Losing a loved one is devastating. When that death was caused by someone else’s negligence in Palm Beach County, the pain is compounded by complex legal questions, tight deadlines, and insurance companies that don’t care about your grief. The Palm Beach wrongful death lawyers at Madalon Injury Law help families across every Palm Beach County municipality pursue justice and compensation when negligence takes a loved one’s life.
Palm Beach County is the third most populous county in Florida, home to approximately 1.57 million residents spread across 39 municipalities and significant unincorporated areas. The county also covers the second-largest land area of any Florida county—nearly 2,400 square miles, larger than Rhode Island and Delaware combined—stretching from the Atlantic coast westward to Lake Okeechobee. According to the Florida Department of Health, Florida sees over 50,000 preventable deaths annually, with Palm Beach County contributing thousands. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Palm Beach County recently saw over 26,000 motor vehicle collisions, more than 16,000 injuries, and 182 traffic fatalities in a single reporting year—and the county has historically recorded the highest I-95 fatality count of any Florida county.
From the Atlantic beaches of Palm Beach, Boca Raton, Boynton Beach, and Jupiter, to the urban core of West Palm Beach, to the family communities of Wellington, Royal Palm Beach, and Palm Beach Gardens, to the agricultural communities around Lake Okeechobee like Belle Glade and Pahokee, Palm Beach County families face wrongful death scenarios as varied as the county itself. Traffic crashes on I-95, the Florida Turnpike, US-1, State Road 7/441, Okeechobee Boulevard, Military Trail, and PGA Boulevard. Medical malpractice at major hospital systems including Tenet Healthcare, HCA Florida, Cleveland Clinic Florida, and Baptist Health. Nursing home neglect across the county’s senior care facilities (Palm Beach County has one of Florida’s largest senior populations—23% of residents are 65 or older). Construction fatalities, drownings, premises liability, and pedestrian deaths along some of the most dangerous corridors in the state.
Florida’s Wrongful Death Act provides a path forward. It can’t bring your loved one back, but it can hold the responsible party accountable and provide financial support for survivors.
At Madalon Injury Law, our Palm Beach wrongful death lawyers represent families throughout every city and unincorporated area of Palm Beach County—from West Palm Beach to Boca Raton, from Jupiter to Belle Glade, from the Town of Palm Beach to Wellington. We understand the geography, the courts, the local hospitals, the police agencies, and the specific legal landscape this county creates.
If you’ve lost a loved one due to negligence in Palm Beach County, call us for a free consultation.
Understanding the scale of wrongful death in Palm Beach County puts each family’s loss in perspective—and demonstrates why these cases require serious legal attention.
Palm Beach County at a Glance:
Traffic Fatality Statistics:
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV):
According to the Florida Department of Health:
I-95 Through Palm Beach County:
Studies have ranked I-95 in Florida among the deadliest highways in the United States. Palm Beach County has historically recorded the highest I-95 fatality count of any Florida county—a statistic that directly affects wrongful death cases throughout the county.
Pedestrian Death Statistics:
According to federal pedestrian safety research and FLHSMV:
Workplace Death Statistics:
According to the Occupational Safety and Health Administration (OSHA):
Medical Error Statistics:
According to research from Johns Hopkins Medicine, medical errors are estimated to be among the leading causes of death in the United States. With Palm Beach County home to multiple major hospital systems (Tenet Healthcare, HCA Florida, Cleveland Clinic Florida, Baptist Health, and others), medical malpractice wrongful death cases are a significant part of the county’s wrongful death legal landscape.
Nursing Home and Elder Care Statistics:
The Florida Agency for Health Care Administration (AHCA) oversees Florida’s nursing homes and assisted living facilities. With 23% of Palm Beach County residents aged 65 or older, the county has one of Florida’s largest senior populations relative to its size—making elder care wrongful death cases especially common in this region.
Palm Beach County’s Position in Florida:
Palm Beach County is the third most populous county in Florida, after Miami-Dade and Broward. The county’s combination of beach tourism, agricultural communities, dense urban areas, ultra-wealthy enclaves, family-oriented suburbs, and one of Florida’s largest senior populations creates wrongful death risk patterns that affect well over a million residents and millions of additional visitors each year.
“Behind every Palm Beach County wrongful death statistic is a family. Across 39 municipalities and nearly 2,400 square miles, our job is to make sure those families get the legal help they need to hold negligent parties accountable.”
Sources: Florida Department of Highway Safety and Motor Vehicles, Florida Department of Health, OSHA, Johns Hopkins Medicine, Florida Agency for Health Care Administration, U.S. Census Bureau
Palm Beach County’s vast geography, economic diversity, and demographic mix produce a wide range of wrongful death scenarios. Understanding the most common helps families identify when negligence may be at the root of a loved one’s death.
