Wrongful Death: A Complete FAQ (Part 1 of 3)
Bill Allen | March 8, 2018 | Gainesville Personal Injury Law News
‘Wrongful death‘ is a term thrown around quite frequently in the legal industry. But before you can understand whether or not you have a case, it’s important to reach out to a Florida attorney to discuss the specific details of the incident. Navigating through a wrongful death case is never easy, but equipping yourself with adequate knowledge of the term and what it entails is the key to getting the compensation you deserve. Here’s the first installment of our complete FAQ regarding wrongful death and wrongful death lawyers.
What constitutes a wrongful death?
Wrongful death is defined as any death caused by the wrongful or negligent act of another. Wrongful death is definitely considered a basis for a lawsuit, referred to as a wrongful death action, toward the party responsible for the death. In simpler terms, the person(s) who exhibited negligent behavior.
Who can sue for wrongful death?
In Florida, the personal representative of the deceased person’s estate is the only person who can file a wrongful death lawsuit. This representative is responsible to present claims for the ‘survivors’ and for the estate. Keep in mind that state laws do vary regarding exactly who can sue for wrongful death, and each case is different and varies in complexity and specifics. As always, anyone considering taking a wrongful death action should seek the advice of a wrongful death attorney.
What is the difference between the criminal and civil cases that can be pursued regarding a death?
Typically, the major difference is whether or not the death was a direct result of a criminal action. A criminal case arises when the justice system seeks to punish someone for an illegal act. On the other hand, a civil case is one in which there is a dispute regarding the responsibilities and rights of individuals and organizations. Keep in mind that the burden of proof is always higher in criminal cases.
Knowing the answers to these questions about wrongful death laws can help you make the right decisions should you ever be faced with a difficult situation. Keep an eye out for the next post, where we’ll have our next installment of our full wrongful death FAQ, and for more information about personal injury attorneys, contact Allen Law Firm, the Florida attorney you can trust.
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