Wrongful Death

Gavel and Steth

Nothing is more painful than the death of a loved one. When the death is needless, and prevents the individual from living out a full life, the loss can be emotionally excruciating. And if the survivors depended upon the loved one for financial support, they can be left economically disadvantaged while mourning their loss. Wrongful death attorney in West Palm Beach Stephen J. Press takes a keen interest in protecting the rights of clients who have lost loved ones through the negligence or intentional acts of another.

Florida’s Statute on Wrongful Death

Florida Statute §768.21 defines the rights of survivors to recover damages in wrongful death cases. It does not matter whether the loss resulted from negligence or was intentional—a criminal act does not preempt the rights of survivors from seeking compensation.

Wrongful death claims are brought on behalf of survivors, and not the decedent. Usually the spouse and dependent children are the potential beneficiaries under Florida law. Our wrongful death attorney in West Palm Beach Stephen J. Press will work with these individuals to recover lost financial support, both present and future with interest. The decedent’s life expectancy, as well as that of the survivors, will be taken into account.

If, for instance, the surviving spouse is a 42-year-old female with two children age 10 and 14, actuarial tables will be used to determine how long the former is likely to live. The probable earnings over the lifetime of the deceased spouse will be calculated in a formula with this number. These earnings will include promotions the spouse likely would have received. The children’s loss of financial support will be calculated from the date of the parent’s death until they reach majority.

Loss of Companionship, Mental Suffering

While the financial hardship caused by the death of a loved one can be great, Florida courts also recognize certain intangible factors in allowing compensation as well. Wrongful death attorney in West Palm Beach Stephen J. Press will work hard to help the spouse and children of a decedent recover damages for loss of consortium (companionship) and mental anguish. This aspect of Florida law is particularly important for parents who lose a child. The wrongful death of a child can leave them with emotional scars which never heal.

Call Our West Palm Beach Wrongful Death Attorney for Assistance

West Palm Beach personal injury lawyer Stephen J. Press provides compassionate legal services to clients who are suffering from the wrongful death of a loved one. Please call Mr. Press for a free consultation at your earliest convenience at (888) 808-2772.