“Wrongful Death” occurs when a person is killed as a result of the negligence or misconduct of another individual, company or entity. A suit for wrongful death can only be filed by a personal representative of the deceased’s 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. Contact an experienced attorneyas soon as possible.
In order to file a “wrongful death” suit the following must be true:
- There is death of a human being;
- Caused by another’s negligence;
- The surviving family members have suffered monetary damages as a result of the death, and;
- A personal representative, who may be and is usually a family member, must be appointed 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.
The damages that can be awarded in a “wrongful death” case can be inheritance, medical and funeral expenses, interest, and more. The decedent’s age, character, and condition, as well as his/her earning capacity, life expectancy, health, intelligence, and circumstances of the death are all taken 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. The attorneys at Celeste Law Firm will explain all of the damages that the survivors may be entitled to including punitive damages.
Contact Our Experienced West Palm Beach Wrongful Death Attorneys
If a loved one has died as a result of negligence or misconduct of another individual, company or entity, you must secure legal representation. Time is very important, as there are deadlines for filing this type of lawsuit. Contact an experienced West Palm Beach wrongful death attorney as soon as possible. Celeste Law Firm has the experience needed to handle “wrongful death” cases. Call us today to find out if you have a case.