Are you currently serving as personal representative of a West Palm Beach estate that is embroiled in a wrongful death case? Experienced Palm Beach probate litigators know that any tort claim can be difficult to maintain but the job can get a lot harder when wrongful death and estates are involved. You may want to know the basics such as the fact that you are entitled to a copy of all relevant insurance policies! Check out Florida Statute 627.4137 and more to learn how you can win your wrongful death action today.
Personal Representatives and Wrongful Death
- Some lawsuits die with the person or shortly thereafter for example a dead man cannot sue for defamation in West Palm Beach.
- Other causes of action however do not extinguish upon death and can be brought through the estate of the decedent.
- In these cases the personal representative of the estate will act as the plaintiff and stand in the shoes of the decedent for all intents and purposes.
- What types of lawsuits can an estate bring?
- One common form of lawsuit often brought by the estate in West Palm Beach is an action for wrongful death.
- A wrongful death is any death caused by a party that was improper, it does not always have to be grounded in negligence.
- For example although O.J. Simpson was found not guilty of murder in the criminal case many do not know that he was found liable for the wrongful death of his ex-wife and her then boyfriend.
- Similarly in West Palm Beach if you feel the wrongful actions of a party caused your loved one’s death the personal representative may be entitled to sue on the estate’s behalf.
- Any lawsuit in West Palm Beach can become a paper maze but when you have an estate involved it may just multiply.
- You have to get those important papers in a timely manner and get them to the right court and/or insurance adjuster.
- It would help if you knew what you were entitled to under the law without a court order.
- Did you know that in Florida you are entitled to a copy of the insurance policies before you sue?
- Find out if there is money and whether or not the case is worth it before you pay the West Palm Beach attorney to pursue your claim do you know how?
Fla. Stat. 627.4137
- You may want to start by reading Florida Statute 627.4137, which is available from the Florida Legislature for free online (a link is at the bottom of this blog too!).
- According to this law you are entitled to a copy of the insurance policies of someone who may be liable for wrongful death.
- How do you get the documents?
- You just need to send a written demand and within thirty days you should have the papers in your hand.
- Experienced Palm Beach probate litigators know that the case may not be worth it if there is not a lot of insurance so find out in advance!
Want to learn even more?
Check out a free copy of the Florida Statute just click here.