What is the process for a family member to bring a wrongful death lawsuit in Boca Raton?
Boca Raton, FL – When a person dies during an accident, the only way that the family can receive compensation is through a wrongful death case. While this is similar to many other kinds of personal injury lawsuits, it is important for anyone preparing to bring a wrongful death lawsuit to understand some crucial differences.
Meeting with a legal professional
After the accident, the family can meet with a local lawyer or firm to discuss their situation. If the victim has survived, even with severe injuries, there can be a standard negligence case brought against the person responsible. A wrongful death case can only be brought after the victim has actually died.
Proving the case
There must be evidence to show that the defendant was responsible for the death that is sufficient to meet the burden of proof. This can be done by showing the elements of negligence, an intentional act that caused the fatal injuries, proof of medical malpractice, or a defective item in a products liability lawsuit. In most civil accident cases, the evidence will need to show that the defendant acted negligently, recklessly, or intentionally and that their behavior was the actual cause of the victim’s injuries or death. The victim’s family can also provide proof of damages or losses through their medical bills, funeral and burial costs, the victim’s future lost income, and other financial problems caused by the death. If the victim was young or they had a high earning potential, these future projected losses can be significant.
Criminal charges
There may or may not be criminal charges tied to the same incident that caused the wrongful death. This is ultimately at the discretion of the prosecutor assigned to the case and the results of a police investigation. The family may need to provide information to the government during the investigation or have some minor involvement in the criminal case, but most of this process is handled by the local government. The results of the civil and criminal cases may be different and the cases will proceed separately.
Shorter time limits to file the case
All states have wrongful death laws with relatively short statutes of limitations. In Florida, this time limit is set at two years from the date of the victim’s death. If the family has not filed the case within this time limit, they will not be able to do so at all.
Assistance from a local injury lawyer
The Law Offices of Jeffrey A. Rosenberg is a firm that helps people in Boca Raton after various kinds of motor vehicle accidents. They handle all aspects of personal injury law in Florida.
Firm contact info:
The Law Offices of Jeffrey A. Rosenberg
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487
561-508-8800
rosenberginjurylaw.com