Motor vehicle crashes are the leading cause of wrongful death in Palm Beach County. The county’s combination of high-speed highways (I-95, Florida’s Turnpike), major arterials (Okeechobee Boulevard, Military Trail, US-1, PGA Boulevard, Glades Road), agricultural roads in the western communities, and heavy tourist traffic makes traffic fatalities a constant risk.
Common Palm Beach County traffic wrongful deaths involve:
Liability: At-fault drivers, trucking companies, employers, vehicle manufacturers, bars (in dram shop cases), and government entities (in certain road condition cases) can all face liability.
The Miami–Fort Lauderdale–West Palm Beach metropolitan area has one of the worst pedestrian death records in the United States. Common Palm Beach County pedestrian and bicycle wrongful death scenarios include:
Palm Beach County is served by multiple major hospital systems. Medical malpractice wrongful deaths can occur from:
Florida medical malpractice cases have specific pre-suit requirements under Florida Statute 766, including obtaining a medical expert affidavit before filing suit. According to research from Johns Hopkins Medicine, medical errors remain a leading cause of death in the United States.
Palm Beach County’s significant senior population—nearly a quarter of all residents are 65 or older—uses one of the largest networks of nursing homes and assisted living facilities in Florida. Common nursing home wrongful deaths involve:
The Florida Agency for Health Care Administration (AHCA) oversees Florida nursing facilities. Families can review facility inspection reports and file complaints. Palm Beach County nursing home wrongful death cases require proof of neglect, understaffing, or violations of Florida regulations.
Palm Beach County’s continuous development—from high-rise construction in West Palm Beach and Boca Raton to ongoing residential development in Wellington, Jupiter, and Palm Beach Gardens—creates significant workplace fatality exposure. Construction wrongful deaths can occur from:
According to OSHA, construction falls are a leading cause of workplace deaths nationwide. Workers’ compensation provides limited benefits for workplace deaths, but third-party wrongful death claims allow families to pursue full damages against general contractors, property owners, equipment manufacturers, subcontractors, and other parties not protected by workers’ comp immunity.
Palm Beach County’s mix of high-end retail districts (Worth Avenue, Mizner Park, City Place), apartment complexes, hotels, beachfront resorts, and corporate offices creates significant premises liability exposure. Common scenarios:
Palm Beach County’s Atlantic coastline, Intracoastal Waterway, Lake Okeechobee, residential pools, country club pools, apartment complex pools, and hotel pools create significant drowning risk. According to the Centers for Disease Control and Prevention (CDC), drowning is a leading cause of unintentional injury death, particularly among children. Florida law has specific pool safety requirements under Florida Statute Chapter 515, including fencing, self-closing gates, alarms, and safety equipment. Property owners failing to comply can face wrongful death liability.
Palm Beach County’s extensive waterways, the Intracoastal, Lake Okeechobee, and proximity to the Atlantic create maritime wrongful death exposure. According to the Florida Fish and Wildlife Conservation Commission (FWC), Florida leads the nation in recreational boating accidents. The county’s many marinas and waterfront communities see significant boating traffic. Maritime cases involve specialized law (general maritime law, Death on the High Seas Act, and Florida wrongful death law depending on circumstances).
With Palm Beach International Airport (PBI) located in West Palm Beach, plus general aviation facilities like Palm Beach County Glades Airport and the Lantana Airport, aviation wrongful death cases sometimes involve commercial flights, general aviation crashes, helicopter incidents, and airport ground transportation cases. Aviation cases involve specialized federal law and FAA regulations.
Manufacturers, distributors, and retailers can face liability when defective products cause death—including vehicles, medical devices, consumer products, recreational equipment, and industrial machinery.
Wrongful death claims can arise from criminal acts (homicide, assault, drunk driving prosecutions) in addition to negligence cases. A criminal conviction is not required to pursue a civil wrongful death claim. The civil standard of proof (preponderance of the evidence) is significantly lower than the criminal standard (beyond a reasonable doubt). Civil wrongful death cases can proceed even when criminal prosecution fails.
Palm Beach County’s road network combines one of America’s deadliest interstates with notoriously dangerous urban arterials, agricultural roads, and beach corridors.
I-95 is the primary north-south interstate running through eastern Palm Beach County, connecting Miami-Dade and Broward to Martin County and points north. The highway has been ranked among the most dangerous interstates in the United States, and Palm Beach County has historically recorded the highest I-95 fatality count of any Florida county.
Why I-95 is dangerous in Palm Beach County:
Florida’s Turnpike runs through central and western Palm Beach County as a high-speed toll road. The Turnpike has recurring fatal crash patterns including high-speed collisions and wrong-way driver incidents.
Why the Turnpike is dangerous:
US-1 runs north-south along the Atlantic coast through Palm Beach County, passing through Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, West Palm Beach, North Palm Beach, and Jupiter.
