Losing a loved one due to negligence is a profound tragedy, and navigating the legal process in connection with a wrongful death settlement can feel overwhelming.
At Bill Bone Law Group, we’ve helped families in West Palm Beach and Palm Beach County obtain fair settlements for over 25 years. This article explains how Florida courts handle wrongful death settlements, what factors influence the process, and how our experienced attorneys can assist.
You May Need This Article If:
- A loved one passed away due to a car accident, medical malpractice, or other negligent act in West Palm Beach.
- You’re unsure how to pursue a wrongful death settlement or who can claim compensation.
- You’re facing challenges with insurance companies or complex settlement negotiations.
- You want clarity on how Florida courts determine settlement amounts in Palm Beach County.
If you’ve lost someone you love due to negligence in West Palm Beach, you may be entitled to a settlement under Florida law. The knowledgeable and compassionate attorneys at Bill Bone Law Group are ready to fight for your rights.
Call us today at (561) 786-2641 for a free consultation.
What Is a Wrongful Death Settlement?
A wrongful death settlement is a financial agreement reached either through negotiation or court ruling to compensate surviving family members for the loss of a loved one caused by negligence, recklessness, or intentional acts.
The top causes of wrongful death in West Palm Beach often include motor vehicle accidents, medical malpractice, workplace incidents, and premises liability cases. These preventable tragedies show how negligence in different areas of daily life can have devastating consequences for families.
Governed by F.S. § 768.19, these settlements address damages like medical costs, lost income, and emotional suffering, aiming to provide financial relief without a lengthy trial. F.S. § 768.21.
How Florida Courts Handle Wrongful Death Settlements?
Wrongful death claims are governed by the Florida Wrongful Death Act. F.S. §§ 768.16–§768.26. Thus, Florida courts follow the Act to manage settlements. Key aspects include:
Eligibility: Only specific survivors – spouses, minor children, parents, or the estate’s representative – can seek a settlement. Notably, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit on behalf of all eligible survivors. F.S. § 768.20. - Damages: Courts consider economic damages (e.g., medical bills, lost wages) and non-economic damages (e.g., pain and suffering, loss of companionship). F.S. § 768.21.
- Negotiation Process: Most settlements are reached through mediation, where both parties, guided by attorneys, agree on compensation. Courts may approve or adjust settlements to ensure fairness, especially for minors. F.S. § 768.25.
- Statute of Limitations: Generally, claims must be filed within two years of the date of death. F.S. § 95.11(5)(e). Courts strictly enforce this deadline.
Courts in Palm Beach County prioritize equitable settlements, often reviewing proposed agreements to protect vulnerable parties.
What to Do to Obtain a Fair Settlement
Losing a loved one is profoundly difficult, and navigating a complex legal process is probably the last thing on your mind. When wrongful death occurs due to negligence or a wrongful act, families have the right to pursue justice through the courts.
But the steps you take right after a tragedy can make a real difference in your family’s ability to seek justice and obtain a fair settlement.
An experienced wrongful death attorney can help ensure you receive the financial compensation you deserve, covering not only lost income but also medical expenses related to the incident.
The key is collecting and preserving evidence that proves the other party’s negligence, which forms the foundation of any successful wrongful death claim in Florida.
Filing a Florida wrongful death lawsuit is often necessary to hold the responsible parties accountable and protect your family’s future. To strengthen your wrongful death settlement claim:
Gather Evidence
Your attorney will be the one to formally build your case, but the initial documentation you can collect is invaluable. This is the foundation of your claim. When a death is caused by someone else’s negligence, gathering strong evidence is crucial to secure justice and fair Florida wrongful death settlements.
Official Reports: Immediately after the incident, ensure the authorities are notified. For a fatal car accident in West Palm Beach, this means the West Palm Beach Police Department or the Palm Beach County Sheriff’s Office will generate an official accident report. These reports often become a key factor in determining wrongful death settlements paid to surviving families.- Medical Records and Bills: Collect all records from the date of the incident until the date of death. This includes ambulance reports, emergency room records, hospital stays, and any other medical treatments. These documents establish a direct link between the at-fault party’s actions and the death, a critical legal requirement known as “causation.” They also play a role in how wrongful death proceeds are calculated and later wrongful death proceeds are divided among beneficiaries.
