When a loved one is unexpectedly killed one of the last things that the survivors may be thinking about is retaining a wrongful death lawyer. This is completely understandable. However, it may be extremely important to seek the guidance of an experience West Palm Beach wrongful death lawyer right away. On top of the entire emotional trauma, the surviving family may also have financial difficulties once the financial support of that deceased is gone. This financial hardship is one of the reasons that a wrongful death lawsuit may be right for you.
So we have all heard of the term wrongful death but what does it exactly mean? A wrongful death claim is a civil action that is brought about by the surviving family members of someone that is killed by a negligent person or by the misconduct of someone else. With that being said there are only a handful of people that can actually file a wrongful death lawsuit. The Florida Wrongful Death Act reads that survivors of the deceased are able to seek compensation in the event that they have lost support or some type of service as soon as their loved one died. As defined in the Act the survivors are listed as a spouse, a child, a parent, along with any relative that was providing some type of support, either financial or emotional. It is important to understand that there is a time limit to file a wrongful death lawsuit in the state of Florida and failure to file within this time will result in the case being dismissed.
There are certain elements that must be met for a wrongful death case to proceed. Generally these cases will involve negligence, recklessness, or some type of deliberate poor action that resulted in your loved ones death. When someone acts negligently, it means that they failed to act in a manner that a reasonable person would have acted under the same or similar circumstances. In order for your lawyer to win your case they will have to prove that a wrongful death occurred and in doing so will have to show that the person had some type of duty to care for the person that died. While they had this duty their action or lack thereof was not up to a reasonable standard of care and that these actions are the direct cause of death.