Achieving Justice for a Wrongful Death

Following the wrongful death of a loved one, the world as you know it will change. We are here to help. Our compassionate, experienced Boca Raton wrongful death lawyers can assist you in your journey to justice. Our Boca wrongful death law firm prides itself on face-to-face attorney/client meetings, more than 40+ years litigating wrongful death claims, returned phone calls and a stellar track record of client satisfaction. Call us now for your no obligation, free case consultation, at 561-717-0817 to see why we are different.

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Senior Justice Law Firm: Your Boca Raton Wrongful Death Law Firm

Serious cases require serious lawyers. We do not handle minor personal injury cases and you will not find us on a billboard. Our skilled wrongful death lawyers selectively screen which cases we handle, allowing us to dedicate more time and attention to catastrophic injury and wrongful death claims. With over $100 million recovered for our wrongfully injured clients, let our years of success litigating wrongful death lawsuits maximize your recovery.

What to Expect When Bringing Your Boca Raton Wrongful Death Lawsuit

Potential clients often call and want to learn more about the process of bringing a wrongful death claim. Here is what to expect working with Senior Justice Law Firm in a Boca Raton wrongful death case.

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We understand that your life has been thrown off track by your loss. Our wrongful death lawyers will meet with you at your convenience in your home or at our Boca Raton office. You will meet with a real lawyer (not a ‘case manager’ or paralegal). Our lawyers will listen, offer legal advice, explain the wrongful death process in Florida cases and offer emotional support. All Boca wrongful death law firms offer free consultations, so we recommend that you meet with multiple lawyers and then choose one with whom you feel most comfortable.

No Fee Unless We Win

Our Boca Raton wrongful death lawyers operate on contingency fee only. This means if you do not make a recovery, you do not owe us anything whatsoever. There are no up-front costs or charges to you, ever.

Wrongful Death Investigation

Once you sign the contract, we begin working on your case immediately. This starts the pre-suit investigation process. During this period, we will obtain your loved one’s medical records, interview potential witnesses and hire experts to assess the cause(s) of your family member’s wrongful death.

Notice Sent to All Negligent Parties

Once our pre-suit investigation is complete, we put all potentially negligent parties on notice of the claim. This notice letter will depend on the type of wrongful death case we are handling, and the controlling statute. For example:

  • Car accident and general personal injury wrongful death notice letters are sent pursuant to F.S. §627.4137
  • Nursing home wrongful death notice letters are sent pursuant to F.S. §400.0233
  • Medical malpractice wrongful death notice letters are sent pursuant to §766.106

Demand for Settlement

After the evidence has been collected, we will make a demand for settlement to the insurance company. If the defendant’s insurer offers a reasonable figure that you approve of, the case will settle. If not, we will file the wrongful death lawsuit in the Palm Beach County Circuit Court and begin litigating the case.

Depositions in a Boca Wrongful Death Claim

A deposition is the questioning of a live witness about the facts of the particular case. You will likely be deposed by the defense attorney (don’t worry, we will be seated next to you the entire time). Our Boca Raton wrongful death lawyers will depose the at fault parties who have knowledge of your loved one’s wrongful death.

Your Deposition

You will be asked questions about your loved one, your relationship with your loved one, your loved one’s health conditions and the cause of your loved one’s wrongful death. Although you may feel nervous about giving a deposition, it will be easier than you think. We work extensively with our clients to prepare them for their deposition beforehand. You will only answer questions on which you have personal knowledge. “I don’t know” is a perfectly good answer for many questions. Additionally, depos do not take place in court. They usually are taken in a more informal setting, like our Boca Raton law office or a court reporter’s office.

Negligent Parties’ Depositions

As your Boca Raton wrongful death lawyers, we will depose the Defendants as to the facts surrounding your family member’s passing. For example, if your case involves nursing home negligence, we would depose the at-fault nurses at the facility as to why your loved one was ignored. If your case involves a Boca Raton car accident, we will take the deposition of the negligent driver who killed your family member.

Mediation

If your case does not settle along the way, the Judge will compel the parties to sit down at a formal mediation. This is an informal settlement conference where both sides come together and try to work out an agreeable dollar amount to resolve the case. Mediation is not the only time your case can settle. Claims can resolve at all points along this timeline.

