The loss of a loved one before their time is always tragic. When that loss comes as a result of the negligence of another person or a business, it is even more difficult to bear. Florida Law allows for the Personal Representative of the Estate of the Deceased Person to bring an action for wrongful death on behalf of the Estate and any Survivors who may have a claim.
There is a two-year statute of limitations on wrongful death claims, so it is imperative that these claims are acted upon quickly so that a proper investigation may be made and all the evidence gathered. As painful as this is, it may sometimes involve an independent autopsy. When you are dealing with this loss, collecting evidence seems like an impossible task. It is important to seek help immediately, so that you can focus on your family and begin your own healing process, and let someone else deal with the investigation. This is what we do.
Be it the result of an automobile, truck, motorcycle, bicycle or pedestrian incident, premises liability, a defective product or medical negligence, getting the right law firm to help you evaluate a potential wrongful death claim as soon as possible is incredibly important.
WHO CAN BRING A WRONGFUL DEATH CLAIM?
Before any wrongful death claim may be filed, an estate must be opened. If the deceased had no will, typically the court will appoint a spouse or other close next of kin to be the Personal Representative of the Estate. If there is a will in place, then the Personal Representative is named in the will. The Personal Representative is the decision maker for the Estate. They are charged with hiring an attorney to bring the wrongful death claim on behalf of the Estate and any survivors. You will need the help of a Probate lawyer to open the estate. If necessary, we help you secure a Probate attorney to open the Estate, so the the process runs smoothly, then we help you identify all of the potential survivors.
Every case is different, but one thing is the same: the pain of the loss. It may dull with time, but it never really goes away. While it can help replace a financial loss, money will never replace a loved one. We understand that. In our experience, the process of bringing a Wrongful Death claim is part of the greater healing process, and is about much more than seeking money damages. Bringing a Wrongful Death claim and holding the at fault party or parties accountable, in the hope that a future loss for someone else might be avoided, can help bring closure that money never can.