While money will never take away the trauma and pain of your loss, you could be entitled to compensation if you’ve recently lost a family member in a fatal accident in Palm Beach Gardens, Florida. You can offset the financial burdens of your loss through a wrongful death lawsuit and get a sense of closure. The experienced Palm Beach Gardens wrongful death lawyers at Kibbey Wagner, PLLC, can help you fight to maximize your financial recovery.
Since 2014, our award-winning Florida litigators have helped grieving families fight back and demand justice after their lives have been turned upside down because of tragic accidents.
Putting 40+ years of experience behind every case, we’ve helped our clients win over $60 million in damages and benefits in cases involving car accidents, Palm Beach Gardens motorcycle accidents, truck accidents, bicycle accidents, and more.
Those responsible for your devastating loss can’t be allowed to walk away without consequence. Call our law office at (561) 944-4000 in Palm Beach Gardens, FL, to discover how we can help your family get the money it deserves, or contact us online. We offer a free consultation, so reach out for help today.
How Kibbey Wagner, PLLC Can Help After a Fatal Accident in Palm Beach Gardens, FL
Losing someone you love is never easy. It can be even more difficult when you’re robbed of the opportunity to say goodbye. When their death could have been avoided but happened because of another person’s negligence or wrongful actions, you have the opportunity to hold liable parties accountable.
While at-fault parties and insurance companies might feign sympathy, knowing they’re not on your side is important. They’re not looking out for your best interests during this incredibly challenging season of your life. They’re going to prioritize their profits and self-interests over what’s best for you right now.
That’s where our Palm Beach Gardens personal injury lawyers can help.
We understand that you’re going through something unimaginable right now. We know that you probably have a million questions and that you might be unsure about what to do – or how. Let us take on your fight for compensation so that you can focus on grieving your loss and moving forward with your life.
- Help you understand your legal rights and options
- Outline your options for a financial recovery
- Devise a strategy to maximize the compensation you’re awarded
- Carefully investigate the circumstances surrounding your family member’s fatal accident in Palm Beach Gardens
- Gather evidence that can be used to establish liability and strengthen your wrongful death claim for damages
- Work closely with medical professionals, forensic specialists, financial experts, and other experts
- Handle settlement negotiations with the insurance provider and other parties
- Prepare to bring your wrongful death lawsuit to trial in Palm Beach County, FL, if necessary
Losing a family member can have a huge financial impact, especially if they were your primary source of financial support. We don’t want the cost of a wrongful death attorney in Palm Beach Gardens to complicate matters. That’s why our law firm works on a contingency fee basis. You pay absolutely nothing unless we win your wrongful death case.
Get in touch with a member of our compassionate legal team in Palm Beach Gardens to learn more. We’re always available to schedule a time for a free case evaluation – 24/7/365.
How Does Florida Define Wrongful Death?
Under state law, the right of litigation transfers from the decedent to their estate. This gives the estate the right to seek compensation that the beneficiaries experience as a result of a close family member’s avoidable death.
Wrongful Death vs. Survival Actions
It’s important to distinguish wrongful death lawsuits from survival actions. They can both arise after the death of a victim in a Florida accident. However, they serve different purposes.
A wrongful death lawsuit is initiated on behalf of – and for the benefit of – the decedent’s surviving family members. The purpose is to compensate the family for the damages they experience in the wake of their loss.
A survival action is initiated on behalf of the victim who dies in an accident in PGB, FL. In Florida, a survival action can only be brought by the decedent’s estate if the victim survived their injuries for a period of time. In these situations, the survival action seeks compensation that the victim would have been able to pursue if they’d lived.
We Handle All Types of Wrongful Death Cases in Palm Beach Gardens
Ultimately, any type of traumatic accident or incident can result in death.
At Kibbey Wagner, PLLC, we stand up and fight for families who have lost loved ones as a result of:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Uber and Lyft accidents
- Boating accidents
- Maritime accidents
- Construction accidents
- Workplace accidents
- Nursing home abuse
- Medical malpractice
- Birth injury
- Catastrophic injury, including amputation, brain injury, burns, and spinal cord injury
- Swimming pool accidents
- Dog bites
- Child injury
- Matters of premises liability
- Accidents involving defective products
- And more
Don’t hesitate to contact our wrongful death attorneys in Palm Beach Gardens if you’ve experienced the devastating loss of a family member in a recent accident. We’re here to help you make sense of your legal rights and formulate a strategy to get the financial justice your family deserves.
Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, the right to file a wrongful death lawsuit is reserved for the personal representative of the decedent’s estate.
Typically, this is a spouse or another close family member named in the victim’s last will and testament. If a victim dies intestate (without a will), a personal representative is appointed by the court. Again, this is typically someone who shared a close relationship with the victim.
What Benefits Can Be Awarded in a Palm Beach Gardens Wrongful Death Action?
Florida limits the types of compensation that can be awarded in a wrongful death action. The types of damages available depend on whether the claim is filed on behalf of the victim’s estate (survival action) or the victim’s family (wrongful death claim).
Damages Awarded to the Victim’s Estate
The victim’s estate can seek compensation for things that the victim would have been entitled to receive if they’d lived, including:
These types of damages are usually limited to the time between when the victim’s injury was inflicted and their date of death.
Damages Awarded to the Victim’s Beneficiaries
The personal representative can also seek compensation for damages incurred by the victim’s surviving family members, including:
- Funeral and burial expenses
- Lost financial support (including wages, income, and benefits)
- Lost value of household services
- Loss of spousal companionship
- Loss of parental companionship and guidance
- Emotional distress
Punitive damages can also be awarded in Florida wrongful death cases. In these situations, a jury must determine that the victim’s death was the result of a defendant’s intentionally harmful or grossly negligent actions.
What Happens if the Decedent Contributed to Their Fatal Accident in Palm Beach Gardens?
Shared fault for a fatal accident in Palm Beach Gardens can affect a family’s ability to recover compensation in a wrongful death action.
Simply put, the victim’s contribution to their accident will limit how much money can be awarded in related survival actions and wrongful death claims.
Under Florida’s modified comparative negligence rule, damages are reduced in direct proportion to fault. If a victim is assigned 15 percent fault for their fatal accident, damages in related civil actions are reduced by 15 percent. However, sharing too much blame can be a bar to compensation.
Your family member is not around to tell their side of the story or fight back against claims of contributory negligence. Our wrongful death attorneys in Palm Beach Gardens will stand up and give them a voice. We’ll fight back and work to protect your right to compensation – as well as their good name.
What’s the Statute of Limitations for Florida Wrongful Death Lawsuits?
Florida law provides a two-year window for wrongful death lawsuits.
This gives the personal representative until the second anniversary of a victim’s death to initiate a claim for damages.
Once time is up, the right to seek compensation is lost forever.
Schedule a Free Consultation With an Experienced Palm Beach Gardens Wrongful Death Lawyer
Put yourself in the best position to get the compensation you need and deserve after a fatal accident in Palm Beach Gardens, Florida. Call Kibbey Wagner, PLLC, and benefit from the experience of a top-rated Palm Beach Gardens wrongful death attorney.
We offer a free, no-obligation case evaluation. Contact our law office in Palm Beach Gardens, FL, to get started. A member of our skilled legal team is available to set up a time for your consultation today.
Our personal injury law firm in Palm Beach Gardens, FL also provides:
- Bicycle Accident Attorney in Palm Beach Gardens, FL
- Car Accident Lawyer in Palm Beach Gardens, FL
- Motorcycle Accident Lawyer in Palm Beach Gardens, FL
- Truck Accident Lawyer in Palm Beach Gardens, FL