and victims’ family members, especially when they are unfamiliar with the legal process; however, the process can be even more difficult and challenging when it involves wrongful death claims. The best way to ensure your rights are protected, and that wrongful death victim gets the justice he or she deserves, is to contact Wrongful Death Attorney David B. Datny for a free consultation. Mr. Datny knows that the success of any lawsuit cannot negate the emotional and lifechanging event of losing a loved one. However, hiring a diligent accidental death attorney in Boca Raton who actually cares about clients, such as Wrongful Death Lawyer David B. Datny, can help victims’ families navigate through this daunting experience and ensure that justice is obtained for those whose lives were lost far too soon. Being able to reach your Boca Raton accidental death attorney easily and to discuss any concerns or questions you may have is key to easing what can be a truly difficult process. For this reason, Mr. Datny is available any time to meet Clients at his Boca Raton, Florida office or via telephone at 561-221-7474. If you are not located in Boca Raton or within the State of Florida, Mr. Datny is also available to meet with you via Skype or video conferencing.
What Does Wrongful Death Mean?
By definition, a “wrongful death” is one that has been caused by a negligent act of an individual or business entity. Negligence occurs when an individual or business entity fails to take reasonable care in situations in which such care is due, leading to a victim’s “wrongful death.”
The situations leading to a wrongful death are numerable and can occur in almost any type of accident, including, but not limited to, the following:
- Car Accidents, Truck Accidents, Bicycle Accidents and Pedestrian Accidents
- Premises Accidents
- Construction Accidents
- Workplace Accidents
- Medical Malpractice
- Defective Products (Manufacture or Design)
When you file a wrongful death suit, you are indicating that you wish to seek justice for the loss of life of a family member, as well as financial compensation to offset the monetary loss experienced due to that family member’s unfortunate death.
While there is such a thing as negligent homicide under the criminal code, a wrongful death is considered different under the law, and is generally a civil matter caused by a terrible accident due to carelessness or neglect that falls short of being criminal. Unlike murder and homicides, wrongful death suits are tried before civil courts with the goal of establishing compensation to grieving family members for both economic and non-economic losses.
When Must a Wrongful Death Claim be Filed?
The Statute of Limitations for a wrongful death claim in Florida is two years from the date of death. See, Florida Statutes Section 95.11(4)(d). This means a claim for wrongful death must be filed within two years from the date of death or be forever lost. However, in rare instances, the time to file such a claim can be postponed or extended by the Court. It is important to note that Florida Courts have taken a very strict interpretation of Statutes of Limitations and are generally unforgiving if they are blown. As such, if you have lost a loved one due to the negligent, reckless or careless conduct of another individual or business entity, please contact Wrongful Death Attorney David B. Datny at The Datny Law Firm for a free wrongful death consultation. He will be able to assist you in determining exactly when your case needs to be filed including when the time to do so under the Statute of Limitations expires.
Who may File a Wrongful Death Claim?
Pursuant to Florida’s Wrongful Death Act Section 768.20, only the Personal Representative for the decedent’s estate can file a wrongful death suit. The Personal Representative can be the individual named as executor in the decedent’s will, or, if there is no will, a person appointed by the Probate Court that meets the statutory criteria for personal representative. The wrongful death suit is filed by the Personal Representative on behalf of the decedent’s estate and survivors. The decedent’s surviving family members are the beneficiaries of the suit. However, only certain surviving family members may recover damages in a wrongful death suit including the following: 1) Spouse; 2) Children; 3) Parents; 4) Dependent Blood Relatives; and 5) Children Born Outside of Wedlock of the Mother or Father (if it can be established the Father had Assumed Responsibility for Support of the Child). As you can see, identifying which surviving family members are eligible to participate in the wrongful death suit is complicated and requires careful application of the statute. That is why it is strongly recommended you seek guidance from an experienced Wrongful Death Attorney like David B. Datny.
What Damages are Recoverable in a Wrongful Death Claim?
The types of damages that may be awarded in a Wrongful Death case is set forth in Florida Statutes Section 768.21. In substance, damages are divided into two parts. The first is what the estate can recover and the second is what the survivors can recover.
The estate can recover:
- Funeral Expenses
- Medical Expenses
- Lost Future Earnings
- Lost Prospective Net Accumulations of the Estate, which is based on economic evidence and determined by a jury as to how much the decedent would have accumulated in their estate if they lived, such as investments, employment earnings, etc.
Survivors can receive compensation for:
- Pain and Suffering
- Lost Services
- Lost Support
- Medical Expenses Paid by Survivor
- Funeral Expenses Paid by Survivor
- Loss of Companionship, Guidance, Protection and Instruction
Let The Datny Law Firm Help You
Because of the complexities associated with Florida’s Wrongful Death Act specifically, and the judicial system generally, it is extremely important to consult with an experienced Florida Wrongful Death Lawyer like David B. Datny. After a catastrophic loss involving death of a loved one, it can be a daunting task to deal with the nuances of a wrongful death claim. Often times, without assistance, the claim can be prejudiced or lost by not knowing how to navigate the legal system or by missing certain key timelines as set forth above. The Datny Law Firm will ensure your wrongful death claim is properly prosecuted so you may focus on the healing process. Mr. Datny is available to meet with the families of wrongful death victims any time for a free consultation at his Boca Raton, Florida office. Although you may feel alone and hopeless after the accident, please know you are not alone. Mr. Datny is here to guide you through the process and make your path to justice as seamless as possible. Call us for a Free Consultation any time at 561-221-7474. If you are not located in Boca Raton or within the State of Florida, Mr. Datny is also available to talk with you via Skype or video conferencing.