Proving Fault in a West Palm Beach Wrongful Death Case

In the West Palm Beach area, the state allows beneficiaries to file for a wrongful death claim if the person died as a result of another party’s negligence or harmful intent. However, the person filing the claim must be able to prove that the person who caused the death was indeed acting negligently. Here is how you–with the help of experienced wrongful death lawyers–would go about proving fault in a wrongful death case in West Palm Beach.

A wrongful death claim can provide the victim’s surviving family or heirs with financial compensation to lessen the burden of expenses resulting from the death. Beneficiaries may be awarded damage as compensation for lost income, future earnings, medical expenses, funeral costs, pain and suffering, and other costs that were incurred from the person’s death. In some cases, punitive damages may be awarded as well. Punitive, or exemplary, damages are intended to punish the defendant for their negligent actions and dissuade them from taking similar actions in the future.

Parties Involved in the Wrongful Death Case

Plaintiff: The plaintiff is the person that brings the lawsuit to court. Typically, the plaintiff will be the spouse, child, dependent, or other personal representative assigned by the will of the deceased. The plaintiff and their attorney must prove fault in a wrongful death case in order to be awarded damages.

Defendant: The defendant is the person or entity defending their case. In the event of a wrongful death case, the defendant is the one being accused of causing the wrongful death. If the plaintiff proves the death is the fault of the defendant, then the defendant will be responsible for paying damages to the plaintiff.

It is up to the plaintiff, and their attorney, to establish duty of care, breach of duty of care, and causation to prove the fault of the defendant.

Duty of Care

In order to be compensated, the beneficiary must prove that the other party is responsible for the death due to negligence. In order for them to be considered negligent, the other party must have owed a duty of care to the deceased person. Duty of care varies for each situation, but often refers to being safe or refraining from taking actions that directly harm the other person. For example, if someone was driving recklessly above the speed limit and hit a pedestrian then they could be considered negligent of their duty of care to drive safely.

Breach of Duty of Care

Once the duty of care is determined, then it must be proven that the other party breached their duty to the deceased. Evidence will be gathered to prove that the defendant was negligent.

Causation

When sufficient evidence is gathered that the person has acted negligently, then it must be proved that the death was a result of the negligence. This is referred to as proving cause. The breach of duty must have actually caused the death in order for damages to be awarded. In order to prove cause you must show that the death was a direct result of the breach of duty.

Golf Courses in West Palm Beach

The warm weather and the beautiful, natural landscape of Florida makes West Palm Beach and the surrounding area an ideal location for golfing. There are great golf courses available to the public and private country club options as well. Here are some of the best golf courses in West Palm Beach.

West Palm Beach Golf Course

The West Palm Beach Golf Course was formerly known as the West Palm Beach Country Club. It’s been around since 1921 and is home to an 18-hole, championship Dick Wilson designed course. It features beautiful native landscaping and rolling terrain. This course is a former PGA Tour site. It’s also featured on the Florida Historic Golf Trail of courses that are open to the public. The West Palm Beach Golf Course offers lessons and clinics to help improve your game.

Madison Green Country Club

The Madison Green Country Club proudly declares itself West Palm Beach’s most spectacular golf experience. Located close to the airport for convenience, this 72-par golf course is designed for all ages and skill levels. The course has pure putting surfaces and plush fairways. There are no parallel fairways so you can enjoy your game. The nature preserve is surrounded by Pine Barrens, magnificent palm trees, and oaks. The site features the MarBar Grille and is the location for tournaments, weddings, and other special events throughout the year.

Sandhill Crane Golf Club

Located in Palm Beach Gardens, the Sandhill Crane Golf Club is one of the only courses in Florida that winds through wetlands and natural preserved areas. This affordable, quality 72-par golf course is filled with breathtaking views from the varieties in elevation. Try your hand at the aqua driving range and practice facilities. The course offers programs, lessons, and golf camps at various times during the year.