Why US-1 is dangerous:
State Road 7/US-441 runs north-south through central Palm Beach County, passing through Boca Raton, Wellington, Royal Palm Beach, and other communities.
Why State Road 7 is dangerous:
Okeechobee Boulevard is Palm Beach County’s primary east-west arterial near West Palm Beach, running from State Road 7 in the west, through downtown West Palm Beach, and across the Royal Park Bridge to the Town of Palm Beach. The road has been publicly identified as one of the most dangerous in the area for pedestrians and bicyclists.
Military Trail runs north-south through Palm Beach County, serving as a major commercial corridor with several intersections that rank among the county’s most crash-prone—including Military Trail at Okeechobee Boulevard, Military Trail at PGA Boulevard, and Military Trail at Forest Hill Boulevard.
PGA Boulevard runs east-west through Palm Beach Gardens and serves as a major commercial and commuter corridor for northern Palm Beach County.
Congress Avenue is a major north-south corridor through Palm Beach County. Intersections along Congress Avenue, particularly Congress Avenue at Atlantic Avenue (Delray Beach) and Congress Avenue at 45th Street (West Palm Beach), have ranked among Palm Beach County’s most dangerous.
Atlantic Avenue is Delray Beach’s primary east-west corridor, with multiple intersections (Atlantic Avenue at Congress Avenue, Atlantic Avenue at I-95) consistently ranked among Palm Beach County’s most crash-prone.
Glades Road is Boca Raton’s major east-west arterial, running from I-95 west through major commercial and residential areas. Heavy traffic and dense commercial activity contribute to crash risk.
Forest Hill Boulevard runs east-west through central Palm Beach County, with the intersection of Forest Hill Boulevard and Military Trail in Palm Springs ranking as one of the county’s most crash-prone intersections.
Linton Boulevard runs east-west through Delray Beach, serving as a major commercial and commuter corridor.
Hypoluxo Road and Lantana Road are major east-west corridors through Lantana, Boynton Beach, and surrounding areas, with significant crash risk at major intersections.
Belvedere Road serves as a major east-west corridor connecting I-95 to Palm Beach International Airport (PBI) and western communities.
45th Street is a key east-west corridor through West Palm Beach with major intersections at Congress Avenue, Australian Avenue, and Broadway, multiple of which appear on Palm Beach County’s most-dangerous lists.
Indiantown Road is Jupiter’s primary east-west corridor, connecting I-95 and the Florida Turnpike to coastal Jupiter.
A1A runs along the Atlantic coast through Palm Beach County, connecting beach communities from Boca Raton through the Town of Palm Beach to Jupiter. Beach corridor crashes often involve tourist drivers, pedestrian activity, and impaired driving.
The western communities along Lake Okeechobee see different wrongful death risks involving agricultural equipment, high-speed rural roads (US-27, SR-80), and farm worker fatalities.
Among the county’s most crash-prone intersections (per Palm Beach County Traffic Engineering data):
“From I-95 high-speed fatalities—where Palm Beach County leads Florida in deaths—to Okeechobee Boulevard pedestrian crashes, to Military Trail’s notoriously crash-prone intersections, to the Florida Turnpike’s wrong-way driver incidents, Palm Beach County’s road network creates a constantly shifting wrongful death landscape.”
Source: FLHSMV, Palm Beach County Traffic Engineering and Public Works
Madalon Injury Law represents wrongful death families throughout every city and unincorporated area of Palm Beach County. Below are detailed resources for the cities where we’ve handled significant cases, along with the full list of Palm Beach County municipalities we serve.
West Palm Beach Wrongful Death Lawyers
West Palm Beach is Palm Beach County’s largest city and the county seat. With approximately 117,000 residents, it serves as the urban core of the county—home to the Palm Beach County Courthouse, Palm Beach International Airport (PBI), St. Mary’s Medical Center (Palm Beach County’s Level 1 Adult Trauma Center), Good Samaritan Medical Center, CityPlace, the Kravis Center, and Clematis Street’s entertainment district. Common wrongful death scenarios in West Palm Beach involve I-95 fatalities, Okeechobee Boulevard pedestrian crashes, Military Trail intersection collisions, Florida Turnpike incidents, medical malpractice at the city’s major hospitals, construction fatalities, premises liability cases, and inadequate security incidents at apartments and businesses. Our dedicated West Palm Beach wrongful death lawyers page provides comprehensive resources for families in the county seat.
Boca Raton
Boca Raton is the southernmost major city in Palm Beach County, with approximately 100,000 residents and a wealthy, family-oriented character. The city is home to Boca Raton Regional Hospital, Florida Atlantic University (FAU), Mizner Park, and significant corporate and high-end retail districts. Common Boca Raton wrongful death cases involve crashes on I-95, Glades Road, US-1, Yamato Road, and Palmetto Park Road, premises liability at major commercial destinations, medical malpractice, and country club/resort incidents.
