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Suddenly losing a loved one in a fatal accident can be a devastating experience, especially if another person’s negligence caused it. In these situations, family members could seek justice for their loved one by filing a wrongful death lawsuit.
If you believe you have a viable claim, the skilled personal injury attorneys at Kogan & DiSalvo could help you protect your legal rights and offer support during this difficult time in your life. With Palm Beach Gardens wrongful death lawyers by your side, you could pursue compensation and justice from the responsible party.
Who May File a Wrongful Death Lawsuit?
While some jurisdictions designate specific individuals with the right to bring a wrongful death lawsuit, others, including Florida, require a representative from the deceased person’s estate to file the case. In Palm Beach Gardens, the individual heirs of a deceased person do not have the right to file suit, unless appointed by the court. Often, the deceased person’s will or estate plan nominates someone to serve as a personal representative.
When a will fails to select someone, or when that person is unable to serve, the court typically nominates a legal representative. In some cases, this representative is a person that expects to recover from the claim. Experienced Palm Beach Gardens wrongful death attorneys could help a surviving relative navigate this daunting and overwhelming process regardless of whether they are eligible to file a claim or not.
Who has the Right to Recover?
The ability to bring a lawsuit differs significantly from the right to share in a damage award. According to state law, every wrongful death claim must identify the name of the family members that qualify to receive compensation. This list may differ significantly from the beneficiaries of the deceased person’s will.
The spouse, parents, and children of the deceased are entitled to recover the proceeds of these claims. Additionally, any blood or adoptive relative that was financially dependent on the decedent may recover damages as well.
Deadline to File
Florida Statutes §95.11(4)(d) establishes the deadline that most wrongful death plaintiffs must obey. If a claimant files their lawsuit after the deadline expires, a court may dismiss the case, and the estate may not be able to hold the at-fault party responsible.
The deadline for a wrongful death lawsuit expires two years from the date the person died. Seasoned Palm Beach Gardens lawyers could work to ensure that a claimant files their wrongful death case before the statutory deadline.
Speak with a Palm Beach Gardens Wrongful Death Attorney
When it comes to filing a wrongful death claim, there is no time to waste. These cases can move quickly, and it is critical to protect your rights throughout the process.
To ensure your claim is protected, contact the dedicated and caring attorneys at Kogan & DiSalvo right away. Legal counsel could help you pursue the compensation on your loved one’s behalf and hold the negligent party accountable for their reckless and careless actions. To get started on your claim, schedule a free initial consultation today.
