Fatal Car Accidents in Palm Beach: A Guide to Wrongful Death Claims

In 2024, more than 3000 people lost their lives in motor vehicle accidents throughout Florida. This means thousands of families who were left grieving after sudden, preventable losses. Whether it was a distracted driver, someone speeding, or a careless mistake, the outcome was the same, someone’s life was cut short.

If you’ve lost a loved one in a fatal accident in Palm Beach, you may be wondering what comes next. While no legal action can ever bring them back, a wrongful death claim can help you get justice and hold the at-fault party accountable.

Call our Palm Beach car accident lawyers at Fuentes & Berrio for a free, no-obligation consultation—our team is available 24/7, and you don’t pay us unless we win.

What Is a Wrongful Death Claim in Florida?

In Florida, a wrongful death claim is a civil lawsuit filed when someone’s life is cut short due to another person’s careless or reckless behavior. These aren’t criminal cases. They’re about compensation—holding the at-fault party financially responsible for what they’ve done.

Under Florida Statutes §§ 768.16–768.26, wrongful death can result from a range of incidents, including:

• Car accidents
• Truck collisions
• Motorcycle crashes
• Bicycle and pedestrian accidents
• Rideshare accidents
• DUI-related crashes

Importantly, wrongful death claims don’t just apply when someone intended to harm someone else. If your loved one died because someone was distracted while driving, failed to follow traffic laws, or was simply negligent behind the wheel, you could have a case.

Who Can File a Wrongful Death Claim in Palm Beach?

The lawsuit must be filed by the personal representative of the deceased person’s estate. This person is usually named in a will or appointed by the court if there’s no will. Even though the personal representative files the claim, the compensation is meant for the surviving family members. This includes:

• Spouses
• Children (including adopted children)
• Parents
• Blood relatives or adoptive siblings who were financially dependent on the deceased

Each eligible survivor may have the right to claim different types of losses. An experienced wrongful death attorney can help you understand what compensation you and your family may be entitled to.

What Compensation Can Be Recovered?

Economic damages may include:

• Medical expenses related to the final injury or illness
• Funeral and burial costs
• Loss of the deceased’s income and benefits
• Loss of household services

Non-economic damages may include:

• Pain and suffering of the survivors
• Loss of companionship, protection, and guidance
• Mental and emotional anguish

In some cases, punitive damages may also be awarded. These are meant to punish the wrongdoer, especially in cases involving extreme recklessness, like drunk driving or street racing.

What If the At-Fault Driver Is Uninsured or Underinsured?

It’s heartbreaking enough to lose someone. Learning that the person responsible doesn’t have enough insurance or any at all can feel like another blow. But don’t give up hope. There may still be paths to recovery:

• Your loved one’s own auto insurance may include uninsured/underinsured motorist coverage.
• If the crash involved a rideshare or commercial vehicle, additional policies may be available.
• In some cases, multiple parties may share responsibility (for example, another driver, an employer, or a vehicle manufacturer).

An attorney can investigate all potential sources of compensation and help you recover what you’re owed, even if the insurance situation seems complicated at first.

Can You File a Claim If the Deceased Was Partially at Fault?

Yes. Florida follows a modified comparative negligence rule. That means if your loved one was partly to blame for the crash, you could still file a wrongful death claim, as long as they were not more than 50% at fault.
Here’s how it works: If the court finds your loved one was 30% at fault, and the total damages were $1 million, the award would be reduced by 30%, meaning the surviving family could receive $700,000.

Florida’s Wrongful Death Statute of Limitations

In most cases, you have two years from the date of your loved one’s death to file a wrongful death lawsuit in Florida. The Florida Wrongful Death Act sets this deadline, and it applies regardless of how strong your case may be. If you miss the two-year window, the court will likely dismiss your case, and you may lose your right to recover any compensation, no matter how clear the other party’s wrongdoing is.
However, there are limited exceptions. If the death was caused by medical malpractice, the timeline may differ and could involve pre-suit requirements that delay filing. If the at-fault party intentionally concealed the cause of death or committed fraud, the clock might be extended under the discovery rule. Cases involving government entities may have different notice and filing deadlines altogether.

How Long Does a Wrongful Death Case Take?

There’s no set timeline for how long a case like this will last. Some cases settle in a few months. Others, especially those that go to court, may take over a year. The timing depends on:

• How clear the facts are
• Whether the other party admits fault
• The amount of damages being claimed
• Court schedules if litigation becomes necessary

A wrongful death attorney can give you a realistic idea of what to expect and keep things moving forward while you focus on healing.

Call a Palm Beach Car Accident Attorney Today

At Fuentes & Berrio, we know how devastating a fatal accident can be—not just emotionally but financially and legally as well. If you’ve lost a loved one in Palm Beach due to someone else’s negligence, our wrongful death attorneys are here to help you seek justice.

We take care of the legal process so you can focus on grieving and healing. From handling the paperwork to investigating the accident, arranging any needed resources, and fighting for full compensation, we’re with you every step of the way. Our team goes above and beyond to make sure families like yours are supported during one of the most difficult times of their lives.

We’ve recovered millions for our clients, and we’re ready to work just as hard for you. Get in touch with us at (954) 752-1110 or share your case details online. Let us help you get answers, accountability, and the compensation your family deserves