What does a wrongful death have to do with Florida probate litigation? You may not be aware but to sue for an estate you will have to appoint a personal representative of the estate. Who is supposed to serve? Also how do you sue for wrongful death in West Palm Beach? A recent case out of the Second District Court of Appeal against a well known South Florida supermarket may shed some light on that.
Wrongful Death
- Florida estate lawyers know that before they bring a wrongful death action there has to be an open estate with a serving personal representative.
- That means you need to open the estate prior to serving the other side with a wrongful death lawsuit.
- That means in addition to a personal injury attorney you may need to retain a probate litigation attorney.
- What does a Florida trust lawyer or a Florida probate lawyer bring to your litigation?
- For one thing it may not even be that easy to get the personal representative appointed.
- Some families have honest disputes about who should serve.
- Sometimes multiple family members will all retain their own Florida estate lawyer. to fight for their entitlement.
- When that happens who is most likely to win?
- That depends on the facts.
- Once you get the personal representative appointed now it is time to sue for wrongful death.
- Did you know that Florida estate attorneys may also be able to serve as a personal injury litigator depending on the facts of the case.
- Check out this recent case to learn more about wrongful death.
Panzera v. Oneal
- This was a very sad case, a young man was struck by a tractor trailer on the highway and the family has sued the supermarket chain that owned the truck along with the driver.
- The family had lost on summary judgment as the other side had said there were no material facts in dispute.
- This is an important factor to keep in mind for all probate and other litigation – you need a plan of attack.
- You need some way to avoid summary judgment, you are going to want to prove there are some facts for the jury to deliberate on.
- That is not always an easy task, ask any Florida estate lawyer.
- In the end on appeal it was determined that the supermarket was right and there was no negligence.
Want to learn more about wrongful death litigation?
Check out the entire case by clicking here.
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