Ironhorse Country Club

The Ironhorse Country Club is committed to hosting a community and not just a golf course. Member satisfaction is of the utmost importance and is displayed through the lavish amenities and friendly staff. The club has a state-of-the-art fitness center, fitness classes, private training, a swimming pool, and a tennis program. Dine in a casual atmosphere at The Preserve after a round of golf. The Preserve features local draft craft beer selections and an extensive wine list. The golf course itself offers a gorgeous native landscape and a challenging course with balance and variety.

PGA National Resort and Spa

Another course located in Palm Beach Gardens, the notorious PGA National Resort and Spa is the place to go where luxury is a standard. It’s home to five championship courses and known throughout the world as the setting for the PGA Tour’s Honda Classic. It’s also known for its legendary Bear Trap, an infamous three hole trap. This luxury golf resort and spa offers golf vacation packages and the location is easily accessible from several major airports. Aside from a challenging and interesting golf course, you’ll find nine restaurants and bars that all rank among the best of Palm Beach Gardens restaurants. Tennis, racquet club, shopping, beaches, nearby eco tours, and more are all among the high-class amenities offered at this resort. The PGA National Resort and Spa is a luxury destination that the entire family will enjoy.

HOW TO FILE AN ACCIDENT CLAIM AGAINST A TEEN DRIVER

According to the Insurance Institute for Highway Safety, teenage drivers are as much as 70% more likely to file a car accident claim, compared to drivers in other age categories. There are a number of reasons why teen drivers are at a high risk of accidents. This group of drivers is younger, inexperienced, and also more impulsive. These drivers are also more susceptible to peer pressure, which may cause them to try out dangerous driving practices like speeding, or driving under the influence of alcohol or drugs.

One drug that is popular among teen drivers is marijuana. In fact, researchers from Columbia University examined toxicology reports from 24,000 fatal accidents in the year 2010. Marijuana contributed to 12 percent of the fatalities, a 300 percent increase from only a decade earlier. Marijuana is being identified as a cause of more traffic accidents as more states act to legalize medical and recreational marijuana use. The National Highway Traffic Safety Administration (NHTSA) reports that younger drivers are more likely to drive stoned on marijuana. In a 2010 NHTSA survey, one out of eight high school seniors admitted to driving after smoking marijuana. Nearly a quarter of the drivers killed in marijuana-related crashes were under age 25, and almost half of the fatally injured drivers who tested positive for marijuana were under age 25. The NHTSA also found that 4 percent of all drivers are stoned on marijuana during daylight hours, 6 percent are stoned at night, and the nighttime figure jumps to 12 percent on holiday and weekend nights.

When you are involved in an accident with a teen driver, whether the drive was under the influence of marijuana, alcohol or just driving recklessly, you can go ahead and file a claim for compensation with your own insurer. If the teen driver was at fault in the accident, you can also go ahead and file a claim against the teen’s ensure.

Teenagers are also expected to maintain car accident insurance, just like adults. Therefore, the insurance company will be expected to compensate you, when the teen driver causes an accident that results in damages to you.

The teenager’s parents are not automatically liable for an accident that the teenager causes. However, in some cases, you may be able to even hold the parents liable for your damages. Speak to a car accident lawyer in Palm Beach about how you can identify all the parties that are liable in your claim. For instance, if the teenager was driving the family car, or if the teenager had an earlier record of poor driving, and the parents allowed him to drive the family car any way, there may be grounds for you to file a claim.

In south Florida, if you’re injured in a traffic accident and the driver who injured you was a teen, an experienced Palm Beach car accident attorney may help you obtain compensation for your medical expenses, lost income, and more. A good car accident lawyer will assess the evidence, explain your legal options, safeguard your rights, and work for the maximum possible compensation. If you’re injured in any south Florida traffic accident with a teen, get the legal help you need at once and contact an experienced Palm Beach car accident attorney.