What You Need to Know About Filing a Wrongful Death Claim in West Palm Beach

Losing someone suddenly because of another person’s careless or reckless actions is devastating. It’s a kind of loss that doesn’t just leave an emotional impact—it can leave financial and legal uncertainty behind, too. If you are grieving the wrongful death of a loved one in West Palm Beach, you may have legal options available to hold the responsible party accountable.

Florida law allows certain surviving family members to file a wrongful death claim when a person’s death was caused by someone else’s negligence or wrongdoing. While no amount of money can replace the loss, a successful claim can provide financial stability and a sense of justice for the family left behind.

This guide outlines what you need to know about how wrongful death claims work in West Palm Beach and what steps to take if you believe you may have a valid case.

What a Wrongful Death Claim Is Under Florida Law

A wrongful death claim is a civil action filed on behalf of a person who died as a result of another party’s negligent or intentional act. These claims are governed by Florida’s Wrongful Death Act, which outlines who can bring the claim, what damages are recoverable, and how the legal process works.

Unlike a criminal case, which is handled by the state and may result in penalties like jail time, a wrongful death claim is filed in civil court and seeks financial compensation. The goal is to provide support to the family members who have suffered a loss.

Common Situations That Can Lead to Wrongful Death

Wrongful death can occur in many different ways. Some of the most common causes in the West Palm Beach area include:

Car accidents involving reckless or distracted drivers
Truck crashes caused by driver fatigue or unsafe loads
Motorcycle or bicycle collisions with negligent motorists
Pedestrian accidents at intersections or crosswalks
Medical malpractice resulting in preventable death
Nursing home abuse or neglect
Fatal falls or accidents on unsafe property
Defective products causing fatal injuries

In each of these cases, the central question is whether the death could have been prevented if the other party had acted with proper care.

Who Can File a Wrongful Death Claim in Florida

Florida law requires that the wrongful death claim be filed by the personal representative of the deceased person’s estate. This person is usually named in the will or estate plan. If no will exists, the court may appoint someone to serve in this role.

While the personal representative files the claim, it is done on behalf of the deceased person’s surviving family members. This typically includes:

Spouse
Children
Parents
Other relatives who were financially dependent on the deceased

The claim seeks to recover compensation for both the estate and the survivors. The personal representative’s job is to act in the best interest of those affected by the loss.

Types of Compensation That May Be Available

In a wrongful death case, damages are divided into two main categories: compensation for the survivors and compensation for the estate.

Surviving family members may be eligible to recover:

Loss of support and services the deceased would have provided
Loss of companionship, guidance, and protection
Mental and emotional pain and suffering (available to certain relatives)
Funeral and burial expenses paid by survivors

The estate may be entitled to:

Lost income and benefits the deceased would have earned
Medical expenses related to the fatal injury or illness
Funeral expenses paid by the estate
The value of lost net accumulations to the estate

These damages can vary depending on the age, health, income, and family relationships of the person who passed away.

Time Limits for Filing a Claim in West Palm Beach

Florida has a strict deadline for filing a wrongful death lawsuit. In most cases, the statute of limitations is two years from the date of death. If the claim is not filed within this time, the court will likely dismiss it—regardless of how strong the case may be.

There are some limited exceptions, such as when the death was caused by medical malpractice or when there was fraud or concealment involved. But generally, it’s best to act quickly. Waiting too long can make it harder to gather evidence, speak to witnesses, and build a strong case.

How a Wrongful Death Case Is Proven

To succeed in a wrongful death claim, you must prove that the death was caused by someone else’s negligence or wrongdoing. This means showing:

The other party had a legal duty to act with reasonable care
They failed to meet that duty
Their actions directly caused the death
The death resulted in damages to the survivors or the estate

This can involve gathering a wide range of evidence, such as accident reports, medical records, witness statements, and expert testimony. Every case is different, and the strength of the evidence will heavily influence the outcome.

Why Legal Guidance Matters

Wrongful death cases are emotionally charged and legally complex. Insurance companies often try to limit what they pay, even when liability seems clear. They may offer a quick settlement that doesn’t reflect the full value of your loss.

Working with a personal injury lawyer who understands wrongful death laws in Florida—and has experience handling cases in West Palm Beach—can make a major difference. An attorney can help you:

Identify all potential sources of compensation
Calculate the full value of your damages
Handle communication with insurance companies
File the necessary legal paperwork
Represent you in court if the case goes to trial

Most wrongful death attorneys work on a contingency fee basis, meaning you pay nothing unless they recover compensation for you.

What Families Can Do After a Sudden Loss

If you believe your loved one’s death may have been caused by negligence, it’s important to take certain steps:

Request a copy of the death certificate
Gather any available evidence, including photos, police reports, or medical records
Write down what you remember about the circumstances
Avoid speaking to insurance companies without legal advice
Contact a local attorney who handles wrongful death cases

Taking action may feel overwhelming in the middle of grief. But it can help protect your rights and secure the financial support your family needs in the future.

Conclusion

No legal case can make up for the loss of a loved one. But pursuing a wrongful death claim can bring accountability to those responsible and help ease the financial burden left behind. It can also give families in West Palm Beach a path toward justice and closure.

If you’ve lost someone due to another’s carelessness or misconduct, don’t wait to get help. A wrongful death lawyer can guide you through the process, answer your questions, and stand by your side every step of the way.