Wrongful death happens if an entity or person does not meet a legal duty they owe someone, resulting in death. When this occurs, surviving family members have the right to file a wrongful death claim.
Unfortunately, the nuances of any wrongful death case are confusing. For those who are often grieving the loss of a loved one, trying to figure out the legal aspect of the situation is frustrating and impossible.
However, an attorney can help with the legal case and provide tips for a wrongful death case. They can also help the surviving family determine if they have a strong case against the accused at-fault party.
You can find the answer to “is it a wrongful death,” and “can I file a lawsuit,” here.
Usually, a wrongful death claim is filed after a victim with the right to file a personal injury claim against someone dies due to the other party’s wrongful actions.
Some of the most common situations that lead to wrongful death lawsuits include the following:
It’s important to note that each case is unique. Fatalities in the above situations don’t always qualify for wrongful death compensation.
To have a viable case, it’s important to know what elements must be proven.
Certain elements must be present to file a wrongful death claim against another party. These include:
It’s necessary to file the claim within the statute of limitations for the state, which is just two years. While the time limit is in place, it’s possible to file a claim after it if the investigation of the person’s death does not provide a cause of action until after the limit has passed.
In the state of Florida, the law dictates who is legally allowed to file a wrongful death claim.
Unlike other states, where family members can use this legal action to pursue compensation for the death of a loved one, in Florida, only the personal representative of the person’s estate has this right.
The court would appoint someone if the deceased person did not name this person in their will or estate plan.
Losing a loved one is difficult. It can cause grief and emotions that are challenging to deal with.
While this is true, if your loved one died because of another person’s or entity’s fault or negligence, you can receive compensation with a wrongful death lawsuit.
Contact our office today if you need help with this legal claim or have questions. Our Orlando wrongful death attorney will provide you with the legal representation you need to get the compensation you deserve.
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Disclaimer regarding the outcome of legal matters on The Maaswinkel Law, P.A website. All lawsuits are unique, and the law firm does not make any representation or promises that it can achieve the same results in other legal matters. Additionally, nothing on the website should be interpreted as a guarantee, warranty, or prediction regarding the outcome of any future legal matter.