How Can A Wrongful Death Claim Be Brought Forward?
A wrongful death would probably be a whole other subject in and of itself. There is a wrongful death act statute in Florida, and under the guidelines of that statute, it would be permissible to file a claim for damages for the wrongful death of the victim on behalf of the people who were left behind, such as the wife and children.
The wife would have a right to collect damages for her loss of consortium, of companionship and the children would have a right to file separately as well so they could collect damages for their loss as well. Each claimant or each survivor would be able to have an independent claim under the statute for damages against the establishment.
Which Family Members Can File A Wrongful Death Claim?
It is a hierarchy and it would be somewhat like a will. In Florida, the spouse would primarily be the beneficiary and then the children, but the person’s parents may also claim in case there was no spouse or children.
It can get a little bit technical in regards to age limitations and also with regards to some fields of law like medical malpractice where the statute would be a little bit different, although that would be highly technical for the purposes of probate, opening up the estate and regarding who the survivors are and who could make a claim. Our firm has a probate attorney who would generally get this process going.
Do You Have Your Own Probate Attorney In Your Firm?
We would usually associate with a probate attorney who specialized in probate law to make sure that all the T’s were crossed and the I’s were dotted before we began the lawsuit.
How Long Do Negligent Security Claims Or Wrongful Death Cases Typically Take?
All of the cases in our firm are handled very diligently and expeditiously and we try to bring the case to resolution within a year. Cases that are heavily contested may end up being resolved within two years, which is still very quick.
What Are The Biggest Challenges Claims Face In These Cases?
In case of a fatality, the only challenge to the client would be the challenge of losing someone they loved, and the bigger challenge would be dealing with the fact that the person they loved who just gone to put gas that afternoon, was no longer with them.
The family would have to deal with the fact that the person who was the sole provider and breadwinner in that family and who was a father and a husband, was no longer with them because his car was stolen when he was putting gas and as he tried to exit the car, he was shot anyway.
These are just some of the types of things people would have to deal with, although in a case where the person survived, then not only would there be a physical aspect, but there would also be a huge psychological burden that the person would be scarred with for the rest of their lives.
I handled a case involving a mugging victim who had been stalked by three masked armed men at a shopping center here in South Florida. She was beaten and her leg was broken in several places, and aside from her physical ailments as a result of the mugging, she is scarred mentally forever due to the fact that she had three masked men assault her and they actually even had her kidnapped for a short time.
For more information on Wrongful Death Claims, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (305) 985-7800 today.
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