Hiring a wrongful death lawyer is a great idea if you’ve lost a loved one in an accident. These attorneys can help you get the compensation you need to cover your family’s funeral and other expenses. They understand that life is not cheap and no amount of money can compensate for it.
Wrongful death cases are complex and can have a lengthy and complicated process. The first step is to understand what wrongful death is and why you might want to file a claim.
To be eligible for a wrongful death claim, you must show that you have an obligation to care for the deceased. This duty of care is usually violated by an act that harms the slain. A wrongful death lawyer will use this evidence to determine who is responsible. This is necessary in order for you to receive compensation for the wrongful death of your loved one. It is also important to have a good understanding of what damages are being awarded, as your wrongful death attorney needs to know the specific details of your case.
A Florida wrongful death attorney can help you prove that you had a duty to care for the person who caused the death. The duty of care may include any medical error, defective product, or traffic accident. It could even be an accident at work. If a defective product caused death, an experienced wrongdoing attorney could help you get the compensation you deserve. However, a wrongful death claim will only succeed if the defendant acted negligently.
An action for wrongful death must be filed within two years of the person’s death. In some cases, a wrongful death claim can be made after a criminal process, but the standard of proof is much lower. For example, in the case of O.J. Simpson, a criminal jury found him not guilty of murder, but a civil jury found him responsible for the wrongful death of two victims. While litigation can take many years, the statutory time limit of two years makes filing a claim possible.
The personal representative of the decedent may file a claim for wrongful death. In such cases, the personal representative must be specified in the testator’s will. If the will does not specify a personal representative, the court may appoint someone to act on behalf of the estate.
A wrongful death lawsuit can be more complex than a simple personal injury case because it involves the appointment of a personal representative and the decedent’s property.
An action for wrongful death must establish a duty to care for the testator and a breach of that duty. If the testator died without a will, his personal representative must be indicated in the will. If there is no will, then the personal representative must be a family member. If there was no will, family members could go to court to have their names listed in the will.