Boynton Beach
Boynton Beach is a major Palm Beach County coastal city with approximately 80,000 residents. The city features Atlantic beaches, the Intracoastal Waterway, the Boynton Beach Mall, and significant commercial and residential development. Common wrongful death cases involve crashes on I-95, US-1, Boynton Beach Boulevard, and Congress Avenue, as well as drownings, premises liability, and nursing home cases.
Delray Beach
Delray Beach is a popular Atlantic coast city with approximately 70,000 residents, known for Atlantic Avenue’s downtown entertainment district, Pineapple Grove, and the beach. Several of Palm Beach County’s most crash-prone intersections (Atlantic Avenue & Congress Avenue; Atlantic Avenue & I-95) are in Delray Beach. Common wrongful death cases involve corridor pedestrian deaths, beach area incidents, drownings, premises liability at hotels and entertainment venues, and intersection crashes.
Palm Beach Gardens
Palm Beach Gardens is a major northern Palm Beach County city with approximately 60,000 residents, home to PGA National, The Gardens Mall, and a significant corporate presence. Common wrongful death cases involve crashes on PGA Boulevard, Military Trail, US-1, and I-95, as well as country club incidents, premises liability, and medical malpractice.
Jupiter
Jupiter is a coastal community at the northern edge of Palm Beach County with approximately 60,000 residents. The town is known for its beaches, the Jupiter Inlet Lighthouse, and the spring training facilities for the St. Louis Cardinals and Miami Marlins. Common wrongful death cases involve crashes on I-95, US-1, and Indiantown Road, as well as boating, drowning, beach corridor, and premises liability cases.
Wellington
Wellington is a large western Palm Beach County village with approximately 65,000 residents, famous for its equestrian community and as the home of major horse events including the Winter Equestrian Festival. Common wrongful death cases involve crashes on State Road 7, Forest Hill Boulevard, and surrounding roads, as well as equestrian-related fatalities and premises liability incidents.
Royal Palm Beach
Royal Palm Beach is a master-planned village west of West Palm Beach with approximately 40,000 residents. The community sees wrongful death cases involving crashes on State Road 7, Southern Boulevard, and Okeechobee Boulevard.
Lake Worth Beach
Lake Worth Beach is a coastal community between West Palm Beach and Boynton Beach with approximately 42,000 residents. Common wrongful death cases involve crashes on I-95, US-1, and Lake Worth Road, as well as beach and pedestrian-related incidents.
Greenacres
Greenacres is a central Palm Beach County city with approximately 41,000 residents, west of Lake Worth Beach. Wrongful death cases involve crashes on Lake Worth Road, Jog Road, and surrounding arterials.
Riviera Beach
Riviera Beach is a coastal city just north of West Palm Beach with approximately 35,000 residents. Common wrongful death cases involve crashes on Blue Heron Boulevard, US-1, and Broadway, as well as Singer Island and Intracoastal incidents.
The Town of Palm Beach is the historic, ultra-affluent barrier island community across the Intracoastal Waterway from West Palm Beach. With approximately 9,000 year-round residents (and significantly more during the winter season), Palm Beach is one of the wealthiest zip codes in America—home to historic estates, Worth Avenue luxury shopping, the Mar-a-Lago Club, the Flagler Museum, and the Town of Palm Beach Police Department.
Palm Beach wrongful death cases have a distinct character:
Wrongful deaths involving Palm Beach often involve transport to Good Samaritan or St. Mary’s Medical Center in West Palm Beach for serious trauma.
Madalon Injury Law represents wrongful death families across every Palm Beach County municipality, including:
We also serve unincorporated areas of Palm Beach County, which are patrolled by the Palm Beach County Sheriff’s Office and fall under Palm Beach County jurisdiction. Major unincorporated areas include parts of West Boca, the Acreage, Loxahatchee, Jupiter Farms, and other significant communities.
If you’ve lost a loved one in any Palm Beach County city, town, village, or unincorporated area, contact Madalon Injury Law for a free consultation.
Palm Beach County is served by an extensive network of hospitals, including Level 1 Adult Trauma Centers handling the most severe wrongful death cases.
Location: 901 45th Street, West Palm Beach, FL 33407
St. Mary’s Medical Center operates Palm Beach County’s primary Level 1 Adult Trauma Center, located in West Palm Beach. The hospital handles severe trauma cases from throughout Palm Beach County and the Treasure Coast.
Location: 5352 Linton Boulevard, Delray Beach, FL 33484
Delray Medical Center operates a Level 1 Trauma Center serving southern Palm Beach County, providing trauma care for Delray Beach, Boynton Beach, Boca Raton, and surrounding communities.
