Wrongful Death Lawyer West Palm Beach

When someone has died as a result of another’s negligence, medical mistake, or a product that reached the market in a defective state, certain of the deceased victim’s family members may be entitled to compensation for the damages they have suffered as a result of their loved one’s death through the institution of a wrongful death action against the responsible individuals and entities. In some cases, compensation may also be recovered for damages suffered by a victim’s family members between the victim’s injury and ultimate death. This is why you need a Wrongful death lawyer West Palm Beach attorney like Killinofirm on your side.

The Killino Firm’s wrongful death attorneys have extensive experience with wrongful death cases, including those arising out of deaths caused by a defective product, medical malpractice, or someone’s negligence. If one of your family members has died and you suspect that your family member’s death was caused by medical malpractice, negligence, or a defective product, you may be entitled to compensation for the damages you have suffered as a result. Contact The Killino Firm at 561-835-9898 for a cost-free evaluation of your case and additional information about your legal rights and options.

Legal Liability for Wrongful Deaths

Wrongful death actions may be brought to recover damages suffered by victims’ family members as a result of deaths caused by negligent actions or inactions, such as neglect or the failure to protect someone from dangerous conditions on property; defective products, such as cars with faulty brakes or protective equipment; and medical malpractice, such as the negligent failure to diagnose an illness or the negligent treatment of a diagnosed condition.

The defendants in a wrongful death action are generally the same defendants who would have been named in a product liability, medical malpractice, or negligence suit if the victim had survived his or her injuries. Essentially the same proof will be required to establish causation and liability for a victim’s death in a wrongful death action as in an action brought to recover damages for the victim’s non-fatal injuries. The damages element of a wrongful death claim will differ from the damages element in a suit for non-fatal injuries, however, as the damages recoverable in a wrongful death suit are certain damages suffered by the victim’s family members rather than by the victim.

The survivors of a victim who are entitled to recover damages in a wrongful death suit consist of a victim’s immediate family members, such as the victim’s spouse, the parents of a minor victim, and the minor children of an adult victim. These family members may be entitled to recover the value of the victim’s support and services that the family members would have received from the victim had the victim survived his or her injuries. The costs recoverable in this category may begin from the date the victim was injured, if the victim did not immediately die from the injury that ultimately resulted in the victim’s death.

Surviving spouses may also be allowed to recover damages for the loss of a deceased spouse’s companionship during the victim’s normal life expectancy as well as the emotional pain and suffering experienced by the surviving spouse as a result of the victim’s death. In cases in which a deceased victim did not die until sometime after his or her injuries were sustained, damages for the surviving spouse’s loss of companionship and emotional pain and suffering may include the loss and suffering that was experienced by the surviving spouse from the time the deceased spouse was injured. Surviving spouses may also be entitled to damages for costs of medical, funeral, and other expenses paid by the surviving spouse as a result of the victim’s injury and death.

The surviving parents of a deceased minor child who has died as a result of someone’s negligence, medical malpractice, or a defective product may be able to recover damages for the parents’ emotional pain and suffering caused by their minor child’s injury and death. If the minor child did not immediately die from his or her injuries, the parents may also be able to recover damages for the pain and suffering endured by the parents between the time the child was injured and the time the child died. Parents may also recover damages for the cost of medical, funeral, and other expenses incurred by the parents as a result of the child’s injury and death.

The minor children of a victim who is determined to have died as a result of someone’s negligence, medical malpractice, or the use of or exposure to a defective product may be entitled to recover certain damages in a wrongful death action against the parties responsible for their parent’s death. Minor children may be entitled to recover damages for the loss of a parent’s companionship, the loss of a parent’s guidance and instruction, and for the pain and suffering experienced as a result of the parent’s injury and death from the time the parent was injured.

Contact Us

If one of your family members has died as a result of accident injuries due to someone’s negligence, medical malpractice, or the exposure to or use of a defective product, The Killino Firm’s West Palm Beach, Florida, wrongful death attorneys can help you obtain justice from all those responsible for your family member’s death. Contact The Killino Firm at 561-835-9898 for experienced assistance with your wrongful death case.

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The Killino Firm's West Palm Beach attorneys work tirelessly for each and every client and do what it takes to get the results our clients deserve.
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Date published: 03/05/2015
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