Personal Injury & Wrongful Death Law Firm for West Palm Beach & Miami, FL

Catastrophic Injuries, Auto Accidents, Defective Products, Medical Malpractice

An image representing our personal injury law firm in Fort Lauderdale, FLThe personal injury and wrongful death attorneys at Zimmerman & Frachtman, a South Florida law firm, have extensive experience in representing family members who have suffered a personal injury or the wrongful death of a loved one. We help clients sort through the difficulty of coping with a serious personal injury or death caused by the fault of another. Our attorneys are sensitive to the needs of families who have lost a loved one and will keep the family members as involved or sheltered from the litigation process as the individual family members desire.

We do not represent any of the interests of insurance companies – we handle the opposite.   We represent the individual that needs the attention and guidance of a caring and vigilant  personal injury attorney.  After over 20 years of fighting diligently for the justice of our clients, we’ve been able to recover over $300 million dollars for them for anything from medical bills, lost wages, to covering future pain and suffering.

Personal Injury Law is designed to protect those harmed by the negligence, recklessness, malpractice, or inaction of others. We handle all types of serious and catastrophic injuries cases, including the following practice areas:

Wrongful Death is the general term for cases that involve the death of a person. Wrongful death claims are brought by the personal representative of the estate of a person who was killed as a result of the wrongful acts of another. Wrongful death claims arise from the same kind of circumstances as personal injury claims, with the difference being that the victim died.

There are special laws that control who may bring a wrongful death claim and when it may be filed. Like personal injury claims, wrongful death claims may arise from many circumstances, including, but not limited to:

The Law in Florida

In Florida, the Florida Wrongful Death Act makes it mandatory that the personal representative of the deceased individual’s estate must file the lawsuit for the survivors of the deceased’s benefit. Any of the below may be able to recover damages through a wrongful death lawsuit:

In most cases, the deceased individual’s final will and testament will determine who the appropriate personal representative is that must file the wrongful death suit to recover damages for any of the above persons.

In addition, you may still be able to recover damages even if you were not financially dependent on the deceased individual, but you are a blood relative. For instance, if you relied on the deceased individual to take care of you and you now require the services of another to care for you, you may qualify for compensation for this loss.

If a person dies before bringing forward a wrongful death or personal injury lawsuit, then an entitlement to compensation will depend on whether the person died as a result of the injuries or from unrelated causes. It also depends on your particular state’s laws and regulations regarding wrongful death and personal injury claims. If the person who was injured in an accident ends up passing away because of the injuries sustained in that accident, then the person’s heirs may be qualified to recover damages for their loss.

Criminal vs. Civil Cases

There are times when there may be a criminal case, and there are other times when there may be a civil case regarding a person’s death. The main difference is that with a criminal case, the government will get involved in order to punish an individual that has committed an illegal crime. On the other hand, a civil case typically revolves around a dispute over the rights and responsibilities that individuals and organizations owe to each other legally. With a criminal case, the end result is typically a criminal sanction, like jail time. With a civil case, there is generally a monetary punishment against an individual or organization.

State Differences for Laws and Limitations

Wrongful death laws differ from state to state. It is important to consult with an experienced wrongful death attorney because some states do not allow for certain types of compensation. In addition, the statute of limitations for wrongful death claims also differ from state to state. You must file your wrongful death or personal injury claim within the time period that is governed by the state in order to recover full compensation for any damages or losses. There are many factors that determine this time period, so it is important to consult with a qualified and knowledgeable wrongful death lawyer as quickly as possible to ensure you are able to receive full compensation in the allowed timeframe.

If you or a loved has been a victim of a personal injury or wrongful death, needs an experienced and compassionate attorney, and would like to learn more about your legal rights, please contact us here or call (954) 509-1900 or toll free at 1-(800) 886-LAWS.