How to Begin a Wrongful Death Case for Your Loved One

By NeriAdmin | January 19, 2019
How to Begin a Wrongful Death Case for Your Loved One

When a person’s death is caused by the intentional act or carelessness and negligence of another person or entity, the decedent’s family members can seek damages through a wrongful death lawsuit pursuant to Florida Statute 768.19. Wrongful death cases are not criminal in nature. Criminal courts do not have the authority to award damages. Instead, they are pursued in the civil courts.

Examples of Wrongful Death Cases
Wrongful death cases can be brought for a wide variety of causes. Here are a few examples of when such a case might arise: 

  • Auto, motorcycle, boating, bicycle or pedestrian accidents.
  • Slip-and-fall or trip-and-fall accidents.
  • Accidents when stacked merchandise falls on a person in a business premises like Lowes or Walmart.
  • Construction accidents.
  • Deaths resulting from dangerously defective products.
  • Intentional acts like shootings.

Who Can Bring a Wrongful Death Case?
According to the Bradenton FL wrongful death attorneys at the Neri Law Group, only the personal representative of the decedent is permitted to file a wrongful death lawsuit. That personal representative is usually designated in the decedent’s will or other estate plan. If the decedent had no will or estate plan, a personal representative must be appointed by the court where he or she lived. That individual is usually a spouse, child or parent. Once that personal representative is appointed, the wrongful death case can be filed.

Do not walk into complex personal injury litigation without a qualified and effective wrongful death attorney representing you. If you lost a family member in or around Bradenton as a result of the negligent or intentional act of another person or entity, contact the Bradenton FL wrongful death attorneys at the Neri Law Group as soon as possible. We will arrange for a free consultation and case evaluation with you. We will listen to you carefully, answer your questions and advise you of your full range of legal rights.