It is always a traumatic experience when someone you care about passes. However, when the passing of a loved one occurs due to the fault of someone else, this can be even more difficult to process. A West Palm Beach wrongful death lawyer can provide your case with the attention it deserves.
If you suspect someone else’s negligence contributed to the death of a loved one, set up a consultation with a wrongful death lawyer in West Palm Beach. Until then, here is what you need to know about wrongful death lawsuits.
What is a Wrongful Death Claim?
A wrongful death claim is a lawsuit made when an individual’s death is the result of another person or entity. The purpose of a wrongful death claim is to recover damages including:
- The cost of medical expenses or funeral expenses.
- Compensation for the family who experiences the loss of a loved one.
- Recovery of the wages that an individual would be earning if they were still alive.
Several types of accidents may be considered a wrongful death, including:
- Vehicular accidents. A wrongful death vehicular accident might occur because of the negligence of another driver. Alternatively, a vehicle defect can also be to blame.
- Bike or pedestrian accidents. Wrongful deaths involving bicyclists or pedestrians most often occur due to the negligence of an automobile driver.
- Poisoning accidents. Some wrongful deaths are the result of poisonings and overdoses of prescription medications or illegal drugs.
- Medical malpractice accidents. When a physician or medical provider fails to accurately diagnose, misdiagnoses, or makes an error, this can result in wrongful death.
- Workplace accidents. Workplace wrongful deaths include both injuries at the workplace and the development of illnesses that result in a worker’s death.
- Drowning accidents. Most commonly drowning wrongful deaths are the result of swimming pools that are unsecured. Alternatively, a drowning accident can be the result of a boating accident where proper safety devices were unavailable.
Although this is not an exhaustive list of wrongful death situations, these are the most common in the United States. Likewise, any of these accidents resulting in death may not reach the level of a wrongful death if the individual or entity at fault was not negligible.
It is up to a wrongful death lawyer in West Palm Beach to investigate and determine negligence for a lawsuit alleging wrongful death to succeed.
Which Parties Can Sue for Wrongful Death?
Each state has its own unique laws stating who can bring forward a wrongful death claim. Generally, anyone that suffers damages due to wrongful death can file a lawsuit. This might include spouses, life partners, immediate family, and distant relatives. Likewise, it can also involve those who are financially dependent on the decedent.
Because of the differences in state laws throughout the country, it is important to work with an attorney that understands wrongful death liability in your specific area.
Who Can You Bring a Wrongful Death Suit Against?
Wrongful death lawsuits are often against more than the person or people with first-hand responsibility for the accident. For example, let us say that an individual is in an automobile accident with a negligent party, and their vehicle also malfunctions. In this case, the wrongful death suit might be brought against both the negligent driver and the car manufacturer. Notably, wrongful death suits in a similar event can also be brought against:
- Employers found at-fault for an accident involving a vehicle operated for business purposes.
- A retailer, business owner, or even a bartender that provides alcohol to an impaired driver.
- The government agency that failed to notify drivers of a road hazard that caused the accident.
- Builders who designed or created the roadway where an accident took place.
Should You Work With a Wrongful Death Lawyer West Palm Beach?
As you can tell, determining who is liable for a wrongful death can be quite complex. The liability for an accident may involve more than one party for several reasons. Therefore, it is important to work with an attorney that has experience dealing with wrongful death lawsuits.
Finding a Wrongful Death Lawyer West Palm Beach
Do you believe that the death of a loved one is the result of the negligence of another party? The attorneys at Lytal, Reiter, Smith, Ivey & Fronrath are here to help. Contact us at (561) 655-1990 to discuss the events of your wrongful death claim. We’re here to help you identify and maximize the damages you receive for the wrongful death of a relative or someone that you depend on.