Under Florida law, including the City of Lantana, “wrongful death” is the unnatural and untimely death of a person caused by the willful or negligent act of another.
Wrongful death cases differ from personal injury cases in that the statute of limitations is shorter, and the elements of damages are different. In addition, wrongful death cases are brought on behalf of the estate of the deceased person.
If you have recently lost a loved one due to the malice or negligence of another person, you may wish to speak with a Lantana wrongful death lawyer. Our experienced attorneys at Kogan & DiSalvo could help put together the necessary case for compensation and help soften the financial consequences of your loss. En Español.
Florida laws govern all of Florida’s counties and cities. Therefore, wrongful death cases are handled the same way in Lantana as in the rest of the State of Florida. If you are seeking a wrongful death claim for a relative from Florida, but you live out of the state, it may be important to hire a local attorney who understands the specific laws and regulations of the decedent’s home.
In Florida and in the City of Lantana, the statute of limitations to bring a wrongful death action is two years from the date of death, while the statute of limitations for a survival action is four years from the date of the incident that led to the death.
Chapter 732 of the Florida Statutes governs how to deal with an estate when a person dies in the absence of a written will or trust, which is known as an “intestate estate.” Our compassionate wrongful death lawyers in Lantana could walk surviving family members through the process of handling an intestate estate.
A wrongful death case begins upon the death of the person in question. A family member should contact a wrongful death attorney as soon as they are able so that an attorney can be involved in the claim from the beginning.
A seasoned attorney could put the person in contact with an estate attorney familiar with the Florida wrongful death statute, and the estate attorney can begin the process of opening up an estate on behalf of the decedent.
The process of investigating a wrongful death claim begins as soon as the death occurs. In most wrongful death cases, attorneys need to rely on third parties to gather evidence. Oftentimes, an autopsy will be conducted to determine the specific cause of death. Other important evidence may include medical records, doctor testimony, and independent witness testimony.
It is difficult to put a time limit on how long a wrongful death case will take from start to finish. Depending on the facts of each case, a wrongful death case could settle mere days after hiring an attorney, or it could take several years if the case is one that needs to go to trial. If a jury verdict is later appealed, it will take even more time, maybe years, to reach the final resolution of the case.
A wrongful death case is only fully completed after a settlement or jury verdict has been reached, after all time periods to appeal a verdict have expired, after the settlement or judgment money is received in hand, and after all of the money received is dispersed.
Experiencing the loss of a loved one is all the more difficult when that loss comes as the result of another party’s negligence. If you have lost a family member, a Lantana wrongful death lawyer could help you file a legal claim and hold the responsible entity accountable. When you are ready, consider reaching out to our dedicated attorneys at Kogan & DiSalvo to learn about the next steps in the legal process.
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