- Eyewitness Statements and Photos: If possible, take photos or videos of the scene, any visible injuries, vehicle damage, and environmental factors like skid marks or road conditions. While emotional, also try to get the contact information of any witnesses. Their unbiased accounts can provide a neutral perspective that a police report may not fully capture, strengthening your case and helping maximize wrongful death settlements.
Document All Damages
Florida law allows for the recovery of both economic and non-economic damages. To ensure you receive full and fair compensation, you must meticulously document all losses.
Economic Damages: These are quantifiable financial losses. This includes not only medical and funeral expenses but also the financial support your loved one would have provided. Gather pay stubs, tax returns, and any other documents that prove their past and potential future income. The court considers the value of lost “support and services,” which includes things like lost income and benefits, as well as the value of household services your loved one provided, such as childcare, landscaping, or home maintenance.- Non-Economic Damages: These are harder to quantify but are often a major part of the settlement. In Florida, survivors can generally be compensated for the emotional and mental toll of their loss, including “mental pain and suffering.” A surviving spouse can also claim damages for the loss of “companionship and protection.” This is where the emotional impact of the loss is presented in legal terms, and it’s why a compassionate and skilled attorney is essential.
In West Palm Beach, families pursuing wrongful death claims may also seek damages for loss of consortium, which covers the loss of companionship, affection, and emotional support once provided by the deceased. These claims highlight the profound personal impact of a wrongful death beyond financial losses and are an important part of securing fair compensation.
Avoid Speaking to Insurers Alone
Insurance companies are for-profit businesses. Their primary goal is to minimize the amount of money they pay out. They may contact you very early in the process, often before you have time to grieve, with what seems like a generous offer. Many families facing wrongful death or personal injury claims fall into this trap.
This is often a “lowball” settlement that does not come close to covering your full losses, both economic and non-economic. Any statement you make to an insurance adjuster can be used against you later to devalue your claim. For example, families may be left struggling to cover funeral and burial costs without proper settlement funds.
It is crucial to decline to provide a recorded statement and to immediately direct all communications to your attorney. An experienced personal injury attorney can provide the legal guidance you need, advise when to take legal action, and help you seek compensation for all damages owed.
Hire an Attorney Early
Given the strict two-year statute of limitations for most wrongful death claims in Florida, time is of the essence. Hiring an attorney early in the process is the single most important step you can take:
Protecting Your Rights: An attorney will handle all communications with insurance companies, protecting you from making a costly mistake. They will also ensure your claim is filed correctly and on time, preventing you from losing your legal rights forever. Working with a wrongful death lawyer ensures that every step of the process is managed with your family’s best interests in mind.
Conducting a Thorough Investigation: Your lawyer will launch a comprehensive investigation, often using private investigators, accident reconstruction experts, and other specialists to prove negligence and causation. They can secure evidence you would not be able to get on your own. A skilled wrongful death attorney will know exactly how to build a strong case to hold the responsible parties accountable.
Valuing Your Claim: A knowledgeable attorney understands how to properly value both your economic and non-economic damages to ensure you are not taken advantage of. They will negotiate aggressively on your behalf to secure the maximum possible settlement, and if a fair settlement cannot be reached, they are prepared to take your case to trial. This process is especially important in wrongful death cases, where the losses suffered by surviving family members go far beyond financial expenses.
The settlement process is extremely complex, but Bill Bone Law Group’s experienced team can guide you to a fair outcome.
Ready to Speak With a Lawyer?
Bill Bone Law Group has won fair wrongful death settlements for thousands of Florida families. Our dedicated wrongful death lawyers provide compassionate representation for surviving family members seeking justice.
Don’t let insurance companies or legal complications stand in your way—speak with a trusted wrongful death attorney today.
Call us today at (561) 786-2641. To learn more, visit our Wrongful Death Practice Area page.
Note this information so you are aware of how Florida courts handle wrongful death settlements.
