Wrongful Death Lawyer Palm Beach County

Losing a loved one due to negligence is one of the most painful experiences any family can face. At Weston & Pape, our Palm Beach County wrongful death lawyers are dedicated to helping families pursue justice and financial security after such devastating loss. We handle every aspect of your case with compassion and care, working to hold negligent individuals and companies accountable. Our goal is to ease your burden while securing the compensation you need to move forward. Contact Weston & Pape today at 866-943-4021 for a free consultation with a trusted wrongful death lawyer.

Proving Negligence in a Wrongful Death Claim

Losing a loved one because of someone else’s careless or reckless actions is one of the most painful experiences a family can endure. In these situations, the law provides a way for surviving family members to seek justice and financial support through a wrongful death claim. However, winning such a case requires more than demonstrating that a death occurred. It involves proving that the defendant’s negligence directly caused the loss. Understanding how negligence is proven is essential for families pursuing these complex claims in Palm Beach County, Florida.

Understanding Wrongful Death Claims in Florida

Under Florida law, a wrongful death occurs when a person’s life is taken as a result of another party’s negligent, reckless, or intentional actions. These cases can stem from car accidents, medical malpractice, workplace incidents, defective products, or unsafe property conditions. The purpose of a wrongful death lawsuit is to hold the responsible party accountable and to recover damages that can help support surviving family members who relied on the deceased for emotional and financial stability.

In Florida, the personal representative of the deceased person’s estate files the wrongful death claim on behalf of surviving relatives. These relatives may include a spouse, children, parents, and, in some cases, other dependents. To be successful, the claim must demonstrate that negligence played a central role in causing the death.

The Legal Concept of Negligence

Negligence occurs when someone fails to act with the level of care that a reasonable person would exercise in similar circumstances. This failure must result in harm to another individual. In a wrongful death case, proving negligence means showing that the defendant’s actions or omissions directly led to the fatal incident.

To establish negligence, four key elements must be proven: duty of care, breach of duty, causation, and damages. Each of these elements must be supported by evidence and presented clearly for a claim to succeed.

Duty of Care

The first step in proving negligence is establishing that the defendant owed a legal duty of care to the deceased. This duty varies depending on the situation. For example, drivers have a responsibility to follow traffic laws and operate their vehicles safely to protect others on the road. Property owners must maintain their premises to prevent unsafe conditions. Doctors and healthcare providers must uphold professional standards when treating patients.

In most wrongful death cases, showing that a duty of care existed is relatively straightforward because the law generally recognizes these obligations. The challenge lies in demonstrating that the duty was violated.

Breach of Duty

A breach of duty occurs when the defendant fails to meet the required standard of care. This means their actions or inactions deviated from what a reasonable person would have done under the same circumstances.

In car accident cases, a breach might involve speeding, distracted driving, or running a red light. In medical malpractice claims, it could mean a misdiagnosis or surgical error that no competent professional should have made. In a premises liability case, it may involve failing to repair a known hazard or warn visitors of a dangerous condition.

To prove a breach, lawyers often rely on expert testimony, accident reports, safety records, or other forms of documentation that highlight the defendant’s misconduct.

Causation

Causation connects the breach of duty to the victim’s death. This step requires showing that the defendant’s negligence directly caused the fatal injury. It is not enough to show that the defendant acted carelessly; the family must prove that their actions were the actual and legal cause of the death.

This can sometimes be the most complex part of a wrongful death case. For example, if a person with pre-existing health conditions dies after an accident, the defendant may argue that the death was unrelated to their actions. In such cases, attorneys often bring in medical experts or accident reconstruction specialists to provide clear evidence of how the negligent behavior led to the death.

Damages

The final element involves demonstrating that the family suffered measurable losses as a result of the death. Damages in a wrongful death claim can include both economic and non-economic losses.

Economic damages may cover medical expenses incurred before death, funeral and burial costs, and the loss of income or benefits the deceased would have provided. Non-economic damages address the emotional suffering of the surviving family members, including loss of companionship, guidance, and emotional support.

Each of these damages must be supported by evidence such as financial records, expert testimony, and personal statements from family members.

Gathering Evidence to Prove Negligence

A successful wrongful death claim relies heavily on strong evidence. The quality and relevance of the proof can make a major difference in whether negligence is clearly established. Common forms of evidence include:

Accident reports and police records detailing how the incident occurred
Medical records showing the cause of death and treatment provided
Eyewitness statements that corroborate the events leading to the fatality
Expert testimony from professionals such as doctors, engineers, or accident reconstructionists
Surveillance footage or photographs that visually confirm unsafe conditions or negligent behavior
Employment and income records used to calculate financial losses

An experienced wrongful death attorney will carefully collect, analyze, and present this evidence to build a compelling case that meets the legal burden of proof.

The Importance of Legal Representation in Wrongful Death Claims

Wrongful death cases in Florida are emotionally charged and legally complex. Insurance companies and defendants often attempt to minimize their liability or shift blame to the deceased. Having a knowledgeable attorney is essential to protect your rights and ensure the evidence is properly handled.

A lawyer can manage every aspect of the case, from investigating the cause of death to negotiating settlements or presenting the case in court. They understand how to interpret Florida’s wrongful death statutes and how to present a strong argument that clearly demonstrates negligence.

Moreover, an attorney ensures that the claim is filed within Florida’s statute of limitations. In most cases, families have two years from the date of death to file a wrongful death lawsuit. Missing this deadline can prevent you from pursuing compensation altogether.

Recoverable Damages

When negligence is successfully proven, the court may award damages to compensate surviving family members for their losses. In Florida, these damages may include:

Medical expenses related to the deceased’s final injury or illness
Funeral and burial costs
Lost income and benefits the deceased would have earned
Loss of companionship, protection, and guidance
Emotional pain and suffering of surviving family members

In some cases, the court may also award punitive damages if the defendant’s conduct was especially reckless or intentional. These are meant to punish the wrongdoer and deter similar behavior in the future.

Find Strength and Justice With a Compassionate Wrongful Death Attorney

The loss of a loved one due to negligence is an unimaginable hardship. The wrongful death attorneys at Weston & Pape in Palm Beach County, Florida, understand the emotional and financial strain families face after such a tragedy. Our team approaches every case with empathy, dedication, and a commitment to justice. We fight to hold responsible parties accountable and help families recover compensation for their losses. While nothing can replace your loved one, pursuing justice can bring closure and stability. Call 866-943-4021 today to speak with a compassionate wrongful death attorney who will stand by your side.