When a person dies after an accident, the estate (sum of all the person’s assets) is appointed a personal representative to dispose of the decedent’s property. This is the same person who must bring a cause of action for wrongful death. If the decedent would have been able to sue the party for the wrongful conduct had he survived, the personal representative may then commence with a wrongful death suit against the person who committed the wrongful conduct. Some people believe that the Wrongful Death Act preserves a decedent’s rights for personal injuries. However, the Act only creates a new right of action on behalf of the beneficiaries. To bring a wrongful death cause of action there must be some wrongful act, negligence, default or breach of contract or warranty according to Florida Statute. It is important that your West Palm Beach wrongful death attorney know the nuances of bringing a wrongful death claim. For instance, when the wrongful death claim is based on a negligence claim, the negligence elements must be proved. However, both the negligence claim and the wrongful death claim can not accrue at the same time. The wrongful death claim essentially extinguishes the personal injury claim. To recover for a wrongful death action, your West Palm Beach wrongful death attorney must be able to show that a tortuous act was committed, the act caused death, the act would have allowed the decedent to recover had they lived, and damages for the death are recoverable by a personal representative on behalf of the survivors or estate or both.
All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
Call 1-800-74-TRIAL
Call 1-800-74-TRIAL
