Losing someone you love is always devastating. When that loss is caused by someone else’s carelessness or misconduct, the grief is compounded by anger, confusion, and a deep sense of injustice.
At Frankl Kominsky Injury Lawyers, we understand what you’re going through. Our West Palm Beach wrongful death lawyers are here to help you seek the accountability and compensation your family deserves, while treating your case with the compassion and personal attention it requires.
Wrongful death cases aren’t just legal matters—they are deeply personal. We know that no amount of money will ever replace your loved one. But taking legal action can help secure your family’s future, uncover the truth, and bring a small measure of closure after a senseless loss.
Why Choose Frankl Kominsky as Your West Palm Beach Wrongful Death Attorney?
When you’re grieving the loss of a loved one, the last thing you should worry about is legal paperwork, insurance companies, or proving your right to compensation. That’s where we come in.
At Frankl Kominsky Injury Lawyers, we provide hands-on, personalized representation to every family we serve. Here’s what sets us apart:
- We never settle for less. We fight for every dollar your family deserves and take cases to court when needed.
- We treat you like family. This isn’t just a case to us. We care deeply about your story, and we honor your loved one’s memory by pursuing justice on your behalf.
- We’re known for results. Our attorneys have recovered millions for injured clients and bereaved families across South Florida.
- We handle everything. From start to finish, we take care of the investigation, filings, negotiations, and—if necessary—trial proceedings so that you can focus on healing.
- We’re local and accessible. With offices in Boynton Beach, Port St. Lucie, and Pompano Beach, we proudly serve families in West Palm Beach and throughout Palm Beach County.
What Is Considered a Wrongful Death in Florida?
Not all tragic deaths are considered “wrongful” under the law. A wrongful death occurs when someone is killed due to another party’s negligence, recklessness, or intentional act. Florida’s Wrongful Death Act allows surviving family members to pursue damages against the responsible parties.
Common causes of wrongful death include:
- Fatal car, truck, or motorcycle accidents
- Deadly slip and fall or premises liability incidents
- Medical malpractice resulting in death
- Defective or dangerous products
- Workplace accidents caused by third parties
- Fatal injuries in nursing homes or long-term care facilities
- Acts of violence or abuse, including sexual abuse or assault
Even if criminal charges are filed, a wrongful death lawsuit is a separate civil action. You do not need a conviction to pursue a claim in civil court. Our team can help you explore all your legal options during this difficult time.
Who Can File a Wrongful Death Claim in Florida?
Florida law limits who can file a wrongful death lawsuit. The personal representative (or executor) of the deceased person's estate must file the claim on behalf of eligible survivors. These survivors may include:
- A surviving spouse
- Children (including adult children)
- Parents of a minor child
- Dependent blood relatives or adoptive siblings
- The estate itself, for certain economic losses
Each survivor’s eligibility to recover damages depends on their relationship to the deceased. For instance, a spouse may recover compensation for the loss of financial support, loss of companionship, and mental anguish, while children may claim the loss of parental guidance. Parents can recover damages when a minor child dies, and the estate may recover for medical and funeral costs, as well as lost earnings the deceased would have contributed.
We can help you determine who qualifies as a beneficiary under Florida law and ensure the claim is filed properly and within the required time frame.
The Legal Elements of a Wrongful Death Case
To succeed in a wrongful death case in Florida, four core elements of negligence must be established. These elements form the foundation of most personal injury and wrongful death claims:
A legal duty of care
We must show that the defendant owed your loved one a duty to act with reasonable care. This could be a driver’s duty to obey traffic laws, a doctor’s duty to provide competent medical care, or a property owner’s duty to maintain safe premises.
Breach of duty
Next, we must demonstrate that the defendant breached that duty—either through action or inaction. Examples include running a red light, failing to diagnose a medical condition, or ignoring a safety hazard.
Causation
There must be a clear connection between the defendant’s breach and your loved one’s death. In other words, the breach must have directly caused the fatal injury.
Damages
Finally, your lawyer must show that the survivors suffered measurable damages as a result. These may include financial losses, emotional pain, and loss of support or services.
Wrongful death cases often involve multiple defendants, especially in commercial vehicle crashes, product liability claims, or medical negligence cases. At Frankl Kominsky Injury Lawyers, we maximize the value of your claim by thoroughly investigating every angle of your case and identifying all parties who may be held accountable.
What Damages Can You Recover in a Wrongful Death Lawsuit?
In Florida, survivors may pursue both economic and non-economic damages. Depending on your relationship to the deceased and the facts of the case, you may be entitled to:
- Medical expenses incurred before death
- Funeral and burial costs
- Loss of financial support and future income
- Loss of companionship, guidance, or parental support
- Emotional pain and suffering
- Loss of household services
- Loss of inheritance in some situations
In rare cases involving gross negligence or intentional harm, punitive damages may also be awarded. These are designed to punish the wrongdoer and deter future misconduct.
