Wrongful Death Claims Attorney Palm Beach Gardens

There is no sorrow like the death of a loved one due to another person’s wrongful actions. That combination of loss, anger, confusion, and distress complicates the mourning process for family members and often creates an uncertain financial future. If a loved one has died because of someone else’s negligence or reckless behavior, it might be appropriate for family survivors to seek justice through a wrongful death claim. Unlike other personal injury actions, under Florida law, a wrongful death claim is filed, not by the victim, but by family members or the decedent’s estate. The damages recovered are not pain and suffering, or mental distress, claims that often disappear upon the victim’s death. Instead, the family can sue for the loss of emotional support, lost wages, medical bills, and funeral expenses.

Finding a compassionate, committed, and professional wrongful death attorney in Palm Beach means making an appointment with the Swan Law Firm. At Swan Law, you will find knowledgeable, compassionate, and experienced Palm Beach Gardens wrongful death attorneys ready to pursue a claim on your family’s behalf. We will devise a strategy to get you a maximum recovery to secure your family’s future, whether by negotiation or litigation.

Why Choose Blake Swan as Your Wrongful Death Attorney

The reputation of a personal injury attorney matters, especially in the early stages of a claim for wrongful death. Blake Swan has the credentials that impress insurance companies and defense attorneys. They know that claims filed by the Swan Law Firm are legitimate causes of action. We get results for our clients.

The Swan Law Firm is a top-ranked attorney among the National Trial attorneys Top 40, recovering over $90 million on behalf of clients from around the country.

The Swan Law Firm will fight till you get paid!

A successful personal injury attorney has a combination of skills:

• Up-to-date knowledge of Florida wrongful death law and civil procedure
• Compassion and dedication to our clients
• Trial experience that backs up aggressive negotiating strategies
• A reputation among insurance companies and defense counsel
• Professional, strategic, and effective

This professional attitude means that we will aggressively, and ethically, advocate for our clients so that we can recover the compensation that you deserve.

What Type of Damages Are Available in a Wrongful Death Suit

A wrongful death suit is ordinarily brought by a representative of the decedent’s estate or surviving family members. Under Florida law, if the decedent left a will, then the personal representative or executor of the estate can file a wrongful death claim on behalf of the surviving family members. If the decedent died intestate, meaning without a will, then the surviving family members can sue. These include the spouse, children, parents, and other dependent relatives.

Depending on which family members survived, damages might include:

• Loss of future wages
• Loss of employment and retirement benefits
• Loss of inheritance
• Medical and funeral expenses
• Loss of care and protection
• Loss of love and society
• Loss of consortium
• Pain and suffering experienced by the decedent before death

When Must a Wrongful Death Claim Be Started

Civil claims are governed by statutes of limitations which require that a lawsuit be started within a specific period of time. In Florida, the statute of limitations for a wrongful death claim is two years. To stop the statute of limitations from running, an actual lawsuit must be filed with the appropriate clerk of the court to preserve your family’s legal rights. But you should consult with an experienced wrongful death attorney much sooner.

A consultation with a wrongful death attorney will help guide the family in the aftermath of this tragedy. Documents need to be gathered and preserved. Physical conditions need to be inspected and photographed before they change. Witnesses need to be identified and their stories recorded when memories are clearer and more reliable. In some ways, taking action can help with the healing process.

What If Our Loved One Might Have Been Partially at Fault?

Florida is a comparative negligence state. This means that if your deceased family member was partially at fault, the estate’s representative or surviving family members can still bring suit, although the ultimate damage award will be reduced by the percentage of fault attributed to the decedent. Only an experienced wrongful death attorney can evaluate a case to determine the value of a suit when contributory negligence might be a defense.

How Blake Swan Can Help You

Every potential client who approaches the Swan Law Firm for a free consultation will be interviewed to determine the viability of their claim. This process involves reviewing the evidence, medical records, and perhaps conducting a brief investigation to locate the responsible parties and their financial assets, including insurance policies.

Once a case is taken, and a retainer agreement drafted and signed, the Swan Law Firm will contact the insurance carriers, if any, to feel out whether negotiation or litigation is the best course of action for you and your family. Remember the purpose of a wrongful death action is to reestablish financial security for you and your family. If the insurance carrier has undervalued liability and the consequential loss to you and your family, and not offered an appropriate pre-filing settlement, then the Swan Law Firm will file suit on your behalf. Our goal is to maximize your recovery in the shortest period of time. However, not all cases can be settled without a trial. Especially complicated wrongful death cases, often involving multiple defendants, require a trial before a jury. And Blake Swan and his team has the experience and fight you want in a trial attorney.

We Fight Until You Get Paid

At the Swan Law Firm, we will guide you through the legal process and aggressively pursue your wrongful death claim, maintaining integrity and offering you compassion and understanding during this difficult time. We are committed to providing our clients with the best legal representation based on your needs and our professionalism. Your case will begin with a Free Consultation.

We are standing by ready to assist you 24/7. Call us now at Swan Law Firm 561-291-7492 or fill out the contact form below to schedule your free consultation.

Our Florida office is located at:

11410 Jog Road, Suite 100
Palm Beach Gardens, FL, 33410

Our telephone number is: 561-291-7492

Or email Blake Swan at: bswan@swanlawfirm.com

Frequently Asked Questions

How do I prove negligence in a wrongful death case? Proving a case is never easy, especially when a key witness is no longer available to give testimony. However, negligence can be proven through other evidence and testimony. That evidence and testimony needs to be identified and preserved when the physical evidence is still available and memories are still fresh. A thorough investigation carried out close to the time of the fateful events is in the best interests of the family. That’s why you want to contact an experienced wrongful death attorney as soon as possible.

To succeed in a wrongful death action based on negligence, four elements must be established:

• There was a duty of care owed to your deceased loved one
• That duty of care was breached
• Your loved one died as a direct result of that breach of the duty of care
• Determining damages

Can I still file a wrongful death claim if criminal charges were not filed or the accused was found not guilty? Yes, the standard of proof in a civil case is less than required in a criminal prosecution. A civil suit requires that each required element be established by a “preponderance of the evidence.” A criminal conviction requires “beyond a reasonable doubt.” Therefore, even without an indictment or a guilty plea or verdict, a civil suit for wrongful death might still be successful.