There is no easy way to deal with the unexpected loss of a loved one. Most people prefer to focus on grieving in their own personal way. However, there can be underlying legal issues to consider during this sensitive time. This is especially true when a family member’s death was avoidable.
If you have lost a loved one due to an act of negligence, a Wesley Chapel wrongful death lawyer may be able to help. A civil lawsuit cannot erase your loss, but it may offer a measure of justice. When you rely on the support of a compassionate injury attorney, you can leave complex legal matters to us and focus on dealing with your grief.
The unexpected death of a person will not always lead to a viable case for compensation. Wrongful death actions are intended for situations where negligence, a breach of contract, or some other kind of wrongful act leads to the death of another person. In general, another person’s carelessness or inaction must result in a family member’s passing in order for there to be grounds for a civil lawsuit.
This can happen in a variety of situations. Many wrongful death actions stem from motor vehicle accidents like car, truck, motorcycle, pedestrian, and bicycle wrecks. Wrongful death can also occur from dangerous property conditions, defective products, dangerous drugs, nursing home abuse, and more.
It is also possible that the same circumstances that provide grounds for a wrongful death action also lead to criminal charges. These are two distinct legal processes, and one is not reliant on the other. When the police choose not to press charges, enlisting the help of a wrongful death lawyer in Wesley Chapel might be your only chance to pursue justice.
Every state has its own approach for filing wrongful death lawsuits. In many jurisdictions, it is possible for certain surviving relatives such as spouses or children to file a lawsuit directly following the death of an immediate family member. Florida takes a different approach.
Under state law, only the personal representative of the deceased person’s estate can file a wrongful death action. Also known as the executor, this party represents the estate in court. However, that does not mean they are entitled to the proceeds, which are intended for surviving family.
In fact, the executor is often a direct relative of the deceased person. An attorney in Wesley Chapel can assist a personal representative with the wrongful death lawsuit process.
Wrongful death actions must comply with something known as the statute of limitations, which is a strictly enforced legal deadline. Typically, the personal representative has two years from the date of a person’s death to file their case.
Pursuing legal action after this deadline expires can have devastating consequences. The court could dismiss the case with prejudice, permanently barring the family from ever recovering damages.
One of the benefits of hiring a Wesley Chapel lawyer to help with a wrongful death action is leaving important legal deadlines with them. An attorney can focus on the statute of limitations, allowing the surviving family members to spend time on what matters most.
If your loved one lost their life due to someone else’s negligence, a wrongful death suit might be your best chance to hold them accountable. However, these claims can be difficult to manage without help. Contact a Wesley Chapel wrongful death lawyer—we can guide you every step of the way.
727-849-5353