After an accident has led to the death of a loved one, establishing the defendant’s legal liability in a wrongful death claim can get complicated. This is why hiring the expertise of an experienced West Palm Beach wrongful death lawyer should be the first priority of a claimant. If you are thinking of making a wrongful death claim, then the answers here will help you get the legal process started.
The wrongful death statute has been enacted in every US state, but it is important to note that no two wrongful death statutes are the same. This means you need to hire an experienced lawyer who specializes in wrongful death claims in the state you live in to increase your chances of success.
In Florida, the loved one of a deceased person can file a claim under the Florida Wrongful Death Act against an individual whose recklessness or negligence led to the death of a loved one. It is also important to note that while the law governing wrongful death does include acts such as murder, the statute is not limited to only criminal acts.
Only a personal representative of the deceased’s probate estate is eligible to file a wrongful death lawsuit. Under Florida law, the personal representative of the victim is selected if the victim left a last will and testament and named the person as their personal representative in the will.
If the deceased person did not leave a last will and testament, or if they did not name a personal representative in the will, the court will choose who that personal representative is going to be. This is usually the deceased’s spouse or parent.
The child of a male victim who was never married to the mother of the child is eligible to recover any wrongful death damages, only if the victim has acknowledged the child or was obligated to provide them with financial support.
Apart from that, the personal representative will represent not only the victim’s probate estate, but also members of the family such as a spouse, parent or children, or any other blood relative or adopted sibling who was dependent on the deceased person.
A wrongful death lawsuit can be field against the defendant even if they are charged with a crime. In fact, in such circumstances, it’s easier to win a wrongful death lawsuit, provided you have hired an experienced wrongful death lawyer.
Yes, the IRS will tax wrongful death compensation awards for lost earnings quite similar to how normal wages are taxed. Besides that, any punitive damages and interest on any settlement or judgement will also be taxed by the IRS.