Tenet Healthcare:
HCA Florida:
Baptist Health:
Cleveland Clinic Florida:
Other major facilities:
Location: 3126 Gun Club Road, West Palm Beach, FL 33406
The Palm Beach County Medical Examiner’s Office investigates deaths throughout the county.
When autopsies are required under Florida law:
Florida Statute Chapter 406 requires medical examiner investigation in:
Why autopsy reports matter in wrongful death cases:
Autopsy reports are public records in Florida (with some exceptions). Families can request copies from the Palm Beach County Medical Examiner’s Office. Reports typically take weeks to complete.
Wrongful death investigations in Palm Beach County involve various law enforcement agencies depending on location:
The investigating agency depends on incident location, which affects how reports are obtained and how investigations proceed.
“Palm Beach County’s Level 1 trauma centers and extensive hospital network handle thousands of severe injury and death cases each year. Medical records from these facilities and reports from the Palm Beach County Medical Examiner are critical evidence in wrongful death cases.”
Palm Beach County wrongful death cases proceed under Florida’s Wrongful Death Act, codified at Florida Statutes Chapter 768, specifically Sections 768.16 through 768.26.
To succeed in a Palm Beach County wrongful death negligence case, the personal representative must prove four elements:
The civil standard of proof is preponderance of the evidence (more likely than not)—significantly lower than the criminal standard of proof beyond a reasonable doubt. A wrongful death case can succeed even when criminal prosecution fails.
Under Florida Statute 768.20, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. The personal representative:
Palm Beach County wrongful death cases require opening probate in Palm Beach County Circuit Court, Probate Division (Palm Beach County Courthouse, 205 N Dixie Highway, West Palm Beach, FL 33401).
Florida Statute 768.21 divides wrongful death damages between survivors and the estate.
Survivors who can recover:
The estate can recover:
Economic damages:
Non-economic damages:
Punitive damages: Punitive damages are rare in Florida wrongful death cases. They require proof of intentional misconduct or gross negligence—a higher standard than ordinary negligence. Most wrongful death cases proceed on compensatory damages only.
Under Florida Statute 95.11, wrongful death lawsuits must be filed within two years of the date of death. This is one of the shortest statutes of limitations in Florida personal injury law (compared to four years for most personal injury cases).
The deadline is strictly enforced. Missing it means losing the right to sue permanently. Limited exceptions exist (such as for cases involving murder or manslaughter), but these are narrow. The two-year clock runs from the date of death, not from when a personal representative is appointed.
Medical Malpractice: Florida medical malpractice cases require pre-suit investigation under Florida Statute 766. Families must serve notice of intent to sue and obtain a medical expert affidavit confirming reasonable grounds before filing suit.
Dram Shop (Alcohol Liability): Florida Statute 768.125 allows limited claims against bars or restaurants that served alcohol to a person known to be habitually addicted to alcohol or to a person under the legal drinking age. Standard intoxication does not trigger dram shop liability under Florida law.
Sovereign Immunity (Government Cases): Cases against Florida government entities (Palm Beach County, cities, the Palm Beach County Sheriff’s Office, government employees) face sovereign immunity damage caps of $200,000 per person and $300,000 per incident.
Maritime Wrongful Death: Cases occurring on navigable waters may proceed under general maritime law, the Death on the High Seas Act, or Florida wrongful death law depending on circumstances.
Aviation Cases: Aviation wrongful death cases involve specialized federal law and FAA regulations, with specific procedural requirements.
In March 2023, Florida significantly changed its comparative negligence law through House Bill 837. Florida now uses modified comparative negligence with a 50% bar.
How current Florida law works:
If the deceased was 50% or less at fault for their own death, damages are reduced by their fault percentage—but recovery is still possible. If the deceased was more than 50% at fault, the family cannot recover any damages.
Example where recovery is allowed: On $1,000,000 in damages with the deceased found 30% at fault: $1,000,000 × 70% = $700,000 recovery
Example where recovery is barred: On the same $1,000,000 in damages with the deceased found 60% at fault: $0 recovery, because fault exceeded the 50% threshold.
This is a significant change from Florida’s prior pure comparative negligence system, which allowed recovery even when the deceased was 99% at fault. Cases involving deaths before March 24, 2023 may proceed under the prior pure comparative negligence rule, depending on when the injury occurred. Cases involving deaths after that date proceed under the modified system.
Insurance companies aggressively try to drive the deceased’s fault percentage past the 50% threshold to eliminate recovery entirely. Strong legal representation is more important than ever under the new law.
Sovereign Immunity Caps:
If the lawsuit is against a Florida government entity (Palm Beach County, cities like West Palm Beach or Boca Raton, the Palm Beach County Sheriff’s Office, the Florida Department of Transportation, government employees acting within their employment), damages are capped at:
Higher recovery requires the Florida Legislature to pass a claims bill—a slow, uncertain process. Notice requirements differ when suing government entities; failure to comply can bar the claim entirely.
