Wrongful Death Lawyers
The emotional pain associated with losing a loved one can feel debilitating, especially when the death of someone you love is the consequence of conduct that could have and should have been avoided. We know that no amount of money can compensate someone for the loss of a loved one, but at Barbuto & Johansson, P.A., we have dedicated ourselves to helping people cope with the financial, legal and insurance complications that can accompany the loss of a family member. If the loved one who has been taken from you was the breadwinner in the family or had substantial medical expenses prior to their passing, the emotional challenges you face may be compounded by financial stress, anxiety and concerns about an uncertain future.
At Barbuto & Johansson, P.A., we pride ourselves on providing personal attention to each of our clients. We understand that your loved one was a mother, father, brother, sister or child, not just a number or case file. We will represent the interest of your loved one with respect, compassion and zealous advocacy.
If you wish to speak with one of our experienced Palm Beach County wrongful death lawyers at Barbuto & Johansson, P.A., we are available to answer your questions and help relieve some of the financial, legal and insurance burden facing you at this difficult time so please contact us at 561-444-7980.
Understanding Wrongful Death Claims in Florida
A wrongful death claim is a civil lawsuit that may be filed when the negligence or wrongful act of one party causes the death of another person. Florida law states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it.
In order to recover damages for the wrongful death of a loved one, the surviving family must be able to prove the following factual basis for the claim:
- The person at fault acted, or failed to act, in such a way as to cause the death.
- If the victim had survived, he or should would have been entitled to recover for damages.
- There are surviving family members of the victim’s family.
Wrongful conduct that causes the death of another person can involve many types of accidents. Some examples of accidents include:
- Nursing home abuse
- Serious motor vehicle crashes
- Workplace and industrial accidents
- Slip, Trip and Fall Accidents
- Automobile collisions involving pedestrians or bicyclists
- Tractor-Trailer (Commercial Trucking) Collisions
- Fatal motorcycle crashes
- Motor vehicle accidents caused by distracted or reckless drivers
- Accidents at a construction site
- Drunk driving accidents or vehicular manslaughter
- Other actions by a third party that resulted in fatality of another
Who Can File a Wrongful Death Claim?
Typically persons who have been directly financial and emotionally impacted by the loss of the decedent may file a claim. This could include the:
- Dependent children
- Immediate family members such as a sibling
In some cases the ex-spouse of the decedent may be entitled to compensation if they are taking care of dependent children. Before any case is brought, an probate Estate would need to be opened for the court to appoint a Personal Representative. Our attorney, Anthony M. Barbuto, has a significant amount of experience opening probate cases, and therefore, Barbuto & Johansson, P.A. can also assist you with this aspect of the wrongful death process.
We know that following the death of someone you love legal, financial and insurance complications are not high on most people’s list of priorities. Our experienced Florida wrongful death lawyers will handle these administrative and legal issues so that you can focus on your emotional recovery. Barbuto & Johansson, P.A. will advise you of your rights and seek the compensation that you need to ease the financial pressure accompanying your loss. Call the firm today at (561) 444-7980.
Wrongful Death Attorneys serving Wellington, Loxahatchee, Loxahatchee Groves, Palm Beach, Royal Palm Beach, Green Acres, The Acreage, Westlake, West Palm Beach and throughout the states of Florida, California and New Jersey.