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Wrongful Death

When You Need a Wrongful Death Lawyer, We Are On Your Side

The death of a loved one is never easy. It can be significantly more difficult when someone is taken before their time because of the negligence or wrongdoing of another. If your loved one passed away in West Palm Beach due to avoidable circumstances, you may be able to recover compensation for your loss in a wrongful death lawsuit.

Types of Wrongful Death Cases

Wrongful deaths can occur under a variety of circumstances. If a death occurs and is not caused by disease, illness, advanced age or genuine accident, then someone else may be liable. Some common causes of wrongful death claims are:

  • motor vehicle accidents
  • medical malpractice
  • faulty or defective products and
  • medication errors

If your loved one’s death was caused by any of these factors, or if you believe his or her death could have been prevented, then you may have a wrongful death claim.

Who can be liable in a wrongful death?

Claims for wrongful death can be made against any person or entity directly or even indirectly responsible for the death of your loved one. If you can show that but for a person or entity’s actions (or inaction) your loved one would still be alive, then that person or entity can be liable in a civil suit.

Some common defendants in a wrongful death lawsuit include: 

  • the person who injured the deceased or caused the death;
  • the owner of the property where the death occurred;
  • entities responsible for the actions of the person who caused the death;
  • company that made the defective product or condition that harmed the deceased; or
  • a physician, hospital or pharmacist who made an error leading to the harm to the deceased.

A wrongful death occurs when the wrongdoing, negligence or illegal act of another person causes a death. If a person would be liable in a lawsuit for an injury but the victim dies instead, then that person will be liable in a wrongful death lawsuit.

What if there is a covenant not to sue?

Sometimes, the deceased will sign a waiver or a covenant not to sue in case of an injury or death. These are commonly signed before a dangerous activity, like whitewater rafting or scuba diving. If your loved one signed such a waiver and was then killed as a result of that activity, the entity that requested the waiver be signed may not be liable.

But in some cases, these waivers are not valid or the circumstances of the death may be outside the scope of the covenant not to sue. A wrongful death attorney can review the waiver or covenant not to sue and can determine if a lawsuit is actually prohibited. Additionally, even if a covenant not to sue is valid, there may be other parties from whom you may seek recovery.

Dealing with the death of a loved one is painful enough without having to fight for compensation. Let the attorneys at Chalik & Chalik deal with recovering from the wrongdoer on your family’s behalf. Call our offices toll-free at (855) 529-0269 to schedule your free initial consultation today.

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