Weston Lawyer Explains How Wrongful Death Cases Work
The loss of a loved one is always devastating, but if you believe the death was caused by another you definitely want to seek out a qualified Weston wrongful death lawyer. The rules regarding wrongful death lawsuits in Florida are stacked in favor of the insurance companies (defendants). To be successful in a wrongful death lawsuit you will need Weston attorneys like Martin, Lister & Alvarez who know how to navigate the many gray areas of wrongful death law.
Think about it for a moment. Has there ever been a time in your life when you were more hurt, angry, afraid and uncertain than now? What you need right now is an emotional lifeline to ensure you and your family don’t forfeit your rights under the law. Your first step should be to contact a law firm with proven experience in the wrongful death field and have them review your case. Having professionals plot out a plan of action will go a long way in bringing a sense of organization and normalcy back into your life.
- Do you have a case? On the surface this sounds like a pretty cut a dried issue but often times it is not. In Florida a wrongful death has to be one caused by a wrongful act, negligence, default, or breach of contract or warranty. The next question is whom do you sue and this can get complicated. Lastly there is a question of your eligibility to sue based on your relationship with the decedent.
- Who can sue? Essentially there are two types of lawsuits that can be brought. The “personal representative” of the estate can sue on behalf of the estate. If the suit is successful the award is divided among the beneficiaries of the estate. Immediate family, and that can be a tricky definition; can sue as survivors if they were at least partially supported by the decedent. The difference between the two types of lawsuits is significant. Survivors can sue for more types of losses and typically result in much larger overall awards.
- How much time has passed? Yes there is a statute of limitations but the bigger issue is the ability to investigate the case. The longer it takes before your Weston attorneys start an investigation the more difficult it is to gather evidence. Witnesses move or their memory becomes blurry, files get lost or take longer to recover and of course the physical scene will have changed. The sooner you take action the better.
Wrongful death is difficult to deal with but you can’t delay addressing it without risking your rights. If you have questions, and we are sure you do, we encourage you to submit your case to Martin, Lister & Alvarez today.