Was a relative or loved one recently killed in a work place accident or severely injured? You may have an action for wrongful death against the party that was negligent even if your loved one was also partially at fault. Do you know about Florida’s comparative fault and wrongful death laws? You may want to see what the Fourth District Court of Appeal had to say about these types of cases.
Wrongful Death and West Palm Beach Probate
- In order to pursue an action on behalf of a loved one, an estate must be opened and thepersonal representative must be appointed.
- The personal representative will be the plaintiff in the tort action on behalf of thedecedent.
- An action for wrongful death in Florida is really an action for negligence where the damages are those caused by the death as opposed to medical bills.
- Medical bills can still also be a part of the damages though.
- Do you know where to find the rules on Florida’s wrongful death actions?
- Have you checked out the Florida wrongful death statute?
Moran v. Wolman & Wolman
- In this West Palm Beach wrongful death action an appeal was taken from the Broward County trial court after a plaintiff was denied recovery under Florida’s wrongful death statute.
- The case centered on the fact that the decedent was an independent contractor and the fact that an employer does not have the same duty to warn for an independent contractor’s employees.
- Do you agree? Does the status of the employee really matter that much?
- Palm Beach probate litigators know that a classification like “independent contractor” can be a legal determination.
- Do you know what that means?
- It means the judge or jury may disagree with the determination and reverse it.
Want to learn even more check out a complimentary copy of the case by clicking here.
Also check out the entire Florida Wrongful Death statute here.