Filing a wrongful death claim is more complicated than you may realize. To begin, not everyone can file a claim, and only specific persons can benefit from a claim. Additionally, it’s a mistake to assume that every accidental death result in a wrongful death lawsuit. There are specific factors that a case must meet in order for it to move forward. While the attorneys at Buchalter Hoffman & Dorchak can help you determine if your situation meets these criteria, this brief overview can help you understand more about the process of filing a claim.
Who May File a Wrongful Death Claim?
The laws in each state govern who is able to file and benefit from a wrongful death claim. While Miami Florida wrongful death attorneys can explain more about how these restrictions apply in your case, it’s safer to assume that only immediate family members may file a claim. In most states, those permitted to pursue a wrongful death claim must be closely related to the individual, and financially dependent upon the deceased person.
Typically, the people qualified to file a claim of this nature include the deceased person’s spouse or partner, minor children, or the parents of minor children. In some cases, the adult children of an elderly parent, or the parents of a deceased fetus may also file. These are just a few examples of how relationships affect one’s ability to file a claim of this.
What Determines a Wrongful Death?
Even if you qualify to file a wrongful death claim, you may still have to rely
on Miami Florida wrongful death attorneys to help you determine if you have a
good case. You must be able to show that the defendant in the case owed a duty
of care to the deceased person, and that the duty of care was breached.
Either through negligence or willful acts, the defendant must have been the
cause of the individual’s death. For instance, if the defendant shoved the
victim to the ground, and the individual died from a heart attack three hours
later, it cannot be said that the defendant caused the death. On the other hand,
if the defendant pushed the deceased individual over a cliff and he died as a
result, the defendant can be blamed for the death.
By consulting the attorneys at Buchalter Hoffman & Dorchak, you can find out if your case meets these qualifications. It can also be determined if you have the authority to act on your deceased loved one’s behalf. These factors are essential in evaluating the likelihood that a wrongful death suit can be pursued. If that is the case, your lawyers can best advise you on the appropriate next steps for filing your claim.