Do you know what to do with a sudden wrongful death in your family?
We are asked about wrongful death matters every week. Sometimes it is a question about a tragic and recoverable case. Other times it is simply confusion over the law and what happens when someone dies.
Let’s separate out a few instances. First when someone dies it is typically not another parties fault. There are hundreds of reasons why people die but we can put them into two basic categories: natural cause and disease. When that happens either the person has a will, in which case you go to a division of the County Court called Probate Court and open up "an estate" (that the name we call the 'action) and pass on the deceased persons assets through the directions left in the will. If the person dies without a will, in that case the state has set up rules for the court to follow to pass on the assets and pay off the deceased person's debts. That is called dying "intestate". To get the job of passing along assets and paying off debts done right most people hire an attorney. The cost of the attorneys help is usually related to the amount of assets which need to be distributed. It makes sense that the more stuff and money there is to pass on, the more the legal fees will be to administer that open court proceeding called the estate.
If a person dies because of another person’s negligence then you still open up an estate with the Probate Court. Yet, that estate may, in fact usually, have the right to collect a money judgment against the person or entity that caused the death. Also, the decadents loved ones may also have a right to collect for that death. This right is called a wrongful death claim. It is controlled by Florida Statute 768.21. The estate itself has some rights to recover money, and each allowed dependent under the statute has a right to collect. Some of the things these people or estate can collect are lost earnings and lost support of the person who died as well as mental pain and suffering.
There are some crazy exceptions to these rules. This is especially true in medical malpractice cases. Interestingly that statute defines "minor children" as under the age of 25. Also prohibits malpractice in cases without applicable dependents, like a spouse or minor child. So the rules are tough to follow if you're not familiar with both the malpractice statute and the wrongful death statute (and the number of court decisions which go along with it!!).
The other big issue in these cases is the short statue of limitations, which can be as short as a year to bring your case to court! It is no wonder people call confused. It is a confusing area of law. If you have any questions remember to call an attorney who does the following: A) provides a free in office wrongful death consult with an attorney, not just a paralegal. B) Takes all wrongful death cases on a no risk contingency fee basis. That means no fees or costs if you don't win money. C) Has attorneys on staff that is familiar with and have completed estate cases. D) Have attorneys on staff who are board certified trial lawyers.
LaBovick Law Group is a talented group of well established trial attorneys who are ready to handle your wrongful death needs.
