Boca Raton, FL – Some accidents may result in very serious injuries. At times, these injuries can prove to be fatal and the victim will not survive. The civil court system provides a special type of remedy for families in this situation called a wrongful death lawsuit. The family may be compensated for future lost income and services, burial expenses, and other damages if their case is successful.
Who can bring the wrongful death case in Florida?
Unlike other civil lawsuits, the person who actually experienced the harm is no longer present to bring the case on their own. This means that statutory law was created in each state which says who can bring the wrongful death case. In Florida, the individual who was named as the personal representative of the deceased person’s estate needs to bring the lawsuit, then any damages won can be distributed through the estate to certain family members.
What are the differences between wrongful death lawsuits and criminal charges?
It is possible that someone who causes the death of another person can both be sued in civil court as well as face criminal charges for murder or manslaughter. The civil and criminal cases will proceed through separate court systems, and they both may have different outcomes. The criminal case will result in punishments such as jail time if there is a conviction, while a civil lawsuit is meant to compensate the victim’s family for tangible financial losses. Civil cases also have a lower burden of proof than criminal cases, as there must be evidence to find any criminal defendant guilty beyond all reasonable doubt.
What does the plaintiff’s attorney do to win the case?
Because a wrongful death lawsuit is structured very much like a standard negligence case, a personal injury lawyer has to prove many of the same things to prevail in an action related to fatal injuries. Things like the amount of compensation available and the chances of success can vary greatly based on the amount of evidence available and the actions of the defendant. As a general rule for civil cases, all elements of the wrongful death action must be shown through this evidence. The case will normally end through settlement negotiations, where the attorney for the plaintiff tries to get as much compensation as possible for the victim’s family.
Help from an accident lawyer
Anyone who needs help with issues related to a wrongful death case or personal injury lawsuits can contact a local attorney in Boca Raton, Florida. The Law Offices of Jeffrey A. Rosenberg is an experienced firm that assists clients with professional representation.
Firm contact info:
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487