Wrongful Death Lawyer Protecting the Rights of Families in Florida
After a death due to negligence, our law firm helps Florida families demand justice
When you lose a family member in a fatal accident of any sort, it can create a situation that is so emotionally overwhelming that it becomes difficult to fully comprehend what the repercussions for your family’s future are. Not only do you lose the companionship and guidance provided by your loved one, but everything your family has built together can be put at risk.
If the death was caused by someone else’s negligence, it can make everything seem that much more unfair. However, this situation might also provide you with the opportunity to pursue justice through financial compensation by filing a wrongful death claim. An experienced wrongful death lawyer can handle the legal process on your behalf, allowing you to focus on your family and your grief.
Based in Palm Beach Gardens, Florida, the dedicated legal team at The Law Offices of Casey D. Shomo, P.A. understands the complexities of wrongful death cases. Mr. Shomo is a caring and compassionate wrongful death lawyer who can handle the legal process on your behalf, allowing you to focus on your family during these most challenging times. Our law firm is committed to providing compassionate guidance and dedicated representation as you seek the compensation and closure your family deserves.
“Mr. Shomo helped me and my family during some very difficult times. He showed true compassion and concern. Every step of the difficult way, he was there. I would recommend him highly if you are looking for someone with integrity and sincerity.” – Dawn A.H., ⭐⭐⭐⭐⭐
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Frequently asked questions about Florida wrongful death claims
- What is wrongful death?
- What is the difference between a wrongful death claim and a survival action?
- What are common causes of wrongful death in Florida?
- What evidence is needed to prove wrongful death?
- What types of damages can I pursue in a Florida wrongful death claim?
- Who can file a wrongful death claim in Florida?
- How is compensation distributed among surviving family members?
- How long do I have to file a wrongful death lawsuit in Florida?
- Can a wrongful death lawsuit be settled out of court?
Our wrongful death case results
Among Mr. Shomo’s meaningful case results is a $10,900,000 outcome in a case involving a seat belt and seat back failure that tragically led to death. This outcome emphasizes Mr. Shomo’s commitment to holding negligent parties accountable and achieving substantial results for families facing the profound loss of a loved one.
What is wrongful death?
Wrongful death occurs when someone’s passing is caused by another person or party’s wrongful actions, negligence, or breach of duty. It is a legal action brought on behalf of the deceased person’s estate to seek financial compensation for the loss of life. This legal concept is different from criminal charges like homicide, which are pursued by the state.
In simpler terms, a wrongful death lawsuit aims to hold the responsible party accountable for their actions or negligence that led to the death. This legal process seeks to provide justice for the deceased and their surviving family members by seeking compensation for the loss and any related damages caused by the wrongful death.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim seeks compensation for surviving family members who suffer financial and emotional losses due to their loved one’s death. In Florida, only the personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of eligible family members.
A survival action, on the other hand, is a lawsuit that allows the deceased’s estate to recover damages the victim could have claimed had they survived. This includes medical expenses, pain and suffering, and lost wages incurred between the injury and death.
If your loved one’s passing was caused by negligence, you may have grounds for both a wrongful death lawsuit and a survival action. A Florida wrongful death lawyer at The Law Offices of Casey D. Shomo can help you understand your legal options and pursue the maximum compensation available under Florida law.
What are common causes of wrongful death in Florida?
Wrongful death can occur in many situations where negligence or misconduct leads to a fatal accident. In Florida, some of the most common causes of wrongful death include:
- Car, truck, and motorcycle accidents caused by reckless or impaired drivers
- Medical malpractice, including surgical errors, misdiagnoses, and medication mistakes
- Workplace accidents, especially in construction and industrial jobs
- Defective products, such as faulty airbags or unsafe medical devices
- Premises liability accidents, including fatal falls or drowning in unsafe pools
- Nursing home neglect or abuse leading to fatal injuries or medical complications
If you lost a loved one due to someone else’s negligence, you may have a wrongful death lawsuit in Florida. Our Palm Beach County law firm can help you hold the responsible party accountable and seek justice for your family.
What evidence is needed to prove wrongful death?
