Wrongful Death  Help Is Just a Call Away

Palm Beach Gardens Wrongful Death Lawyer

When a family member passes away, it’s an emotional and challenging time for everyone. However, when your loved one died because of someone else’s reckless behavior, negligence, or intentional acts, it’s understandable that you may be angry. Many clients come to us after a loved one is killed to find out their legal options. While filing a wrongful death lawsuit won’t bring your loved one back, it may help with the unexpected financial strain you’re suddenly facing. If you need assistance after a family member was killed, contact a Palm Beach Gardens wrongful death lawyer right away.

At Smith, Ball & Báez Injury Lawyers, our Florida personal injury attorneys are here to help. We understand what a traumatic time this is for you and your family. We will do our best to help build a strong case and fight for the compensation your family deserves.

Who has the Right to File a Wrongful Death Lawsuit in Florida?

Florida has strict laws on who can bring a wrongful death lawsuit on behalf of the family. While you might be the deceased’s spouse or child, only the personal representative of the estate can file the lawsuit. The personal representative is someone that the deceased named in their will or trust to handle probate and distribution of their assets.

Don’t despair, though, as the personal representative is just the one who files. It does not mean they will get any monies recovered. The money recovered in a wrongful death lawsuit would go to the victim’s spouse, children, parents, dependents, etc.

Types of Damages Recoverable in Wrongful Death Cases

Florida allows for the recovery of various types of damages in a wrongful death case. Some of the most common ones include:

  • Lost support and services, including future losses until the survivor’s death;
  • Loss of companionship, instruction, and guidance;
  • Your mental pain and suffering;
  • Lost benefits, wages, and the increased value of the estate had the deceased still lived;
  • Funeral and burial costs.

Wrongful death cases are about the survivors’ pain and suffering, not what the deceased went through before they passed away. There is a secondary claim called a survival action that allows the personal representative to file a lawsuit to collect for damages the victim could’ve pursued themselves. Damages in a survival action include:

  • Medical expenses;
  • Lost wages;
  • Physical damages; and
  • Pain and suffering.

Like a wrongful death claim, the personal representative is the one who brings the survival action. Any recovery in a survival action would be distributed to the estate’s beneficiaries, subject to intestate laws. Intestate laws determine how assets are divided when someone dies without a will or trust in place.

Contact a Palm Beach Gardens Wrongful Death Attorney

Pursuing a wrongful death claim is complicated. If you believe your family might have a valid case, it’s imperative to speak with an experienced attorney first. As this is understandably stressful and emotional for your family, it’s better to retain a lawyer who can navigate the legal system’s challenges. While no amount of compensation can bring your loved one back, let us help you hold the negligent party responsible.

Contact Smith, Ball & Báez Injury Lawyers today to schedule an initial consultation.

What Sets Us Apart

Committed to Fighting for Justice for the Injured
  • Over $100 Million Recovered

    Our results speak for themselves, and our team is dedicated to winning for you.

  • AV-Rated With Martindale Hubbell

    We are ranked by the most prestigious peer review rating an attorney can receive for high ethical standards and professional ability.

  • Over 65 Years of Experience

    With over 65 years of combined experience, our attorneys know what it takes to win for you while adhering to the highest ethical standards.

  • Award-Winning Attorneys

    Our attorneys are committed to excellence and are recognized for their hard work with many accolades from the legal community.

  • We're Not Afraid to Litigate

    We're trial lawyers at heart and don't shy away from the courtroom; we'll put our compassionate tenacity to work for you.

  • A Florida Firm With Extensive Resources

    No case is too big; we'll utilize our large network of experts, connections in the legal community, and deep well of resources to help you win.

Real Reviews from Real Clients

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    Nothing short of AMAZING.

    “If you are reading this there is no need to look any further! Nelson Baez, Kimberly Simpson, and the team have been nothing short of AMAZING.”

    - Darlene H.
    I will always call on Smith, Ball, & Baez, honest, fair, and family.

    “Called looking for a lawyer and was treated more like family. The first person that actually cared about my case other than myself. Marci Ball Elordi exceeded all my expectations, got me back everything I was owed, and more.”

    - Jeff B.
    5 stars are not enough.

    “5 stars are not enough. Scott Smith and his Team will fight for you while you are healing and recovering.”

    - Astrid J.
    I would recommend Marci Ball to anyone needing a good and caring attorney.

    “Attorney Marci Ball handled a case for me while I was going through personal trying times. She did so in a very professional and empathetic manner.”

    - Jeannine V.
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    “Marci Ball represented me when I got into a car accident. From the moment I entered her office, she treated me like family.”

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    “Amazing firm. Marci Ball & her team handled my case. They made sure everything was taken care of.”

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    “Great work! I received a clear and patient commutation. I felt my best interest was always the goal. Nelson and Kim presented as a strong team, who showed a lot of medical knowledge.”

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    “Mr. Smith and his staff were amazing every step of the way during the intimidating legal process to those of us who are not used to it.”

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    “Smith and Ball is unlike any other injury law firm! Marci and Scott set themselves apart from other attorneys not only in their work ethic, skill, and decades of experience but in their compassion and dedication to their clients!”

    - Andrea L.
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    “I had an accident a few years ago that really had a profound impact on my life. Scott was so patient and understanding and he really walked me through every step of the process.”

    - Former Client

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