West Palm Beach Wrongful Death Attorneys
Helping Families Seek Justice After Tragic Losses
Losing a loved one unexpectedly turns life upside down. When that loss was caused by someone else’s negligence, the grief may be accompanied by financial stress and a need for answers. Medical bills, funeral costs, and lost income may create immediate challenges, while the emotional toll lingers long after.
At Lesser, Landy, Smith & Siegel, PLLC, we help families seek justice when negligence causes a preventable death. A wrongful death claim cannot undo the loss, but it can provide financial support and hold those responsible accountable. Our West Palm Beach wrongful death attorneys are here to guide you through every step.
Do You Have a Wrongful Death Case?
A wrongful death claim may be filed when negligence, recklessness, or misconduct causes a death. Florida law allows certain family members to seek compensation, but only if specific legal requirements are met.
Negligence occurs when a person or business fails to take reasonable care and causes harm that could have been avoided.
Drivers can cause fatal car accidents or truck accidents when they speed, ignore traffic signals, or drive while distracted.
Businesses may be responsible if unsafe property conditions lead to deadly falls, drownings, or other accidents.
Medical providers face liability when diagnostic errors, surgical mistakes, or improper treatment result in death.
Property owners may also be sued under premises liability when hazards like broken stairs, inadequate security, or unsafe walkways contribute to fatal injuries.
Determining whether a case qualifies depends on the circumstances. Our wrongful death attorneys review the facts, identify who is responsible, and advise on whether a lawsuit can move forward.
Who Can File a Wrongful Death Lawsuit in Florida?
- A spouse – The primary beneficiary in most cases.
- Children – Minor children can seek damages for lost support and guidance. Adult children may qualify if there is no surviving spouse.
- Parents – Can recover damages if the deceased had no spouse or children.
- Other family members – Siblings or financially dependent relatives may qualify in limited cases.
Florida’s Medical Malpractice Wrongful Death Restrictions
In Florida, a unique law affects who can file a wrongful death lawsuit when medical malpractice is involved. Sometimes referred to as the “Free Kill” law, it prevents certain family members from seeking compensation if their loved one dies because of medical negligence.
Who Is Affected by the "Free Kill" Law?
- Adult Children Over 25: If a parent dies because of medical malpractice, their children aged 25 or older cannot file a wrongful death claim.
- Parents of Deceased Adult Children: Parents are barred from seeking damages if their adult child (25 or older) dies as a result of medical negligence.
- Unmarried Adults Without Children: If an unmarried adult with no children dies from medical malpractice, their surviving family members cannot file a wrongful death claim.
Why Does This Law Exist?
Enacted in 1990, the “Free Kill” law aimed to control medical malpractice insurance costs and prevent doctors from leaving Florida. However, it has faced criticism for denying justice to families of medical malpractice victims.
Options for Affected Families
While this law limits certain wrongful death claims, other options may be available. An attorney can review the details and determine if exceptions apply or if a different type of claim can be pursued.
How Long Do You Have to File a Wrongful Death Claim?
Florida sets a two-year deadline for filing a wrongful death lawsuit. The clock starts on the date of death, and missing the deadline usually means the case cannot move forward.
Exceptions That May Change the Deadline
Some circumstances may extend or shorten the time to file. If the cause of death was not immediately known, the deadline may begin when the negligence is discovered. If fraud or concealment prevented the family from learning what happened, the court may allow more time. Cases against government agencies have separate rules that affect when a claim has to be filed.
What If New Evidence Appears After the Deadline?
Once the deadline passes, new evidence does not reopen the case. Even if clear proof of negligence surfaces later, the lawsuit is likely barred unless a legal exception applies.
Starting the process early helps prevent missing the deadline and protects the family’s ability to seek compensation.
What Compensation Can Be Recovered?
Compensation in a wrongful death claim reflects both the financial impact of the loss and the personal toll on surviving family members. The amount depends on factors like the deceased’s income, the support they provided, and the emotional impact on the family.
Financial Losses
Compensation may cover the following areas:
- The income and benefits the deceased would have earned over their lifetime
- Funeral and burial costs
- Medical bills related to the fatal injury or illness
- The value of household services the deceased provided, such as childcare or home maintenance
Personal and Emotional Losses
Beyond financial impact, the loss of a loved one affects daily life in ways that cannot be measured in dollars. Compensation may also account for:
- The loss of companionship, emotional support, and guidance
- The pain and suffering experienced by surviving family members
Florida law limits who can receive damages based on their relationship to the deceased. Our wrongful death attorneys can determine what compensation applies in each case.
How Wrongful Death Lawsuits Work in Florida
Filing a wrongful death lawsuit follows a specific process. Some cases settle quickly, but others take longer, especially if insurance companies dispute fault or try to pay less than they should.
Step-by-Step Process of Filing a Wrongful Death Lawsuit
The personal representative of the estate is responsible for filing the lawsuit on behalf of surviving family members. The case then moves through several stages:
- Investigation and Evidence Collection – Attorneys gather medical records, accident reports, witness statements, and expert testimony to build the case.
