West Palm Beach, Florida Personal Injury Lawyers
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WRONGFUL DEATH
WRONGFUL DEATH LAWYER
A wrongful death lawsuit alleges that the decedent was killed as a result of the negligence (or other liability) on the part of the Defendant, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the Defendant's conduct.
As a general rule, immediate family members (i.e. spouses, children and parents) can pursue a wrongful death claim (although minors until 18 years of age may require a "guardian ad litem" to represent their interests in court). In addition, some states may also extend the potential group of plaintiffs to grandparents, legal dependents, or members of the extended family. It is critical that you speak with an experieced lawyer to see if you or your loved one qualifies to bring a claim.
Each state has its own "statute of limitation," which defines the time frame during which a lawsuit must be filed. IN FLORIDA, THE LIMITATION IS TWO (2) YEARS. The time usually runs from the time of the victim's death, although some states may allow a lawsuit to proceed if the act which caused the death was not discovered until later (for example, the spouse of the victim does not discover until the following year that the victim's death was caused by the negligence of the treating doctor. In this case, the time frame to file a lawsuit may run from the date the spouse discovered the treating doctor's negligence, rather than the date of the victim's death).
A claim, even a valid claim, may be denied if it is filed after the statute of limitation has run. If you believe that you may have a valid claim for wrongful death, it is important that you speak with a qualified wrongful death attorneyat your earliest opportunity to preserve your rights. In addition to protecting your claim in court, early action may also help to preserve evidence, or locate witnesses, that you may need to win your case.