Delray Beach Wrongful Death Lawyer
Nobody should have to experience the horrific loss of losing a loved one in an accident. However, another party’s negligence or reckless behavior can lead to fatal injuries. When a deadly accident does happen, it may be possible for the survivors to seek financial compensation through a wrongful death claim. One of our experienced and compassionate Delray Beach wrongful death lawyers can speak with you today about your options.
What is a Delray Beach Wrongful Death Claim?
The Florida Wrongful Death Act governs most issues pertaining to wrongful death claims in Delray Beach. Wrongful death is an area of the law that is closely related to personal injury law. How does wrongful death law work? When a person suffers a serious injury and another party is at fault, personal injury law recognizes that the injured person has a right to file a civil lawsuit in order to seek compensation from the at-fault party. When a person dies from his or her injuries, that person no longer is able to file a personal injury claim for himself or herself. Here is where wrongful death law comes in.
Recognizing the need for an injured party to seek compensation and justice after a deadly accident, wrongful death law permits a “personal representative” of the deceased to stand in the shoes of the deceased to file a claim.
Comparative Fault in a Delray Beach Wrongful Death Claim
What will happen if the deceased was partially at fault for the injuries that resulted in his or her death? Florida’s comparative fault law is generous to plaintiffs, and allows a plaintiff to obtain compensation regardless of his or her percentage of fault, as long as the defendant also bears some of the responsibility. However, the total damages award will be reduced by the percentage of the deceased’s own negligence.
Time Limit on a Wrongful Death Lawsuit in Delray Beach, Florida
Under Florida’s wrongful death law, a wrongful death lawsuit must be filed within two years from the date of the deceased’s death. It is important to note that the clock starts ticking in a wrongful death claim on the date of death—not the date of injury. In some situations, these two dates might be one and the same. However, in many wrongful death cases, the deceased will suffer serious injuries that ultimately prove to be fatal. A personal representative of the deceased will need to file a lawsuit within two years from the date of death.
We know how difficult and devastating it can be to lose a loved one unexpectedly in an accident caused by someone else’s negligence. While it might seem impossible to think about anything beyond your grief in the days and weeks after a loved one’s death, it is important to think about holding the at-fault party accountable. Our experienced Delray Beach wrongful death lawyers can begin working with you on a wrongful death claim today. We can help you to seek compensation for your loved one’s hospital bills, funeral expenses, lost wages, and emotional harm. Contact Smith, Ball & Báez Injury Lawyers for more information about how we can assist you with your claim.
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