Boca Raton Wrongful Death Lawyer

Losing a loved one because of someone else’s negligence is one of the most devastating experiences a family can endure. In addition to overwhelming grief, surviving family members are often left facing unexpected medical expenses, funeral costs, lost financial support, and countless unanswered questions about what happened and who should be held responsible. At The Datny Law Firm, Boca Raton Wrongful Death Lawyer David B. Datny represents families throughout Boca Raton, Palm Beach County, and across Florida who have lost loved ones due to fatal car accidents, truck accidents, motorcycle crashes, pedestrian accidents, medical malpractice, nursing home negligence, unsafe premises, and other preventable tragedies.

Under Florida law, surviving family members may have the right to pursue a wrongful death claim against the person, company, healthcare provider, or other entity responsible for their loved one’s death. While no lawsuit can ever replace a husband, wife, parent, child, or family member, a successful wrongful death claim can provide financial security, accountability, and justice for those left behind. Attorney David B. Datny understands the profound impact these cases have on families and is committed to aggressively pursuing the maximum compensation available under Florida’s Wrongful Death Act.

The Datny Law Firm conducts thorough investigations, preserves critical evidence, works with accident reconstruction experts and medical specialists when necessary, and fights insurance companies and corporate defendants that attempt to minimize responsibility. If you have lost a loved one in Boca Raton or anywhere in Florida and believe negligence played a role, call 561-221-7474 today for a free consultation. We are available 24 hours a day, 7 days a week, and there are no attorney’s fees or costs unless we recover compensation on your behalf.

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 our Wrongful Death Lawyer in Boca Raton for a free 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 Boca Raton Wrongful Death Lawyer.

 

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

 
Contact a Boca Raton Wrongful Death Lawyer Today for a Free Consultation

Attorney David B. Datny represents surviving spouses, children, parents, and families throughout Boca Raton, Palm Beach County, and across the State of Florida in wrongful death lawsuits arising from negligence, recklessness, and wrongful conduct. Our firm handles claims involving incidents occurring on local roadways and highways, including Interstate 95, Florida’s Turnpike, Glades Road, Palmetto Park Road, Yamato Road, Federal Highway (US-1), Military Trail, and other heavily traveled South Florida corridors. We also represent families in wrongful death claims involving car accidents, truck accidents, premises liability incidents, negligent security, medical negligence, nursing home abuse and neglect, dangerous property conditions, defective products, workplace accidents, and other fatal incidents caused by the carelessness of individuals, businesses, healthcare providers, and corporations.

From the initial investigation through settlement negotiations and, when necessary, litigation, The Datny Law Firm is committed to conducting a thorough investigation, preserving critical evidence, identifying all responsible parties, and pursuing the maximum compensation available under Florida law for surviving family members. We understand that no legal action can ever replace a loved one or erase the pain associated with such a devastating loss. However, a successful wrongful death claim can provide financial security, accountability, and answers for those left behind.

If you have lost a loved one due to another person’s negligence or wrongful conduct in Boca Raton or anywhere in Florida, contact The Datny Law Firm today for a free consultation. There are no fees or costs unless we recover compensation on your behalf. Call 561-221-7474 to speak directly with Boca Raton wrongful death lawyer David B. Datny and learn more about your legal rights and how we can help!