
Losing a loved one can be a devastating and traumatic event. But you deserve justice when the loss comes unexpectedly because of another person’s wrongdoing. At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., a West Palm Beach wrongful death attorney knows nothing could make up for your loss. However, we believe that taking legal action against the person or entity responsible for your untimely loss could provide the closure you might not otherwise achieve.
While taking legal action may be the last thing on your mind at this understandably challenging time, the unexpected loss of a loved one often brings with it many unanticipated financial costs. We believe that these costs you should not have to cover if someone else’s wrongdoing was responsible for your loved one’s passing. As such, we are committed to fighting on your behalf to help you recover compensation for the financial burdens you’ve had to take on, including medical and funeral expenses, allowing you to focus on spending time with your family and working through this difficult time.
Our compassionate West Palm Beach wrongful death lawyers understand what you are going through. We are here to listen to you and help you grieve your loved one. We’re also committed to making sure that those responsible for the death of your loved one pay the price for what they’ve done. Proving negligence is crucial in demonstrating the defendant’s liability, and a wrongful act can be the basis for wrongful death claims. While we cannot undo your devastating loss, we can get you a measure of justice and much-needed financial relief. This can alleviate the burdens of paying funeral costs and supporting your family. At-fault parties and their insurance companies often prioritize their own interests over those of the victims, making it essential to seek legal help.
Contact us by starting a live chat on our site, filling out a contact form, or calling us at (561) 689-8180 today.
Do I Need a Wrongful Death Attorney in West Palm Beach?
Filing wrongful death claims can be highly complicated and are understandably emotionally charged. This is because every claim contains a variety of damages, and only certain people can file and recover compensation and claim justice on behalf of the deceased. Wrongful death claims are best prepared and presented by a lawyer intimately knowledgeable about this area of the law. Wrongful death lawsuits in Florida must be filed within two years from the date of the victim’s death. Handing the burden of a wrongful death claim to an attorney is the best way to recover from your losses.
Tackling these cases alone is challenging. Keeping track of what happened and what your losses are can be overwhelming. Having an wrongful death lawyer in West Palm Beach will enable you to focus on the grieving process and provide a set of fresh, experienced eyes to analyze your situation. An attorney can also help safeguard the financial future of your family by ensuring you receive the compensation you deserve. As such, you will not have to worry about overlooking details or being concerned about whether a particular injury is recoverable.
It is important to note that attorneys’ fees are a possible award in wrongful death cases. If you are worried about retainer fees or think hiring an attorney is cost-prohibitive, know that we can always ask for attorneys’ fees to offset the cost of our work for you. Though not guaranteed, judges almost always award attorney fees during wrongful death suits. In the case of a fatal accident, seeking compensation is crucial for the families affected by such tragedies.
Why You Need Schuler, Weisser, Zoeller, Overbeck & Baxter P.A.
The legal team at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. is committed to winning you the most compensation possible. We have recovered millions of dollars for our clients, including wrongful death cases. We have the knowledge and experience required to win your case as a personal injury law firm handling wrongful death cases.
A West Palm Beach wrongful death attorney from Schuler, Weisser, Zoeller, Overbeck & Baxter P.A. is ready to analyze your case, determine your eligibility for certain damages, and identify the best legal strategy. Our attorneys can help you be objective and present the most robust case possible, including seeking compensation for burial costs as part of the financial burdens.
Contacting our experienced legal team will help you get on the road to recovery from the damages you suffered. Let our skilled legal professionals take over your case and assist you in recovering what is legally yours in your wrongful death cause of action. You and your family don’t need to struggle through this trying time alone.
What is a Wrongful Death Claim?
A wrongful death claim is a civil action. This means that you cannot sue someone in criminal court for wrongful death, and jail time is not something you can request as a form of recovery for your loved one’s death. Instead, the survivors of a deceased party will file a wrongful death claim when they feel their loved one passed away due to another’s negligent or intentionally reckless actions. The personal representative of the deceased’s estate is responsible for filing the claim and detailing the relationships of survivors to the deceased, which is vital for laying the legal groundwork for the case.
As a result, it is usually the case that a family member or some other personal representative will file a suit for this cause of action. Friends can rarely (if at all) file suit in these matters. Additionally, those filing a wrongful death claim often seek financial compensation for numerous losses from a loved one’s unexpected passing. Insurance companies may act against the interests of victims, prioritizing their profits over fair compensation, making the role of experienced personal injury lawyers important.
Read more: Who Is Eligible To Pursue A Claim For Wrongful Death?
