West Palm Beach Wrongful Death Attorney

We Fight for Justice and Compensation for Bereaved Families in Wrongful Death Cases by Holding Negligent Parties Accountable

What is Considered a Wrongful Death in Florida?

Wrongful death cases in Florida are governed by the Florida Wrongful Death Act. In brief, the Act covers deaths that are caused by negligence, recklessness, intent, default or breach of contract, of or by another person or entity, such as a corporation, healthcare facility, nursing home or even the government. At Kitroser Lewis & Mighdoll, we provide decades of experience in the aggressive pursuit of justice for families who have lost a loved one due to wrongful death.

What are Common Types of Wrongful Death Cases?

• Motor Vehicle Accidents, including cars, trucks, motorcycles, minivans, buses, scooters, ATV and shared-ride vehicle services such as Uber and Lyft.
• Boating, Aviation, Train, Bicycle and Pedestrian Accidents.
• Workplace Accidents, such as those caused by improper maintenance or operation of machinery or equipment, as well as failure to adhere to established safety regulations.
• Premises Liability cases, such as those attributed to insufficient lighting, signage or security, dangerous property conditions or failure to abide by safety regulations.
• Dangerous or Defective Products, including medical, pharmaceutical and consumer products, such as manufacturer-defective motor vehicles and parts, unsafe medications and defective or malfunctional medical devices.
• Medical Malpractice, including surgical errors, medical misdiagnosis, failure to diagnose and/or negligent or incompetent treatment by a medical professional, resulting in death.
• Victims of Violent Crimes.
• Florida’s Wrongful Death statutes are also applicable in cases resulting in death caused by third parties driving while intoxicated (DUI), hit and run accidents and vehicular homicides.

Who Can File a Wrongful Death Lawsuit in Florida?

Wrongful death claims need to be filed by the personal representative of the deceased’s estate. The case is filed on behalf of spouses, children and/or parents, as well as other dependent family members who relied upon the deceased for financial support. Our experience in the handling of estates throughout the State of Florida provides additional benefit to our wrongful death clients.

What is the Connection Between Wrongful Death and Probate?

If you are considering filing a wrongful death lawsuit, you will need to open a probate. The personal representative of the estate will be responsible for selecting the law firm to handle the wrongful death case and to manage the litigation against the defendants. Hiring the experienced West Palm Beach probate attorneys at Kitroser Lewis & Mighdoll can help ensure maximum success.

What Claims Can Be Filed in a Wrongful Death Lawsuit?

Compensatory claims stemming from a wrongful death case can be made based upon the following criteria, among others:

• Expected earnings lost by the deceased.
• Funeral costs and medical expenses of the deceased.
• Loss of future financial support for surviving family members.
• Pain and suffering of surviving family members, as well as loss of companionship and guidance.

What Do We Do That Is Unique?

Our firm promises zealous representation in both your probate and wrongful death cases and provides prompt, professional and knowledgeable legal services, along with unfettered access to our attorneys and staff. We will keep you up to date on what is happening with your case from beginning to end. Our staff of lawyers and paralegals will give you the legal support you need and deserve during such an emotionally difficult time.

We work with our clients to select the personal injury firm that is most appropriate for their wrongful death case. We then partner with those experienced personal injury firms at no additional cost to our clients, to ensure that they have the best personal injury representation possible and that the plan for distribution of the settlement or post-trial compensation is carefully thought out to protect those clients who are vulnerable, whether due to age, infirmity or other reasons. We also serve as a communications link between the client and the personal injury law firm to ensure that our client’s needs are always promptly addressed. We do all of this at no additional cost to our clients as our partnership with a personal injury law firm provides for a sharing of the personal injury fee between the two firms, so our clients get the benefit of two law firms for the cost of one.

Not all personal injury firms are the same and some firms are better at one type of case than other firms. Our many years of experience in the community allow us to match our clients with firms that we feel are best able to handle the particular type of litigation that needs to be brought. Once the case is underway, we assist the client and the personal injury firm as the litigation progresses. We remain responsible for the case along with our litigation counsel and often act as liaison between the client and the litigation firm. If our clients request it, we will attend mediations and settlement conferences as well as trial. At the conclusion of the litigation, our firm is able to assist with planning for the use of the settlement proceeds in ways most advantageous to our clients, often through the use of trusts or structured payouts.

With 37+ years of experience as an attorney, Mitchell Kitroser provides added value to our clients in these wrongful death cases. His prior work experience as a law clerk to a Judge in Brooklyn, New York, included his involvement with hundreds of personal injury settlements and trials. After arriving in Florida, Mr. Kitroser worked as a prosecutor and handled hundreds of DUI prosecutions, many of which involved personal injuries and damages to property. Since opening his practice in Palm Beach County, Mr. Kitroser has been involved in several multi-million dollar civil litigation cases on behalf of his clients.

All of this litigation experience provides added benefit at

no additional cost to our clients

, since litigation counsel contributes a portion of their fees to Kitroser Lewis & Mighdoll for our participation in the litigation. Mr. Kitroser is AV Rated by Martindale Hubbell, their highest rating for both legal ethics and skill.

What is the Connection Between Wrongful Death, Guardianship and Special Needs Planning?

When a Wrongful Death Case is resolved, we can craft a comprehensive estate plan for distribution of the compensation. For example, if minor children are the beneficiaries, a Guardianship case may need to be opened until the minor children reach age 18. Additionally, our firm has assisted families with the creation of Spend-Thrift Trusts for children once they turn 18 years of age, to protect their funds until they reach a more mature age. If the beneficiary is disabled, we can create a Supplemental Needs Trust for the settlement proceeds so the beneficiary will not lose eligibility for government SSI and Medicaid benefits.

At Kitroser Lewis & Mighdoll, our Palm Beach County and Martin County attorneys will sit down with you to discuss all the litigation and estate planning aspects of your case so you can make informed decisions about how to manage the litigation as well as the compensation settlement or award.

Make your first call to the estate planning and probate law firm of Kitroser Lewis & Mighdoll, at 561-721-0600 or contact us online.

We are your family’s lawyers.