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Hablamos Español / No Recovery No Fee

BOCA RATON WRONGFUL DEATH LAWYERS

The Best Wrongful Death Attorneys in Boca Raton

When a loved one dies because of negligence or misconduct, a wrongful death case gives surviving family members the right to seek compensation. Of course no amount of money could replace a spouse, child, or parent, but financial recovery can help cover medical bills, funeral costs, and even lost income that previously supported the household. Without a case, these costs would fall on the grieving family when they are least prepared to handle them.

If your family needs a Boca Raton wrongful death lawyer, call 561-367-7799 or fill out our contact form for direct case guidance today.

What is a Wrongful Death?

In Florida, wrongful death is defined as any death caused by negligence, wrongful act, or breach of duty of another person or entity. For example:

  • Negligence, such as forgetting to look in the rearview mirror when backing up
  • Recklessness, such as running a red light
  • Intentional violent acts, such as assault or homicide

Another way of thinking about it is if someone would have had the right to bring a personal injury case had they survived, their estate can bring a wrongful death case after their death.

Wrongful death cases are not the same as criminal prosecutions. Where a criminal case focuses on punishment, a wrongful death case seeks financial recovery for the surviving family. Both can happen simultaneously, but they are handled in separate courts.

Recoverable Losses in Florida Wrongful Death Cases and How Evidence is Prepared

Florida law gives surviving families the right to seek compensation for the financial and personal impact of a wrongful death. The categories of recovery often include:
  • Unpaid medical bills tied to the final treatment
  • Funeral and burial expenses
  • Wages, benefits, or other income the person would have provided
  • The value of household services the family relied on
  • The loss of a spouse’s or parent’s companionship and guidance
  • Emotional pain recognized by law for survivors
Our wrongful death lawyers can prove these losses with records and testimony. For example, hospital invoices and funeral bills establish direct costs. Lost earnings and benefits can be shown with pay stubs and tax returns. Expert opinion can be utilized to make projections and show lost earnings and benefits. Relatives, friends, or counselors can make statements to show loss of support and guidance to the family. Attorneys like the team at Lesser Law Firm will be able to gather all of this evidence to help you pursue maximum financial recovery. It’s important to remember that every case looks a bit different. The death of a parent in their 30s can result in decades of lost income and the absence of daily guidance for children, while the death of a retiree may center on the loss of care and stability for a surviving spouse. Preparation for trial influences settlement. Insurance companies weigh the strength of the evidence and the lawyer’s readiness to present it in court. A case built with full documentation and credible experts places more pressure on insurers to resolve the matter fairly at mediation or during negotiations.

Who Can File and Who Benefits From a Florida Wrongful Death Case

In Florida, the personal representative of the estate files the wrongful death case. If the person left a will, the representative is usually named there. If not, the court appoints one, most often a spouse or close relative. The case is brought for the benefit of surviving family members who are legally entitled to recovery. That group can include:
  • A surviving spouse
  • Children
  • Parents of a minor child
  • Relatives who depended on the person for support
How compensation is divided depends on the relationships involved:
  • A spouse may recover for the loss of companionship.
  • Children may recover for the loss of guidance and support.
  • Dependent parents may recover for the loss of care and financial help.
Complications arise in families with multiple eligible survivors. A spouse and children from a prior marriage, for example, may all have claims. In those cases, the personal representative files for everyone, and the court determines how the recovery is shared.

How Insurers Push Back and How Attorneys Counter

Insurance companies use familiar tactics to reduce the value of a wrongful death case. They may:
  • Offer quick settlements that fall far below the true losses
  • Push survivors to give recorded statements that can be used against them
  • Argue that health problems before the death were the real cause
  • Dispute projected earnings by downplaying the person’s career path
Our attorneys respond by controlling the flow of documents and communication, using experts to support medical and financial findings, and preparing survivors for questioning. Careful preparation makes it harder for insurers to cast doubt on the family’s losses. As an example, in a case where a parent with a young child passes away, an insurer might argue that future income was uncertain. An attorney can counter this with employment history, tax records, and expert opinion to illustrate the real value of the lost support and the long-term impact on the children.

What to Expect When You Work With Our Boca Raton Team

Start with a call to the office. You or your personal representative or another family member can explain how the death occurred and share any records on hand, such as medical bills, a death certificate, and employment documents.

From day one, the firm sets a single point of contact and a schedule for updates. The team returns calls when new developments arise and explains next steps so the family knows the status of the case.

Investigation comes first. The team gathers police reports, medical records, and witness statements and reviews them. After documenting liability and damages, the attorney opens negotiations with the insurer. If talks stall, the firm schedules mediation. If settlement does not follow, the attorney files suit and moves the case into court.

A clear plan keeps the family oriented and limits avoidable delays during a period of financial and practical strain.

Attorney Fees and Case Costs

Wrongful death cases in Florida are usually handled on a contingency fee basis. That means the attorney’s fee is a percentage of the recovery, and families do not pay anything upfront.

Case expenses are separate from the attorney’s fee. These can include the cost of hiring experts, filing fees, obtaining medical or employment records, and other litigation expenses. The firm advances these costs during the case and recovers them from the final settlement or verdict.

Local Considerations for Families

Families in Boca Raton file wrongful death cases in the Palm Beach County civil courts. Because the docket is crowded, trial dates often sit many months out. Judges in this circuit usually direct the case to mediation first, which can push insurers to make a serious offer earlier in the process.

Paperwork from local offices can also slow things down if families wait too long to request it. The Palm Beach County Clerk provides certified death certificates, and most cases require several copies for probate, insurance, and the lawsuit. Employers in the area sometimes take weeks to turn around wage and benefits records. Getting those requests in right away helps the attorney document losses without delays later.

FAQs From Families in Wrongful Death Cases

Q: Who can file a wrongful death claim in Florida and how soon?

A: The personal representative of the estate can file the case. Due to Florida’s statute of limitations, wrongful death cases need to be filed within two years from the date of death.

Q: What if the decedent (deceased person) shared fault?

A: Florida follows a comparative fault system which reduces recovery based on a percentage of shared fault, as long as the plaintiff’s share of fault is not more than 50%. The case can still move forward as long as another party’s negligence still contributed to the death. 

Q: How long do cases usually take? 

A: Timelines vary, but many cases resolve in a year. More complicated disputes or cases that go to trial can take longer, sometimes two to three years. The court can sometimes schedule mediation before trial, which can lead to earlier resolution.

Q: Can a case be resolved without trial?

A: Yes. A fair amount of cases settle through negotiation or mediation. The strength of the evidence and case preparation often influence how soon insurers are willing to settle, so it’s important to work with a qualified attorney. 

Q: What if survivors live outside Florida?

A: A case can still be filed in Florida if that is where the death occurred or if that is where the defendant is located. Much of the process may be handled by survivors remotely, though depositions and hearings may require in-person appearances at different points.

Speak With a Boca Raton Wrongful Death Lawyer

Wrongful death cases move on strict timelines, and valuable evidence can be lost if too much time passes. Insurers also work quickly to limit their exposure, which makes early action important for families.

Call 561-367-7799 or fill out our contact form today to discuss your case with a Boca Raton wrongful death attorney.

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