Losing a loved one is one of the most devastating experiences a family can endure, especially when that loss is due to someone else’s negligence. If you are facing the aftermath of a wrongful death, Roselli McNelis is here to support you during this difficult time. Our experienced Boca Raton wrongful death attorneys will fight to ensure that the responsible parties are held accountable and that your family receives the compensation you deserve.
At Roselli McNelis, we understand the emotional toll that a wrongful death can have on you and your family. We provide compassionate and personalized legal counsel throughout the entire process, so you can focus on healing while we handle the legal complexities.
Why Choose Roselli McNelis?
Choosing the right attorney to handle a wrongful death case is crucial. At Roselli McNelis, we pride ourselves on delivering results while providing the utmost care and attention to our clients. Here’s why families in Boca Raton and throughout South Florida trust us:
- Personalized Attention: Our attorneys work directly with you and your family, providing regular updates and ensuring that all your questions and concerns are addressed.
- Experienced Representation: With over 60 years of combined experience, we have the expertise to guide you through the legal system and achieve the best possible outcome for your case.
- No Fees Unless We Win: We understand the financial strain that comes with losing a loved one. That’s why we operate on a contingency fee basis, meaning you don’t pay unless we recover compensation for you.
What Is Wrongful Death?
Wrongful death occurs when someone’s negligence or intentional actions cause another person’s death. Under Florida law, wrongful death can result from various incidents, including negligence, breach of contract, or intentional harm. If your loved one would have been able to file a personal injury claim if they had survived, your family likely has the grounds to pursue a wrongful death lawsuit.
Common causes of wrongful death include:
- Car accidents
- Medical malpractice
- Defective products
- Workplace accidents
- Acts of violence
No matter the cause, our team will work tirelessly to investigate the circumstances surrounding the death, identify the responsible party, and hold them accountable.
Filing a Wrongful Death Claim in Florida
Which individuals have the right to bring a Wrongful Death Claim for the death of a loved one, usually depends on the law of the jurisdiction where the incident occurred. By contacting a knowledgeable and experienced personal injury lawyer, you will be able to determine whether or not you have a claim for the loss of a loved one. In Florida, once it is determined that a viable cause of action exists for Wrongful Death, it is necessary that a Probate Estate be opened, and someone be appointed as the Personal Representative of the Estate.
It is the Personal Representative, who will be the person who brings the cause of action on behalf of the Estate, and on behalf of the individual Survivors of the decedent who have claims. If the decedent has a Will, it will usually designate the Personal Representative. If the Personal Representative has not been designated, our Attorneys will assist in having Probate Attorneys open the Estate in the Probate Court and have the Personal Representative appointed , such as a Spouse, or Parent, or other appropriate person, depending on the circumstances of the particular case. The Law of the State where the claim will be brought will determine who will be the appropriate person to bring the claim.
Who Can Receive Compensation?
The individuals who may recover damages in a Claim for the death of a loved one, are usually designated by the Laws of the State where the incident occurs and where the claim for damages is brought. Under Florida Law, the Wrongful Death Act specifies the potential beneficiaries who may recover damages for Wrongful Death as: the Decedent’s Estate, and the Decedent’s Survivors. The Potential Survivors are defined in the Florida Wrongful Death Act as: the Decedent’s Spouse, Children, Parents; and, any Blood Relatives and Adoptive Brothers and Sisters who are dependant on the Decedent for support or services. The defined Survivors may not all be eligible as Survivors to recover damages under Florida Law in all cases. For example, when there is a Surviving Spouse of a Decedent, those Children who are able to recover damages must be under the age of 25. Parents of a deceased Adult Child (over the age of 25) may recover damages if the decedent had no surviving Spouse or Children.
In Medical Malpractice Actions, there are also limitations on the eligible Survivors. For example, when the Decedent is a Parent, the Adult Children (over the age of 25) do not have a claim. In addition, in Medical Malpractice Actions, when the Decedent is an Adult Child, the Parents of the Decedent would not have a claim. Our Attorneys are trained and experienced in determining the rights of all the potential Survivor’s in a Wrongful Death Claim, and will fully protect the rights of all eligible family members of the Decedent, while maximizing their potential recoveries.