To successfully pursue a wrongful death lawsuit in Florida, you need strong evidence proving that negligence directly caused your loved one’s death. Some key pieces of evidence include:
- Accident reports from law enforcement or workplace investigations
- Medical records documenting injuries, treatment, and cause of death
- Witness statements from bystanders, co-workers, or medical professionals
- Expert testimony from accident reconstructionists or medical experts
- Video footage from traffic cameras, surveillance, or dashcams
- Financial records proving lost wages, medical expenses, and other damages
Gathering and presenting this evidence can be challenging, especially while grieving the loss of a loved one. The Law Offices of Casey D. Shomo can handle these legal challenges, collect the necessary documentation, and build a strong case on your behalf.
What types of damages can I pursue?
When a loved one’s passing is caused by someone else’s negligence or wrongful actions, a wrongful death lawsuit can be brought on behalf of a certain individual to seek compensation for the losses incurred as a result. Generally, two types of damages are awarded in wrongful death cases: economic and non-economic damages.
Economic damages:
- Medical expenses incurred before the loved one’s passing
- Funeral and burial expenses
- Loss of financial support
- Loss of inheritance or financial benefits
Non-economic damages:
- Loss of companionship
- Loss of consortium
- Pain and suffering experienced by the deceased before their passing
- Emotional distress and mental anguish suffered by surviving family members
Who can file a wrongful death claim in Florida?
Wrongful death lawsuits are not just about the money —they are a way for those closest to the deceased to address the heavy burdens that come with such a loss. By allowing certain individuals to file these claims, the legal system recognizes the huge impact losing a family member can have on every part of life. Not everyone is permitted to file a wrongful death lawsuit in Florida; only the following can:
- Spouse or domestic partner
- Child or stepchild
- Parent or sibling
- Financially dependent blood relative
- Financially dependent adoptive sibling
- The personal representative of the deceased’s estate
How is compensation distributed among surviving family members?
In Florida, wrongful death compensation is awarded to eligible surviving family members based on financial dependence and their relationship with the deceased. The damages are typically distributed as follows:
- A spouse may recover loss of companionship, emotional suffering, and lost income
- Children (minor and sometimes adult) may receive compensation for loss of parental guidance and support
- Parents can recover damages for emotional distress if their child was a minor (sometimes for adult children as well)
- Financially dependent relatives may receive compensation for lost support
How long do I have to file a wrongful death lawsuit in Florida?
In Florida, there is a time limit known as the “statute of limitations” for filing a wrongful death lawsuit. Generally, you have two years from the date of the individual’s passing to initiate legal action. However, the deadline can vary depending on the circumstances. So, if you believe you have a wrongful death claim, seek legal guidance as soon as possible to ensure that you take the necessary steps within the statute of limitations period.
Can a wrongful death lawsuit be settled out of court?
Many wrongful death lawsuits in Florida are settled outside of court. A settlement allows you to receive compensation faster without the uncertainty of a trial. Settlement negotiations typically involve:
- Determining liability based on available evidence
- Calculating damages, including medical costs, lost wages, and emotional suffering
- Negotiating with insurance companies or opposing legal teams
While settlements can be a practical resolution, not all offers are fair. Insurance companies often try to reduce payouts. If a fair settlement can’t be reached, Attorney Casey Shomo and his legal team can take your case to trial to fight for full and fair compensation.
Do I need to hire a wrongful death attorney?
Suffering the loss of a loved one is always a profoundly traumatic ordeal, especially when their passing stems from another party’s negligence or wrongdoing. At The Law Offices of Casey D. Shomo, P.A., we are devoted to holding accountable those responsible and obtaining the compensation necessary to cover funeral costs, lost income, loss of companionship, and other related damages.
Let Mr. Shomo and his team help you through the traumatic aftermath of your family member’s fatal accident. We understand civil tort law, and we’ll give your case the benefit of our full attention and knowledge. Get the settlement your family deserves; you shouldn’t have to accept anything less.
To discuss the details of your case with a compassionate wrongful death lawyer in Florida, schedule a free, no-obligation case evaluation. Simply complete the online contact form on this page or give us a call at 561-659-6366. Get the legal help your family needs to protect what you’ve been working toward.