Delray Beach Wrongful Death Lawyer

What This Page Covers:

• Eligibility and Beneficiaries: In Florida, only the personal representative of the deceased’s estate can file a wrongful death claim, with potential beneficiaries including spouses, children, and dependent relatives.
• Statute of Limitations: Florida’s wrongful death claims must be filed within two years from the date of death, emphasizing the urgency to initiate legal action promptly to secure necessary evidence and protect the right to bring a claim.
• Proving Liability: Successful wrongful death claims hinge on proving the liable party’s duty of care, breach of this duty, and causation.
• Legal Guidance: Hersh Kirtman Injury Law offers experienced legal representation for families who tragically must pursue wrongful death claims in Delray Beach after having lost a loved one. Hersh Kirtman Injury Law focuses on personalized and compassionate service to help families achieve justice.

Should you suffer the loss of a loved one due to the negligence of another, a wrongful death claim may be pursued to recover for the harm caused to the estate and the deceased’s beneficiaries. Losing a family member in an incident caused by another’s negligence generally results in a sudden unexpected loss that often results in an enormous emotional toll on the family. Florida law contains the Wrongful Death Act, which outlines the rights afforded to families who tragically lost loved ones due to negligence, or worse. It is important to retain the help of one of our trusted Delray Beach wrongful death lawyers who will guide you through this difficult time with knowledgeable, compassionate and personalized service.

At Hersh Kirtman Injury Law, our Delray Beach wrongful death attorneys have years of experience providing trusted legal counsel to clients who have suffered the unimaginable loss of a loved one due to wrongful death. We dedicate ourselves to helping clients through this difficult time, guiding them through an unfamiliar process at the most tragic time for them. Our team of Delray Beach wrongful death lawyers will work hard to protect, guide, and advocate for your rights and interests throughout the claims process as we help you get justice for your loved one. 

Who Can File a Wrongful Death Claim in Delray Beach, Florida?

In Florida, there is only one person who may actually file a wrongful death claim. Florida’s Wrongful Death Act makes clear that the individual who must bring a wrongful death claim is the person appointed as the personal representative of the deceased’s estate. This means that to bring a wrongful death claim, a probate proceeding must commence so that an individual may be appointed as the personal representative. The personal representative may be someone named in the deceased’s will, or the personal representative may be determined based on statute should the deceased not have a will. The personal representative is often a spouse, or other family member. 

While the personal representative brings the wrongful death claim, he or she does so on behalf of the estate and the deceased’s survivors. Florida’s Wrongful Death Act defines who a deceased’s survivors are, and what damages are available. Who may claim damages as a survivor of a loved one lost due to another’s negligence depends on the circumstances in the case, but generally includes one or more of the following: 

• The spouse of the decedent
• The children of the decedent
• Surviving parents
• Dependent family members

If your loved one has passed unexpectedly due to the negligence of another party, contact one of our trusted Delray Beach wrongful death attorneys to learn your rights under the Wrongful Death Act. 

What Is the Statute of Limitations for Wrongful Death Claims in Florida?

The statute of limitations is a legal term used to describe the amount of time within which a lawsuit must be filed. Once the statute of limitations runs out, no lawsuit is permitted. Wrongful death claims in Florida are subject to a two year statute of limitations. Therefore, should someone pass away from another’s negligence, the deceased’s personal representative must bring the claim on behalf of the estate and the survivors within two years from the deceased’s passing. 

A wrongful death claim can be complex. The longer one waits to begin the process, the more difficult it can be to collect key evidence. It is imperative that you contact one of our Delray Beach wrongful death lawyers as soon as possible to take the first steps toward pursuing justice for your loved one.

Proving Liability in a Delray Beach Wrongful Death Claim

At Hersh Kirtman Injury Law, our team of wrongful death attorneys in Delray Beach understands that the days, weeks, and months following the unexpected loss of a family member can be extremely difficult for loved ones. We recognize that nothing could ever make up for this loss. Our system however holds those responsible accountable by forcing the payment of compensation for the loss.  

To pursue this justice, your wrongful death lawyer will need to be able to identify the responsible party or parties in your case and prove their liability. To prove liability in a wrongful death claim, one of our Delray Beach wrongful death attorneys will collect evidence to establish the elements of negligence in your case. These elements include the following: 

• The liable party owed your loved one a duty of care
• The duty of care was breached
• The breach of duty led to their untimely death
• You and your family have suffered losses as a result of their negligence

To ensure you and your family are able to pursue the justice you deserve after losing a loved one due to another’s negligence, contact our team of Delray Beach wrongful death lawyers to learn more about the legal options available to you. 

Get Help With Your Delray Beach Wrongful Death Claim Today With Hersh Kirtman Injury Law

After you have suffered the loss of a loved one, you and your family may have the right to pursue justice. Speak to one of our experienced wrongful death attorneys to understand your rights.

At Hersh Kirtman Injury Law, we provide clients with personalized and compassionate representation. If you are interested in a free case evaluation with one of our Delray Beach wrongful death lawyers, contact us today by calling us at (561) 208-3700 or by filling out our contact form.