Did you that in addition to handling the funds of the estate a West Palm Beach personal representative may also be in charge of estate litigation. This includes actions for wrongful death. Do you think the estate has a claim for negligence related to the wrongful death of the decedent? You may be able to sue and get the estate a large check for damages. Check out this recent, and very tragic case out of Miami to learn more.
Wrongful Death in West Palm Beach
- Do you know what an action for wrongful death entails?
- First of all you may want to start by taking a look at the wrongful death act to learn what constitutes a wrongful death.
- In short though when someone’s death is caused by the negligence of a third party that is a tort that the estate is entitled to sue for.
- When an estate is suing the personal representative sues on behalf of the estate in their capacity as a personal representative.
- You may be able to get a plaintiff lawyer in West Palm Beach that does not seek an upfront retainer and merely wants to take the case on contingency.
- Make sure you understand all of your rights under this type of arrangement.
- A wrongful death action in West Palm Beach could get the estate significant funds.
- That being said you may be facing an uphill battle trying to prove something when you do not have the decedent there to tell you (or the jury) his side of the story.
- Check out this recent case out of the Third District Court of Appeals to learn more about wrongful death.
Bellinger v. Fla. Dept. of Corrections
- This was a very sad case where a woman committed suicide while in jail.
- She had been arrested for violating probation.
- She violated probation because she failed to sign up for a drug rehab program which she could not afford to pay for.
- After that she was taken to jail where she hung herself.
- The estate brought an action against the department of corrections because the woman had attempted suicide in the past and the jail system did nothing to address her safety.
- Does that sound negligent to you?
- Apparently it was not to the trial court as they dismissed the claim with prejudice leaving the personal representative no chance to amend.
- These types of cases can be complicated and you need to make sure that all of your ducks are in the right row or you could end up like the personal representative in this case.
Want to learn more about wrongful death cases in West Palm Beach?
Check out the entire case by clicking here.