Why Can’t I Administer an Estate or Sue for Wrongful Death Without an Attorney in Palm Beach?
Why do I need an attorney for my wrongful death lawsuit in West Palm Beach? There are rules as to what types of lawsuits can be brought pro-se or without an attorney. One such lawsuit that requires a lawyer is those brought through a personal representative. Do you have a West Palm Beach wrongful death attorney?
What is Pro-Se?
- Pro-se means without an attorney.
- Most claims in Florida can be brought pro-se but there are limits.
- Do you know any?
- For one thing an LLC or corporation cannot sue without an attorney.
- That makes sense since the entity is its own “person” in the eyes of the law it needs a representative, no one person can represent it.
- Another such lawsuit is any that are brought through a representative capacity such as apersonal representative.
- This of course includes probate lawsuits like will contests and estate administration.
- But it also includes lawsuits brought on behalf of an estate in civil court.
- For example tortious interference and wrongful death require a counsel to represent the personal representative.
- What if you cannot get an attorney to agree to represent you?
Wrongful Death
- Do you know what a wrongful death action is?
- Florida has a comprehensive wrongful death statute that you may want to read before you decide whether or not an action is worth it.
- There are strict rules about who can bring a claim and under what circumstances damages are collectible.
- Wrongful death is an action for when you would normally have a negligence or other tort claim but the damages are that the person died, rather than being injured.
- It is important to remember that you cannot bring these claims pro-se.
- Even though the damaged individuals are the family members the action is technically brought through the personal representative of the estate.
- That means you need a Palm Beach attorney to help you, you cannot go pro-se!
- That may sound unfair but it has its advantages.
- For one thing going it alone may have negative consequences that you cannot foresee.
- Also often times attorneys will take a wrongful death case contingent on successes so they do not need cash up front.
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