Medical Malpractice Caps:
Florida previously imposed caps on non-economic damages in medical malpractice cases. The Florida Supreme Court has struck down many of these caps as unconstitutional. Current law is complex and case-specific.
Most Palm Beach County wrongful death cases have no statutory damage caps. Cases against private individuals, businesses, or property owners proceed without statutory limits.
Palm Beach County wrongful death cases frequently involve multiple liable parties:
Identifying all liable parties maximizes available insurance coverage and assets for recovery.
Palm Beach County traffic wrongful death cases often hit insurance limit problems quickly. The at-fault driver may carry minimum Florida coverage limits, leaving inadequate compensation.
Uninsured/Underinsured Motorist (UM/UIM) coverage on the deceased’s own auto policy can provide significant additional recovery. Many Florida residents carry UM/UIM coverage but don’t realize how it applies after a fatal crash. A wrongful death lawyer should investigate UM/UIM coverage on every available policy.
Palm Beach County wrongful death cases proceed through Palm Beach County Circuit Court using a specific legal process.
Main Courthouse Location: Palm Beach County Courthouse 205 N Dixie Highway West Palm Beach, FL 33401
The Palm Beach County Courthouse, located in downtown West Palm Beach, houses Circuit Court (which handles wrongful death cases) and County Court. Wrongful death cases are filed in Circuit Civil Division for the lawsuit, and Probate Division for the appointment of personal representatives.
Palm Beach County also operates additional courthouses serving different parts of the county, including the South County Courthouse (Delray Beach) and the West County Courthouse (Belle Glade).
Within days of death, file a petition for administration in Palm Beach County Circuit Court, Probate Division. The court appoints a personal representative (typically the surviving spouse or, if none, the heir selected by family). This takes 4-8 weeks if uncontested—longer if family members dispute the appointment.
Critical: Florida’s two-year wrongful death statute runs from the date of death, not from probate appointment. Don’t delay.
Palm Beach County wrongful death lawyers investigate the case:
Before filing a lawsuit, attempts are typically made to resolve the case with the at-fault party’s insurance company. Pre-suit settlements can occur if liability is clear and damages are documented.
The personal representative files the wrongful death complaint in Palm Beach County Circuit Court. The complaint identifies defendants, describes the cause of action, and requests damages.
Both sides exchange evidence through:
Discovery typically takes 6-12 months in Palm Beach County wrongful death cases.
Palm Beach County courts require mediation before trial in most wrongful death cases. A neutral mediator (often a retired Palm Beach County judge) facilitates settlement negotiations. The vast majority of Palm Beach County wrongful death cases settle at or before mediation.
If mediation fails, the case proceeds to trial in Palm Beach County Circuit Court. A jury of 6-12 people drawn from Palm Beach County hears evidence and decides:
Palm Beach County wrongful death trials typically last 3-10 days depending on complexity.
Once a settlement or verdict is reached and paid:
What is the statute of limitations for wrongful death in Palm Beach County?
Florida law requires wrongful death lawsuits to be filed within two years of the date of death under Florida Statute 95.11. The deadline is strictly enforced, with very limited exceptions (such as cases involving murder or manslaughter). The clock runs from the date of death, not from when a personal representative is appointed. Don’t delay opening probate or consulting a lawyer.
Who can file a wrongful death lawsuit in Palm Beach County?
Under Florida Statute 768.20, only the personal representative of the deceased’s estate can file a wrongful death lawsuit. The personal representative is appointed by Palm Beach County Circuit Court, Probate Division. Survivors don’t file directly—the personal representative files on behalf of the survivors and the estate. Appointment typically takes 4-8 weeks if uncontested.
Which Palm Beach County hospitals handle the most severe wrongful death trauma cases?
Palm Beach County has two Level 1 Trauma Centers: St. Mary’s Medical Center (901 45th Street, West Palm Beach) and Delray Medical Center (5352 Linton Boulevard, Delray Beach). These facilities receive the most severely injured patients from throughout the county. Medical records from these hospitals are critical evidence in wrongful death cases.
What police agency investigates wrongful deaths in Palm Beach County?
The investigating agency depends on location. The Palm Beach County Sheriff’s Office (PBSO) patrols unincorporated Palm Beach County and contracts with several cities. Florida Highway Patrol investigates crashes on I-95, the Florida Turnpike, and state highways. Many cities (West Palm Beach, Boca Raton, Delray Beach, Boynton Beach, Palm Beach Gardens, Jupiter, the Town of Palm Beach, and others) maintain their own police departments.
Can I file a wrongful death claim if my loved one was partially at fault?
It depends on the percentage of fault. Florida uses modified comparative negligence under Florida Statute 768.81 (as amended by HB 837 in March 2023). If your loved one was 50% or less at fault, you can recover damages reduced by their fault percentage. For example, 30% fault on a $1 million claim yields $700,000. However, if your loved one was more than 50% at fault, the family cannot recover any damages.
