Wrongful Death Lawsuits in Florida
If you have lost a family member in an ill-fated accident and you’re thinking about taking legal action, you’re probably wondering what’s exactly involved with filing a wrongful death lawsuit in Florida. Will you need to appear in court? How much time does a wrongful death case take? Will you be required to relive your loved one’s passing? Is it worth the emotional pain and effort? Afterall, no amount of money will bring your spouse, child, or parent back to you. Becoming familiar with the requirements for wrongful death lawsuits in Florida may help you be more comfortable with the idea of making a claim, and the compensation you may receive can truly help you rebuild your life after tragedy.
Filing a Florida Wrongful Death Lawsuit
In Florida, the personal representative of the deceased person’s estate is authorized to file a wrongful death claim, not the deceased person’s family members. This means it’s the personal representative’s responsibility to organize the lawsuit—with the help of an experienced Vero Beach Florida wrongful death attorney—and to make the case in court. While the personal representative handles the wrongful death lawsuit, it is filed on behalf of the deceased person’s surviving family members, including spouse, children, parents, and any other dependents, and the personal representative must list every survivor who has interest in the wrongful death case.
Perhaps you don’t know who your loved one’s personal representative is. This brings us to another aspect of Florida’s personal representative requirement for wrongful death lawsuits. To bring a wrongful death lawsuit in Florida, surviving family members must open a probate estate. This not only provides a process for designating a personal representative—he or she may be named in the deceased person’s will or estate plan, and if there is no will or estate plan, the personal representative will be appointed by the court—it also provides a way for the estate to receive the wrongful death award to be distributed to you and other surviving family members.
How Long Does It Take to Resolve a Wrongful Death Lawsuit?
Unfortunately, it’s difficult to predict how long it will take to resolve a wrongful death lawsuit. After a consultation with a wrongful death attorney, you’ll likely have a better idea. Indeed, some wrongful death lawsuits settle quickly, while others may take one to four years or more, especially if the case goes to trial. At The Law Offices of Keith Bregoff, we will evaluate your needs and goals when we set a course of action for your wrongful death lawsuit. While some time-related factors are out of our hands, such as the court’s caseload, we can affect the speed of your case by making smart choices from the beginning.
Talk to an Experienced Florida Wrongful Death Attorney Today
If you’ve lost a family member due to the negligence, recklessness, or wrongful act of another, please contact The Law Offices of Keith Bregoff PA in Vero Beach, FL at 772-492-8967. We’ll provide you with meaningful guidance and advice regarding wrongful death lawsuits in Florida, so you can take the right steps to handle your claim correctly and in the best way for you.