Have you just been appointed as the personal representative of a West Palm Beach estate? You may have to do more than just administer the estate if you feel that there are any lawsuits to be brought on behalf of the estate. Check out this recent case out of the Third District Court of Appeal if you are considering filing a wrongful death action in West Palm Beach.
Wrongful Death Actions
- When someone is injured due to the negligence of another they have a right to sue under tort law.
- But what happens if someone is so negligent that they cause the death of another?
- This may be ground for a wrongful death action.
- If you are the personal representative of the estate this may be your duty.
- Do you know how much time you have to bring an action?
- More importantly who are you going to retain to bring the action?
- Estate work is largely the work of probate attorneys while personal injury attorneys usually handle a tort action.
- Wrongful death actions can be a strange mix of both.
- If you are considering the ins and outs of bringing a wrongful death action then you may want to talk to an experienced Palm Beach attorney about the pros and cons.
- For example who is going to pay the judgment?
- Pursuing an insolvent plaintiff who you cannot collect from is not going to do much good.
- Furthermore how are you going to finance the litigation?
- Some lawyers may accept a contingency plan.
- That means you do not pay unless they get you money.
- To learn more check out this recent case out of the Third District Court of Appeal.
Moradiellos v. Gerelco Traffic Controls Inc.
- This was a tragic case where a construction worked died while working on the Florida turnpike near Miami.
- A relative had brought a wrongful death action against several parties who employed and supplied work materials to the decedent.
- In a complicated appeal involving workman’s compensation law the Court noted that certain Defendants could not be sued.
- It can be very difficult to understand the intricacies of a wrongful death claim.
- You are going to want a lawyer with experience who knows what they are doing.
Want to learn more about wrongful death in West Palm Beach?
Check out the entire case by clicking here.