Can I sue Palm Beach County or a city for wrongful death?
Yes, but Florida’s sovereign immunity caps damages at $200,000 per person and $300,000 per incident in cases against government entities. Higher recovery requires the Florida Legislature to pass a claims bill—a slow process. Notice requirements differ from suing private parties. Common government cases involve dangerous road conditions, inadequate signage, traffic signal failures, or negligence by government employees.
What if my loved one died on I-95 in Palm Beach County?
I-95 has been ranked among the most dangerous highways in the United States, with Palm Beach County recording the highest I-95 fatality count of any Florida county. I-95 crashes typically involve Florida Highway Patrol investigation, accident reconstruction, and analysis of vehicle data, witness statements, and surveillance footage. Trucking companies, employers, vehicle manufacturers, and impaired drivers can face liability in addition to at-fault drivers.
What if my loved one was killed in the Town of Palm Beach?
The Town of Palm Beach has its own police department (Town of Palm Beach Police Department) and is a distinct community from West Palm Beach. Wrongful death cases involving Palm Beach often involve ultra-wealthy victims or survivors, which can affect estate complexity, economic damages calculations, and the involvement of high-net-worth insurance. Common Palm Beach wrongful death scenarios include A1A crashes, luxury vehicle collisions, country club and resort incidents, yacht and maritime cases, and incidents involving domestic staff or contractors on Palm Beach estates.
What if my loved one died at St. Mary’s, Delray Medical Center, or another Palm Beach County hospital?
Medical malpractice wrongful death cases against any Florida hospital require pre-suit investigation under Florida Statute 766. You must serve notice of intent to sue and obtain a medical expert affidavit confirming reasonable grounds before filing suit. Common malpractice scenarios include misdiagnosis, surgical errors, anesthesia errors, medication errors, and hospital-acquired infections.
How long do Palm Beach County wrongful death cases take?
Pre-suit settlements: 6 months to a year. Cases that file suit and settle: 1-2 years. Cases going to trial in Palm Beach County Circuit Court: 2-3+ years. Appeals can add another 1-2 years. Palm Beach County courts require mediation before trial, which often leads to settlement. Timeline depends on case complexity, disputed liability, court schedules, and insurance company cooperation.
What if my loved one died on Atlantic Avenue in Delray Beach or another high-crash corridor?
Atlantic Avenue and several Palm Beach County corridors (Military Trail, Okeechobee Boulevard, Glades Road, PGA Boulevard, Linton Boulevard) account for many of the county’s traffic wrongful deaths. These cases proceed under Florida law in Palm Beach County Circuit Court. Liability investigation includes police reports, traffic signal timing, witness statements, surveillance footage, vehicle data, and accident reconstruction.
What if my loved one died in a Palm Beach County nursing home?
Palm Beach County has one of Florida’s largest senior populations (23% of residents are 65 or older), meaning nursing home wrongful death cases are common. Cases involve neglect (falls, dehydration, bedsores, medication errors, delayed emergency response) or abuse. File complaints with the Florida Agency for Health Care Administration (AHCA) and consult a wrongful death lawyer. Medical records, facility inspection reports, staffing records, and expert testimony are critical.
Does Madalon Injury Law serve all Palm Beach County cities?
Yes. Madalon Injury Law represents wrongful death families throughout every city, town, village, and unincorporated area of Palm Beach County—from West Palm Beach to Boca Raton, from Jupiter to Belle Glade, from the Town of Palm Beach to Wellington.
What if the at-fault driver in a Palm Beach County crash had no insurance?
Check whether your loved one had uninsured/underinsured motorist (UM/UIM) coverage on their own auto policy. UM/UIM coverage often applies to wrongful death and can provide substantial recovery even when the at-fault driver lacks coverage. You can also sue the at-fault driver personally, though collection from individuals without assets is difficult. Multi-party cases sometimes uncover other liable parties with insurance or assets.
What if my loved one was killed in a Palm Beach County construction accident?
Workers’ compensation provides limited benefits for workplace deaths—typically funeral expenses and a portion of lost wages. However, third-party wrongful death claims allow families to pursue full damages against general contractors, property owners, equipment manufacturers, subcontractors, and other parties not protected by workers’ comp immunity. OSHA reports, safety records, and expert testimony are critical.
What if my loved one was killed by a drunk driver in Palm Beach County?
The drunk driver remains personally liable and may face criminal charges separately. Florida’s dram shop law (Florida Statute 768.125) allows claims against bars or restaurants in limited circumstances—when they served alcohol to a person known to be habitually addicted to alcohol or to a person under the legal drinking age. Standard intoxication does not trigger dram shop liability under Florida law. UM/UIM coverage on the deceased’s policy may also apply.