- Filing the Lawsuit – A formal complaint is submitted to the court and explains who is responsible and the damages being pursued.
- Negotiations with Insurance Companies – Insurers may offer a quick settlement, but initial offers are usually lower than what the case is worth.
- Discovery Phase – Both sides exchange evidence, take depositions, and prepare legal arguments.
- Settlement Discussions or Mediation – Many cases resolve through negotiations, but if the insurance company refuses to pay a fair amount, the case moves forward.
- Trial (If Necessary) – A jury reviews the evidence and determines liability and damages.
How Long Do Wrongful Death Cases Take?
Some cases settle within months, especially if liability is clear. Cases that involve disputes over fault, complex medical evidence, or uncooperative insurance companies take longer. Litigation can extend a case for a year or more based on court schedules and legal challenges.
What to Expect from Insurance Companies
Insurance companies do not hand over large settlements without a fight. They may dispute liability, blame the deceased, or delay payments to pressure the family into accepting less. An attorney levels the playing field and makes insurers take the case seriously while pushing for the compensation the family deserves.
Problems Families Can Face When Pursuing a Claim
Wrongful death cases are rarely straightforward. Insurance companies look for ways to pay as little as possible, and defendants frequently try to avoid responsibility. Families dealing with grief and financial strain may find the claims process difficult without the right attorney on their side.
Insurance Companies and Minimizing Payouts
Insurance companies do not always prioritize fairness. They may offer a quick settlement that barely covers immediate costs, which pressures the family to accept without questioning whether it is enough. Delays in processing claims create financial pressure that forces families to settle for less. Some insurers dispute liability entirely and argue that the deceased was partially or fully responsible for their own death. Others challenge medical records or expert testimony to reduce the amount they have to pay.
Our wrongful death lawyers push back against unfair strategies and demand a settlement that reflects the full impact of the loss.
What Happens if the At-Fault Party Has No Insurance or Assets?
Some wrongful death cases have defendants who lack the financial resources to pay a settlement. When that happens, other sources of compensation may be available:
- Uninsured or underinsured motorist coverage – May apply if the death resulted from a car accident.
- Employer liability – Could be an option if the at-fault party was working at the time.
- Third-party liability – May exist if a defective product, unsafe property, or another factor contributed to the death.
Our wrongful death team identifies all possible options to help families recover compensation.
Defenses That May Be Used to Avoid Responsibility
Defendants rarely admit fault without a fight. Some of the most common defenses include:
- Blaming the deceased – Arguing they were responsible for their own injuries.
- Pointing to pre-existing conditions – Claiming the death was unrelated to the defendant’s actions.
- Shifting blame – Insisting another person or event caused the fatal injury.
Our attorneys use things like detailed evidence and expert testimony to help counter these arguments and keep the focus on who is truly responsible.
How Our Wrongful Death Attorneys Build Winning Cases
Wrongful death cases require more than proving negligence. Insurance companies look for ways to minimize payouts, strict deadlines limit the time to act, and families are left handling financial and emotional losses. Our attorneys take on these challenges by building a compelling case, challenging insurers, and preparing for trial when necessary.
Building a Compelling Case
A strong wrongful death case starts with gathering critical evidence. Our attorneys collect accident reports, medical records, and witness statements to establish liability. When the responsible party denies fault, expert testimony may be necessary to prove how negligence caused the death. In some cases, multiple parties—such as businesses, property owners, or product manufacturers—may share responsibility, expanding the available sources of compensation.
Negotiating with Insurance Companies
Insurance companies rarely offer fair settlements upfront. Some use delay tactics, dispute liability, or pressure families into accepting low offers. Our attorneys evaluate settlement proposals, push back against undervaluations, and take cases to court when insurers refuse to pay what’s owed.
Wrongful Death Cases We Handle
Our attorneys have secured compensation for families in cases involving:
- Motor vehicle accidents, including cars, trucks, motorcycles, and pedestrians
- Medical negligence, such as surgical errors and misdiagnoses
- Workplace accidents and construction fatalities
- Defective products that cause fatal injuries
- Unsafe property conditions, including negligent security and hazardous walkways
What to Look for in a Wrongful Death Attorney
Not all attorneys have the experience required to handle these cases effectively. Families should consider:
- A strong track record in wrongful death cases
- Experience negotiating with insurers and litigating in court
- In-depth knowledge of Florida wrongful death laws
- A commitment to securing full compensation rather than quick settlements
Talk to a West Palm Beach Wrongful Death Attorney Today
Families facing a wrongful death case have limited time to take action. Delays can weaken evidence, make it harder to recover full compensation, and even prevent a claim from moving forward. The sooner an attorney gets involved, the stronger the case can be.
Lesser, Landy, Smith & Siegel, PLLC fights for families who have lost loved ones due to negligence. If someone else’s actions caused a preventable death, we are ready to help. Call (561) 655-2028 or send us an email today for a free consultation.