Wrongful Death Trial

If the insurance company never offers a fair settlement figure, our Boca Raton wrongful death lawyers will gladly take your case to court and try the matter before a jury. This can take 3 days or 3 weeks, depending on the complexity of the case. Even if you do not want to go to trial and only want to settle your wrongful death case, it is important you select a law firm with a trial-ready reputation. This will make the insurance company take you, and your lawyers, seriously when the claim is brought.

Available Damages in Florida Wrongful Death Cases

Florida Wrongful Death Damages are for Surviving Family Members

Wrongful death claims in Florida are statutory. This means Florida’s Wrongful Death Statute (§ 768.16) controls what kinds of damages you can recover in your wrongful death claim. In every type of wrongful death claim, the Estate of the deceased can claim economic damages, like medical bills, lost wages, missed income, net accumulations and property damage. The survivors of the deceased are also entitled to damages. The available damages to survivors in a Florida wrongful death suit vary based on the type of case, as follows:

Automobile Accident & Personal Injury Wrongful Death Damages

In a wrongful death caused by a car crash, slip and fall, or negligent security, survivors of the deceased may recover damages.

  • Who is a ‘survivor’ in a car accident or personal injury wrongful death?
    • The spouse, children and/or parents are the immediate survivors. If there are no immediate survivors, any blood or adoptive relative (brother, sister, aunt, uncle, nephew, etc.) may claim damages.
  • What damages are available in a standard Florida personal injury claim?
    • Surviving spouse – may recover for the loss of their spouse’s companionship, consortium and protection, loss of the spouse’s income and household support, and may sue for mental pain and suffering.
    • Minor children (children of the deceased under the age of 25) – may recover lost parental companionship, instruction, guidance and direction, as well as mental pain and suffering associated with the loss of their parent.
    • Adult children (children of the deceased over the age of 25) – may recover lost parental companionship, instruction, guidance and direction, as well as mental pain and suffering associated with the loss of their parent, only if there is no surviving spouse.
    • Parents – may recover mental pain and suffering for the wrongful death of their child (if there is no surviving spouse or surviving children).

Nursing Home Wrongful Death Damages in Boca Raton

In a Florida wrongful death claim caused by nursing home negligence, survivors of the deceased can claim damages, regardless of the victim’s age or health condition.

  • Who is a ‘survivor’ in a Florida nursing home wrongful death?
    • The spouse, children and/or parents are the immediate survivors. If there are no immediate survivors, any blood or adoptive relative (brother, sister, aunt, uncle, nephew, etc.) may claim wrongful death survivor damages.
  • What damages are available in a nursing home wrongful death claim?
    • Surviving spouse – may recover for the loss of their spouse’s companionship, consortium and protection, and may sue for mental pain and suffering.
    • Adult children (children of the deceased over the age of 25) – may recover lost parental companionship, instruction, guidance and direction, as well as mental pain and suffering associated with the loss of their parent, only if there is no surviving spouse.

If it is unclear whether the nursing home negligence caused the wrongful death, a claimant may plead a wrongful death claim and a survival claim (a claim for injury that did not cause the death), under Ch. 400.

Medical Malpractice Wrongful Death Damages in Florida

In a wrongful death caused by the negligence of a Florida hospital or doctor, the law is inherently unfair as to who can claim damages.

  • Who is a ‘survivor’ in a Florida medical malpractice wrongful death case?
    • The surviving spouse is the survivor in FL medical malpractice wrongful death lawsuits. If there is no spouse, the only remaining available survivors are children under the age of 25.
  • What damages are available in a Florida medical malpractice wrongful death claim?
    • Surviving spouse – may recover for the loss of their spouse’s companionship, consortium and protection, and may sue for mental pain and suffering.
    • Minor children (children of the deceased under the age of 25) – may recover lost parental companionship, instruction, guidance and direction, as well as mental pain and suffering associated with the loss of their parent.
    • Adult children (children of the deceased over the age of 25) – may not recover under Chapter 766.
Grieving family member
Wrongful death claims are emotionally draining. Don’t go it alone. Call our compassionate lawyers today to discuss your case.

More Questions on Your Boca Wrongful Death Lawsuit?

Call us today for your free consultation (561-717-0817), or fill out the wrongful death case evaluator below. Let our experience help you get through this most trying time.

Boca Raton Wrongful Death Lawsuit