Wrongful Death Costs
In addition to the incomparable grief of losing a loved one, you might face significant financial burdens. At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., we know how difficult this time is for you, which is why we are ready to step in and help you pursue compensation for:
- Medical treatment costs incurred before your loved one’s passing
- Funeral expenses
- Loss of income the deceased would have earned
- Loss of companionship
- Costs covered by the insurance company
Minor children are also eligible for specific damages under Florida law, which can help address their unique needs and future financial security. While receiving compensation for these and other losses cannot replace the person you lost, alleviating the financial burdens that often accompany a sudden loss can go a long way toward relieving some of the stress and difficulties you are undoubtedly experiencing at this time. It is important to understand the difference between a wrongful death lawsuit and other legal actions, as wrongful death claims have specific legal requirements and timelines.
Additionally, the victim’s family can seek various types of compensation, including loss of support and services, loss of companionship, and mental pain and suffering. Medical malpractice can also be a potential cause of wrongful death, adding another layer of complexity to these cases.
Damages Classification—Deceased vs. Survivors’ Damages
In a wrongful death case, damages are classified into two categories: damages for the deceased and damages for the survivors. State law dictates the types of damages available in these cases:
- Deceased Damages: These are damages incurred by the deceased before their death. These include hospital bills, pain and suffering, lost wages, and more.
- Survivor Damages: These are the damages incurred by the deceased’s surviving family members (you) after their passing. These damages usually include lost wages for the deceased until their projected retirement, loss of consortium, pain and suffering, punitive damages (if applicable), loss of inheritance, and medical and funeral expenses.
Florida statutes outline the rights of survivors to claim these damages, providing a legal framework for wrongful death lawsuits.
You might be eligible for different damages depending on the details of your case. A wrongful death lawyer in West Palm Beach will be able to work with you to determine what compensation you might be due.
Types of Damages
A wrongful death claim is not unlike other personal injury claims when it comes to the types of damages available. There are three main types of damages that each claim can include:
- Economic Damages: Economic damages are financial losses you incur from an accident. This can include medical bills acquired by the deceased for hospitalization and lost wages of the deceased (actual and speculated future wages until retirement age).
- Non-Economic Damages: Non-economic damages relate to the loss of companionship, pain, and suffering. These damages are intangible, lacking a “paper trail” to prove their existence, though they are authentic. The more intimate and close the relationship, the more likely these damages will be available.
- Punitive Damages: These damage awards only exist if the deceased died due to someone else’s extremely reckless behavior. These damages are punitive because they punish the party who committed the reckless actions leading to someone’s death. They are also “punitive” because the award aims to be a deterrent to other parties in similar situations. If a wrongful death was caused by gross negligence, additional penalties may be imposed to further punish the offending party.
Both economic and non-economic damages are available in almost every wrongful death case, while punitive damages are rarer. An experienced wrongful death attorney in West Palm Beach identifies eligible damages and helps maximize your compensation. Our firm is committed to helping families seek justice for their loved ones by actively pursuing legal action to hold the offending party accountable.
Navigating the legal process can be overwhelming, especially for grieving families. Our attorneys provide compassionate support and guidance to help you through this difficult time.
Parties Who Can File a Claim and Recover
Not just anyone can file and recover from a wrongful death claim of a loved one. Usually, only the surviving spouse, parents of the deceased, and the children of the deceased can claim wrongful death and receive recovery award(s). Personal injury cases can be complex, and having experienced legal representation is integral to handle these challenges. More often than not, these parties can successfully claim economic and non-economic damages, given the nature of their relationship with the deceased.
They have the right to seek compensation for various losses, including medical expenses and loss of emotional support. In rare situations where warranted, these parties could recover punitive damages. The legal implications of a person’s death in wrongful death claims also involve distinguishing between civil and criminal proceedings.
Talk to a West Palm Beach Wrongful Death Lawyer to Learn More
Losing a loved one is never easy, and at Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., our wrongful death lawyers in West Palm Beach want to help provide you with the dedicated support you need at this challenging time. Though nothing can bring the person you lost back, filing a wrongful death claim can help get you the closure and justice you deserve. The wrongful death case worth can vary significantly based on factors like the defendant’s financial status and insurance coverage.
Learn more about what our team can do to help you by calling us today at or by filling out our online form. Our firm has extensive experience handling wrongful death cases in Palm Beach County, ensuring that we navigate the legal complexities specific to Florida law with expertise and compassion.
If the victim survived their injuries for a time before passing away, it is important to understand the distinction between wrongful death lawsuits and survival actions. A survival action seeks compensation for the damages that the victim could have pursued if they had lived, clarifying the legal implications for the decedent’s estate.
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