What is a Wrongful Death Claim?

What is a Wrongful Death Claim?

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A wrongful death claim exists when someone dies as a consequent of the negligence of another party. Fatal injuries occur frequently in car crashes, bicycle and truck accidents, curative negligence, and stock liability claims. These cases differ from other injury cases because they are governed by the Florida wrongful death statute. The wrongful death statute specifically provides who is entitled to receive compensation, as well as the types of damages which may be recovered. What I said. It just isn't the actual final outcome that the true about Clearwater Accident Attorney. You see this article for info on an individual wish to know is Clearwater Accident Attorney. Clearwater Accident Attorney There are some distinguishing factors about death claims. First, in Florida, there is a much shorter time within which a death claim must be filed, generally within two years of the date of death. Normal injury claims in Florida, other than curative negligence, must be brought within a duration of four years. The duration of time within which a claim must be brought is referred to as the statute of limitations. Second, death claims are pursued by a personal representative appointed by the court on behalf of all beneficiaries of the decedent's estate. There may be some people with the right to pursue claims when someone dies, such as: both parents of a surviving minor child, even though they are divorced; children of a deceased parent; or a parent and one or more children of the decedent. A petition must be filed in the Probate Court on behalf of the decedent's estate for the appointment of the personal representative, generally the surviving spouse, adult child, a parent or other relative. Once appointed, the personal representative of the estate is given authority to support a lawyer on behalf of the estate and to pursue all claims for payment on behalf of all beneficiaries. Additionally, Florida's curative malpractice statute has modified the right of saving under the wrongful death statute. For instance, adult children, who would be entitled to saving under the wrongful death statute for the death of a parent who was not survived by a spouse, are excluded from saving when death occurs as a consequent of curative negligence. These statutes must be carefully examined to conclude who may be entitled to recover damages. Sometimes the injury lawyer retained on behalf of the personal representative may also narrate the estate in the probate proceedings. More commonly, the injury lawyer will associate a probate and estates lawyer to handle the probate proceedings. It is beyond the scope of this description to figure in any detail the potential beneficiaries of a wrongful death claim and the damages they may be entitled to receive. When these tragedies occur, consultation with an experienced personal injury lawyer should be pursued at the earliest opportunity. I hope you receive new knowledge about Clearwater Accident Attorney. Where you possibly can put to use within your evryday life. And most of all, your reaction is passed about Clearwater Accident Attorney. Read more.. What is a Wrongful Death Claim?.