West Palm Beach Wrongful Death Attorney

When is a Wrongful Death Lawsuit Permitted?

Wrongful death actions are can be brought in situations where an individual or entity caused the preventable death of another, often through negligence or their wrongful and intentional acts. In many ways, wrongful death lawsuits can be pursued in situations where a victim would have been entitled to pursue a personal injury lawsuit against an at-fault party had they lived, such as in cases involving auto accidents caused by a negligent driver, defective products, nursing home negligence, medical malpractice, and more.

What Do You Need to Prove to Win a Wrongful Death Lawsuit?

As with any civil lawsuit, there are certain elements that must be established in order for plaintiffs to prevail in a wrongful death suit. These include:

• Proving a legal duty existed between the defendant and the victim (i.e. the “duty of care” that requires a medical professional to treat patients in accordance to acceptable medical standards, or which require motorists to safely operate their vehicles).
• Proving the legal duty was breached, which means showing that the defendant failed to meet their duty of care. This breach of duty typically arises from negligence, such as when a motorist causes a fatal accident as a result of speeding or other unsafe driving behaviors, or when a doctor makes an error that any reasonably skillful physician under the same or similar circumstances would have been able to avoid. It may also arise from intentional or wrongful acts, such as an intentional assault or abuse.
• Proving causation, or that the defendant’s failure to meet their duty of care more likely than not resulted in the underlying accident or incident and ultimately the victim’s death.
• Proving damages suffered by victims, which in the case of wrongful death lawsuits can include not only the damages suffered by the decedent themselves (such as the pain and suffering or medical expenses they incurred prior to death) but also the economic and non-economic damages suffered by their family, including the costs of funeral or burial services, lost financial support, lost emotional support and companionship, and more.

Our legal team at Clark, Fountain, La Vista, Prather & Littky-Rubin is committed to protecting the rights of families during some of the most difficult experiences in their lives, and to guiding them step-by-step through the Florida wrongful death process.

What Type of Compensation Is Available?

Determining the value of a wrongful death claim can be extremely difficult, and we understand that it is impossible to put a price on the life of a loved one. With that said, surviving family members should not be left paying the price for another person's carelessness or wrongdoing, and negligent parties ought to be held responsible.

Surviving family members may receive compensation for:

• The financial support and services the deceased offered the family member.
• The loss of companionship, guidance, and protection provided by the deceased.
• The mental and emotional suffering due to the loss of a child.
• Any medical or funeral expenses the surviving family member has paid.
• Lost wages, benefits, and other earnings the deceased could reasonably have earned.
• Lost prospective net accumulations the deceased could reasonably have accrued.

At Clark Fountain, our legal team is well-equipped to handle all types of wrongful death claims, understands what it takes to prove liability, and is willing to fight for maximum compensation.

How Long Do You Have to File a Wrongful Death Claim?

Wrongful death lawsuits are subject to a statute of limitations, which is essentially a time limit beyond which no legal action can be filed. For most cases, the statute of limitations for a wrongful death lawsuit is 2 years from the date a decedent passed away. However, there are some situations where that statute of limitations may be shorter or longer. For example, families may have more time to file suit if they later discover that their loved one’s death was caused by negligence, such as a medical misdiagnosis. They may also have less time if cases involve government entities, such as a city, which owned a public bus that caused a fatal bus accident.

Will the Criminal Case Be Handled Separately from the Civil Case?

There are many situations in which conduct that provides the grounds for a wrongful death lawsuit may also result in criminal charges against the at-fault individual. This is true of cases involving fatal DUI accidents (where a driver can be charged with felony DUI) and other situations where wrongful conduct violated a criminal law. When there are criminal cases against a defendant, they are handled separately in the criminal justice system, focus only on criminal guilt and penalties, and use a higher burden of proof (beyond a reasonable doubt).

Wrongful death lawsuits, on the other hand, involve claims made in the civil justice system, focus only on civil liability for death, and use a lower burden of proof (a preponderance of the evidence, or “more likely than not”). Because these are separate matters, the outcome of any proceeding will not necessarily affect the other. For example, a defendant can still be held liable in a civil wrongful death lawsuit even if they are found not guilty of committing a crime, or not charged with a crime at all.

Real Expertise. Real Results. Real Dedication.

Years of expertise have helped Clark Fountain accumulate a history of successes in wrongful death claims. Several cases Clark Fountain has won include the following:

• $11 million verdict for the family of a young man who died after his seatbelt in a Mitsubishi Montero failed during a rollover crash.
• $6.25 million settlement for a semi-tractor trailer accident that took the life of a young mother of four—all of whom were in the vehicle with her when the fatal accident occurred.
• $3.755 Million Settlement in the case of a mother of two children who was struck and killed by a dump truck.

With over 200+ years of combined experience, our lawyers are prepared to take on your wrongful death claims and pursue the compensation and justice you are owed.

Let Clark Fountain Help—We Fight for You.

Our West Palm Beach wrongful death lawyers at Clark Fountain genuinely care for clients. In fact, we handle all our wrongful death cases on a contingency basis, which means you pay nothing until we recover for you. Call us today at (561) 922-0258 for compassionate care and skilled representation.

Recommended Reading

• Your Guide to Florida's Wrongful Death Act
• Is There a Statute of Limitations for Wrongful Death Lawsuits?
• Firm Recovers $17.3 Million in Wrongful Death, Product Defect Case on $1 Million Policy
• Is There a Loophole in Florida's Wrongful Death Act?
• E-Cigarettes, Lung Injuries and Wrongful Death: What Are Your Rights?