A wrongful death case is a very confusing and traumatic experience, and it can be compounded by not having legal counsel throughout the process. In a case of wrongful death, family members are left in a position where they’re already grieving the loss of a loved one. This is traditionally a time where people are told not to make any life-changing decisions because the immense emotional strain can cause you to lose perspective and make bad choices. This is why it’s imperative to seek legal counsel during this time.
A trained, professional attorney familiar with wrongful death suits and the laws in your state can look at your case without bias. Their judgment is not clouded by emotional distress, so they can determine whether your situation meets legal criteria to follow through with a suit.
While your perspective on the case will likely be clouded by loss and grief, your attorney can look at all the evidence and counsel you on what the law provides for your situation. As most people aren’t familiar with this area of law, there are usually a few questions people have with regard to wrongful death and how it’s determined in the eyes of the law.
Basic Information on Wrongful Death
A wrongful death suit might be filed if the person’s death was caused intentionally or accidentally by another party. This might be through negligence, a faulty product, or incompetence. These may be accidents that occur at work, driving, or even in a hospital.
- Insurance. In many cases, people rely on insurance coverage. Realize that your insurance may not be all that you’re entitled to if the death was caused by someone else’s actions or fault. Your insurance may also not be sufficient to cover the lost wages over the person’s lifetime or other costs associated with their death.
- Legal Requirement to File. Wrongful death suits need to be filed by the legal representative of the estate. In many cases, a legal representative might not have been named. A lawyer can help you determine who the law would find as the legal representative and whether that title needs to be named by a court of law.
- Statute of Limitations. There is a statute of limitations on wrongful death claims. In Florida, a suit must be filed within two years. If that time elapses, the law determines that you’re no longer allowed to seek damages, so it’s important that you decide to pursue the case in a timely fashion.
Do You Think Your Loved One’s Death May Meet the Criteria of a Wrongful Death Suit?
If you’re uncertain about the legalities or believe that your case may fit the criteria of wrongful death, contact Ginnis & Krathen for a free case evaluation. Our attorneys can examine your case and give you personalized counsel on the best avenue to protect your family and finances.