Time Limits for Filing a Wrongful Death Claim in Florida
Wrongful death claims are subject to a strict deadline known as the statute of limitations. In Florida, you typically have two years from the date of death to file a wrongful death lawsuit. Missing this deadline may result in your case being permanently dismissed.
Certain circumstances—such as cases involving government entities or medical malpractice—may involve different deadlines or pre-suit requirements. Don’t risk losing your right to justice. Contact our team of experienced West Palm Beach wrongful death lawyers as soon as possible to protect your family’s legal rights.
How Are Wrongful Death Cases Investigated?
A thorough investigation is key to proving wrongful death claims. We approach every case with the precision and diligence it deserves. We begin by listening carefully to your account and gathering all available facts. Then we take swift action to preserve evidence, identify liable parties, and begin building a strong legal foundation.
What our investigations often include:
- Securing official records – such as police reports, medical records, autopsy results, or workplace safety inspections
- Interviewing witnesses – including those at the scene, first responders, and others with key insight
- Consulting with independent experts – such as accident reconstruction specialists, medical experts, or product engineers
- Reviewing surveillance or dash cam footage – if available
- Analyzing insurance policies – and identifying all available coverage, especially in multi-party claims
Because evidence can disappear quickly, starting an investigation very soon after a wrongful death accident is essential. Even if you’re still unsure about filing a lawsuit, an initial consultation with our wrongful death attorneys can help preserve your legal options moving forward.
Common Wrongful Death Scenarios in West Palm Beach
West Palm Beach and the surrounding region see a wide variety of fatal accidents each year. Whether you’re dealing with the aftermath of a motor vehicle crash or a preventable fall, we have the experience to guide you through every stage of the process.
Car and truck accidents
High-speed roads like I-95 and Florida’s Turnpike are often the site of fatal collisions. Whether your loved one was struck by a distracted driver, a commercial truck, or involved in a hit-and-run, we can help.
Medical malpractice
Medical errors remain a leading cause of preventable death in the U.S. From surgical mistakes to misdiagnoses, we hold negligent doctors, nurses, and healthcare facilities accountable.
Nursing home abuse and neglect
When elderly residents suffer fatal injuries due to a lack of care, missed medication, or unaddressed medical conditions, their families may have a wrongful death claim against the facility.
Pedestrian and bicycle fatalities
West Palm Beach pedestrians and cyclists are especially vulnerable to drivers who speed, fail to yield, or drive under the influence. These incidents often involve catastrophic or fatal injuries.
Premises liability accidents
Unsafe conditions on commercial or residential properties—like faulty stairs, unmarked hazards, or lack of security—can lead to fatal slips, falls, or attacks.
No two families experience loss in the same way. That’s why we take a tailored approach. We take the time to understand your family’s unique story and fight for an outcome that reflects the depth of your loss.
Wrongful Death FAQs
What if my loved one was partly at fault for the accident?
Florida applies a modified comparative fault system to wrongful death cases. This means that your family may still recover compensation even if your loved one was partially responsible for the incident. The total amount of damages awarded would be adjusted based on the degree of fault assigned to the deceased.
As long as your loved one was not found to be more at fault than the other party or parties involved, you can still pursue a claim. Our attorneys can help evaluate how shared responsibility may impact your case and work to minimize any unfair blame placed on your loved one.
How much does it cost to hire a wrongful death attorney?
At Frankl Kominsky, we work on a contingency fee basis. That means you pay nothing up front, and we only get paid if we recover compensation for your family. Our consultations are always free and confidential.
Will I have to go to court?
Most wrongful death cases are resolved through settlement without a trial. However, if the at-fault party refuses to offer fair compensation, we are fully prepared to represent you in court.
What damages can surviving children or spouses recover?
Eligible survivors may recover for loss of companionship, guidance, and protection, in addition to pain and suffering, funeral expenses, and lost income. Each survivor's recovery depends on their relationship to the deceased and the specific facts of the case.
Let Frankl Kominsky Help You Seek Justice After a Wrongful Death in West Palm Beach
At Frankl Kominsky Injury Lawyers, we know that a wrongful death lawsuit is about more than compensation. It’s about standing up for your loved one, holding negligent parties accountable, and building a path forward during an unimaginably painful time.
We’re not just here to file paperwork—we’re here to carry your burden, honor your loss, and help restore stability to your family’s life. Whether your case involves a fatal crash, medical negligence, or another tragic circumstance, we are ready to stand by you every step of the way.
Speak with a West Palm Beach Wrongful Death Attorney Today
You’ve lost someone you love, and that changes everything. Let us take on the legal fight so you can focus on what matters most: healing, remembering, and rebuilding. At Frankl Kominsky, we treat your loss with the dignity and dedication it deserves.
Call us today at (561) 800-8000 to schedule your free consultation with a compassionate West Palm Beach wrongful death attorney. You can also reach out to us securely through our online contact form. We speak English, Spanish, and Creole.
We proudly serve clients in West Palm Beach, Palm Beach Gardens, Boca Raton, Lake Worth, across Palm Beach County, and throughout South Florida. Let us help your family pursue justice—because your loved one’s story deserves to be heard.