Losing a loved one is one of the toughest things we, as humans, can go through in life. Losing a loved one in preventable circumstances is arguably more traumatic. If a loved one’s death was caused through no fault of their own, you need an attorney who will fight for your loved one’s memory and try to prevent other families and friends from experiencing the same thing you had to. Bernstein | Polsky is the premier wrongful death attorney in Boca Raton, who is staffed with attorneys who are dedicated to helping you fight.
The Premier Wrongful Death Attorney in Boca Raton
Urgency and responsibility are two of the major factors that revolve around a wrongful death case. At Bernstein | Polsky, we are committed to helping you do just that. Before we begin providing any legal assistance or representation, we would first like to hear your story and gain an understanding of what exactly occurred in order to determine if we have a case. Once we know the entire story, we can help strengthen your arguments and compile the necessary evidence to present an unwavering case to the courts. This evidence may consist of witness testimony, medical bills, physical evidence, pictures, and more.
What is a Wrongful Death?
If a loved one was the victim of someone else’s negligence, leading to their untimely passing, you might qualify for compensation. These funds are intended to cover the end of life expenses for medical care, funeral services, and other debts caused by an unforeseen death. In some specific circumstances, you may also qualify for compensation for lost wages and pain and suffering. Under current Florida legislation, Florida statute section 768.19 defines wrongful death as “caused by the wrongful act, negligence, default, or breach of contract” of another person or entity. This allows the estate of the deceased to seek reparations in the civil court outside of any criminal charges that may be involved.
Who Can File a Wrongful Death Lawsuit?
In order to prevent abuse of the law, Florida legislation dictates only certain people can file wrongful death claims. This is intended to ensure those who are most heavily impacted by the financial strains of a sudden passing receive the compensation they need. Such parties include:
- Legally recognized spouse
- Biological or legally adopted children who are financially dependent on the deceased
- Parents of the deceased if they were unmarried.
- Other financially dependent parties, if none of the above apply.
If you are unsure if you fall into any of the above categories, Bernstein | Polsky can help. Our attorneys are knowledgeable and experienced legal professionals who are here to help guide you through the entire process.
How to File a Wrongful Death Lawsuit
A wrongful death lawsuit must be filed within two years of the date of death unless extenuating circumstances supersede that time constraint. At this time, damages which may be claimed include:
- Lost wages and benefits
- Reasonably assumed expected wages, as calculated by the courts
- The lost perspective accumulated value of the estate
- Medical and funeral expenses paid by the family or estate
- Mental and emotional pain and suffering
- Loss of support and services provided by the deceased to a dependent family member
- Loss of companionship, guidance, and protection provided by the deceased, and more
A wrongful death lawsuit is considered a civil case; therefore, it is up to you to prove the fault of the defendant. Factors that prove the defendant to be at fault include
- Duty of care
- Breach of the said duty
- Causation on the part of the accused
The wrongful death attorneys at Bernstein | Polsky can help guide you in collecting the necessary documentation and evidence to do so. Let us help your family through this challenging time.
At Bernstein | Polsky, we’re here to help address all of the aspects of your difficulties. Our goal at Bernstein | Polsky is to protect your rights and fight for the maximum compensation for the loss of a loved one. Bernstein | Polsky is 100% committed to fighting for our clients. For more information or get started with a case, please contact Bernstein | Polsky at 954-997-9947 today!