While only the personal representative can file the lawsuit, surviving family members can receive compensation through a wrongful death claim. Eligible family members typically include:
- The deceased person’s spouse
- Children of the deceased
- Parents of the deceased
- Other dependent family members, such as siblings or grandparents
The compensation available in wrongful death cases can cover a wide range of damages, including:
- Medical bills: Compensation for any medical treatment the deceased received before passing.
- Funeral and burial expenses: Financial support to cover the cost of laying your loved one to rest.
- Lost wages and benefits: Compensation for the financial support the deceased would have provided to their family.
- Pain and suffering: Emotional distress and suffering caused by the loss of your loved one.
- Loss of companionship: Compensation for the emotional loss suffered by the surviving spouse or children.
Statute of Limitations for Wrongful Death Lawsuits
The Statute of Limitations, is the time within which you must file a lawsuit and/or any formal claim notice as may be required by State Law. If your claim or lawsuit is not brought properly before the expiration of the applicable Statute of Limitation, any claim for damages will be barred. Calculating the Statue of Limitations, may not always be clear. Many times, particularly in Medical Malpractice cases, it takes a skilled and experienced attorney who specializes in these cases, and only after review of the medical records to be able to appropriately determine the applicable limitations date.
Under Florida Law, the Statute of Limitations for Wrongful Death Claims is two (2) years from the date of death. This requires that a lawsuit for Wrongful Death, from General or Statutory Negligence, must be filed prior to the end of the two year period which began to run when the victim of the negligence died. In Medical Malpractice Claims, the “Formal Presuit Statutory Notice of Intent”, must be served upon the Potential Defendants prior to the end of the two year limitations period.
Damages Recoverable in Wrongful Death Claims
For Eligible Survivors: Mental Pain and Suffering (Grief); Loss of Support and Services; Loss of Protection and Companionship; Loss of Parental Companionship, Instruction, and Guidance.
Proving Negligence in a Wrongful Death Case
To succeed in a wrongful death lawsuit, you and your attorney must prove that the at-fault party’s negligence caused your loved one’s death. This involves establishing the following elements:
- Duty of Care: The at-fault party owed your loved one a duty of care. For example, a doctor has a duty to provide competent medical care, or a driver has a duty to operate their vehicle safely.
- Breach of Duty: The at-fault party breached their duty of care through negligence or wrongful actions. For instance, a driver running a red light or a doctor making a medical error.
- Causation: The breach of duty directly caused your loved one’s death. You will need to provide evidence, such as witness statements, medical records, or expert testimony.
- Damages: You and your family have suffered financial, emotional, or physical harm as a result of your loved one’s death.
At Roselli McNelis, we will thoroughly investigate your case, gather the necessary evidence, and build a strong argument to prove negligence.
Common Defenses in Wrongful Death Cases
Wrongful death cases are often complex, and the at-fault party may attempt to defend themselves using several common strategies. For example, they may claim that they weren’t responsible for the death or that the deceased was partially at fault.
Our attorneys are experienced in countering these defenses. We will build a compelling case to ensure the responsible party is held accountable and that your family receives the compensation you deserve.
Compassionate Legal Representation for Families
At Roselli McNelis, we understand that no amount of money can replace your loved one, but we believe in helping families find justice and financial relief during such a difficult time. We take a compassionate approach to wrongful death cases, providing you with personalized attention and keeping you informed every step of the way.
If you’ve lost a loved one due to someone else’s negligence, contact Roselli McNelis today for a free consultation. We will review your case, explain your legal options, and help you pursue the compensation you deserve. Let us support you in this difficult time and fight for justice on behalf of your loved one.
Let Our Attorneys at ROSELLI ♦ McNELIS Fight for You
To Obtain Full and Fair Compensation for Your Injuries and Damages.
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