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Wrongful Death

person in distress“Wrongful Death” occurs when a person is killed as a result of negligence or misconduct by another individual, company or entity. A suit for wrongful death can only be filed by a personal representative of the deceased estate. Any suit for personal injury, pain and suffering, and expenses that occurred prior to the decedent’s death also must be brought by the personal representative. Damages awarded belong to the estate, and can be distributed as directed by the decedent’s will.

In order to file a “wrongful death” suit the following must be true:

  • The death of a human being;
  • Caused by another's negligence;
  • The survival of family members who are suffering monetary injury as a result of the death, and;
  • The appointment of a personal representative for the decedent's estate.

A “wrongful death” case may be a result of the following:

  • Medical malpractice that results in decedent's death;
  • Automobile or airplane accident;
  • Occupational exposure to hazardous conditions or substances;
  • Death during a supervised activity.

tombstoneThe damages that can be awarded in a “wrongful death” case can be: inheritance, medical and funeral expenses, interest, and more. The deceased age, character, and condition, as well as his/her earning capacity, life expectancy, health, intelligence, and circumstances of the death are all take into consideration when determining the awards.

In a “wrongful death” case, the jury determines what the damages award will be. However, this is not the final work. The court can raise or lessen the award to make sure it is fair for both sides. Punitive damages are awarded in some states, where serious or malicious wrongdoing took place. At attorney can let you know if your state allows punitive damages.

If a loved one has died as a result of negligence or misconduct of another individual, company or entity, you may be entitled for legal compensation. Time is very important, as there are deadlines for filing this type of lawsuit. Contact an experienced attorney as soon as possible. Celeste Law Firm, PA. has the experience needed to handle “wrongful death” cases. Call us today to find out if you have a case.

Suite 225
580 Village Boulevard
W. Palm Beach, FL 33409
Tel: 561-478-2447
Fax: 561-478-5073

Port St. Lucie, FL 34952
Tel:772-343-8992
Fax:772-343-8993

Toll Free:
888-755-6555