Sometimes, road accidents involving pedestrians happen and the victim ends up dead because of the action of another party. According to the Florida state law, it is often the surviving family of the deceased that has the opportunity to file a wrongful death lawsuit. It is recommended to consult with an experienced Orlando pedestrian accident attorney to know your legal options and pursue a wrongful death claim.
There are many differences in each state that might make it easy or challenging for the surviving family to pursue a wrongful death claim. Thus, certain conditions must be met for the surviving family to get fair compensation for the loss of their loved one. For instance, the pedestrian who just died must have someone to file the claim. Besides, the pedestrian must have died due to the actions of another person. Remember, a wrongful death claim is civil and often involve negligence from another party or person that caused the death.
Beneficiaries for the wrongful death claim
The provides that the deceased’s surviving family or other beneficiaries recover the necessary damages from a wrongful death claim if a person loses his or her life due to an accidental situation or negligence of the other company or party. Often, the beneficiaries include children, spouse or someone who was getting monetary support from the deceased.
If the deceased owned an estate, beneficiaries could even include someone who isn’t related to the deceased or receive monetary help from the deceased. Besides, the claim should be initiated by a certified representative of the estate.
Who can file for a wrongful death claim?
In Florida, it is possible for a personal representative associated with the personal estate belonging to the deceased to initiate the wrongful death claim against the at-fault entity. Often, this is the person named by the deceased in their estate plan. The law requires that the representative must be active and working for the estate before the death. However, some circumstances may prevent this from happening. For instance, if there is no estate plan or the representative dies long before the wrongful death is possible, the court will appoint a representative.
Family members can recover the necessary damages
In Florida, it’s usually the family members who can recovers damages in a wrongful death claim. These family members include the deceased’s children, spouse, and the parents. Other beneficiaries may include relatives who were receiving monetary support from the deceased.
Filing a wrongful death claim
The process of filing a wrongful death claim isn’t easy. It involves lots of paperwork, assembling of evidence to prove that someone’s negligent acts resulted in the death of your loved one, and there are strict time limits regarding when you can file the lawsuit. This is the reason you must work with a reliable attorney. The lawyer can offer legal counsel, help you get the right evidence, and probably build a strong case to ensure that you get fair compensation.