Can adult children recover in a Palm Beach County wrongful death case?
Florida law restricts adult children’s recovery. Adult children (25+) can only recover for mental pain and suffering if there is no surviving spouse. If a spouse survives, adult children typically cannot recover unless they were partly or wholly dependent on the deceased. Minor children (under 25) can always recover regardless of whether a spouse survives.
How are Palm Beach County wrongful death settlements distributed?
Survivors’ damages (loss of support, companionship, mental pain/suffering) are distributed to each entitled survivor per Florida Statute 768.21. Estate damages (lost earnings, medical/funeral expenses) are distributed per the deceased’s will or Florida intestacy law. The personal representative collects all damages and distributes them under Palm Beach County probate court oversight. Settlements involving minor survivors require court approval.
Do Palm Beach County wrongful death settlements get taxed?
Generally no. Under IRS rules, wrongful death compensation for personal injury or death is not taxable income. Punitive damages (if awarded) and pre-judgment interest may be taxable. Florida has no state income tax. Consult a tax professional for case-specific advice.
What if my loved one was killed in a hit-and-run in Palm Beach County?
Hit-and-run wrongful deaths can still result in recovery. Even if the at-fault driver isn’t identified, your loved one’s uninsured motorist coverage often applies. If the driver is later identified, you can sue them and any liable third parties. PBSO, FHP, and city police departments investigate hit-and-runs. Surveillance footage from nearby businesses and apartment complexes is often critical.
What if my loved one died in a drowning at a Palm Beach County beach, pool, or waterway?
Drowning wrongful deaths can give rise to claims under Florida pool safety law and general premises liability. Property owners must comply with fencing, gate, alarm, and safety equipment requirements under Florida Statute Chapter 515. Beach drownings may involve premises liability against beach operators or municipalities (with sovereign immunity caps). Maritime drownings involve specialized law.
What does it cost to hire a Palm Beach wrongful death lawyer?
Madalon Injury Law works on a contingency fee basis. You pay nothing upfront. No retainer. No hourly fees. We collect a fee only if we recover compensation for you. The contingency fee structure means Palm Beach County families can pursue wrongful death cases regardless of their financial situation. The fee is a percentage of the recovery, agreed upon in writing before representation begins.
The unexpected death of a loved one is devastating. Florida’s wrongful death laws, Palm Beach County probate, tight deadlines, and aggressive insurance companies make an already painful situation overwhelming. At Madalon Injury Law, we represent wrongful death families throughout every Palm Beach County municipality. We handle the legal fight while you focus on grieving and healing.
We Serve All of Palm Beach County
Madalon Injury Law represents wrongful death families across every Palm Beach County city, town, village, and unincorporated area:
We Know Palm Beach County
We’ve handled wrongful death cases throughout Palm Beach County involving:
We Know Palm Beach County Courts
Madalon Injury Law works with Palm Beach County Circuit Court. We understand:
We Coordinate with Palm Beach County Police Agencies
Palm Beach County wrongful death cases often involve coordination with:
We Work with Top Experts
Palm Beach County wrongful death cases require expert testimony:
We Navigate Palm Beach County Probate
Palm Beach County wrongful death cases require opening probate in the county. We coordinate with probate counsel (or handle probate ourselves) to:
We Fight Insurance Companies
We see through insurance company tactics:
We’re Prepared for Trial
When settlements aren’t fair, we take cases to trial in Palm Beach County Circuit Court. We know how to present complex evidence to Palm Beach County juries.
We Work on Contingency
You pay nothing upfront. No retainer. No hourly fees. We only collect if we recover for you. This contingency model means Palm Beach County families can pursue their cases regardless of financial circumstances.
We Treat Your Family with Compassion
Wrongful death cases are different from other legal matters. You’re not just a client—you’re a grieving family. We treat you with respect, compassion, and care.
Contact Palm Beach Wrongful Death Lawyers
If you’ve lost a loved one due to negligence anywhere in Palm Beach County, you’re facing one of life’s hardest experiences. You shouldn’t navigate Palm Beach County courts, Florida’s wrongful death laws, and insurance companies alone.
The Palm Beach wrongful death lawyers at Madalon Injury Law represent families throughout every Palm Beach County municipality and unincorporated area—from West Palm Beach to the Town of Palm Beach, from Boca Raton to Jupiter, from Wellington to Belle Glade. We understand Palm Beach County’s geography, hospitals, courts, police agencies, and the legal landscape unique to this part of Florida.
Call us today for a FREE consultation.
No fees unless we win.
Contact Madalon Injury Law
Most people are not aware of how the law works, the rights they have and the amount of compensation they can be entitled to after they have been injured in an accident that was the result of another party’s negligence. The obstacles and confusion that follow an accident and an injury can seem overwhelming.
