Miami Wrongful Death Lawyer David H. Charlip Explains Who Can Sue for Wrongful Death
Jun 8, 2022
June 08, 2022 - /PressAdvantage/ - Miami wrongful death lawyer David H. Charlip releases a new article (https://charliplawgroup.com/miami-wrongful-death-lawyer/) explaining who can sue for wrongful death claims in Florida. The lawyer mentions that before someone is able to file a lawsuit for wrongful death, they must have a “standing” to sue. The legal term “standing” refers to the ability of a person to file suit in court based on their interest in the outcome. In order to be allowed to file suit, a person must demonstrate that they have a sufficient relationship to the matter.
“Florida law requires that the personal representative of the estate deceased person must file a wrongful death claim. This personal representative will be listed in the estate plan or will of the deceased. If no personal representative was listed, the court will name a personal representative to help with a wrongful death claim,” says the Miami wrongful death lawyer.
The lawyer explains that a wrongful death case is one in which a surviving relative has the standing to file suit. The relatives can include a spouse, a child, or a parent. The eligibility of who can file a case can differ based on the state’s law. A personal representative may file the lawsuit on behalf of the surviving members, too.
Attorney David H. Charlip adds that there is also a special rule for children with unmarried parents in Florida. For wrongful death claims, if the mother of the child has died in a wrongful death incident, the child may be entitled to damages in a lawsuit. However, the damages can only be claimed by the child if the father has acknowledged the child as his and provided financial support.
In the article, the lawyer says that to hold the responsible party accountable and receive compensation for damages. The things that need to be proven include that the defendant breached their duty of care and that this breach resulted in the death of the victim.
According to the lawyer, “Whatever the circumstances of your family member’s passing, a wrongful death lawyer can help you explore your options for pursuing legal action. Although any act of negligence that leads to a fatality may fall under the definition of wrongful death, these incidents occur most often in car and motorcycle accidents, commercial trucking accidents, construction accidents, and many others.”
Lastly, the personal injury attorney emphasizes the importance of having a skilled lawyer when it comes to matters such as filing an injury claim or a wrongful death claim. An experienced personal injury lawyer may be able to help the victim receive the compensation they deserve.
About Charlip Law Group
Attorney David H. Charlip has been helping clients in Miami and all across the country for over 30 years. His team of legal professionals at Charlip Law Group carries on years of tradition of meeting the legal needs of businesses and individuals in Miami, throughout Florida, and across the nation. An experienced litigator, David Charlip has a record of winning cases with a high success rate in foreclosure defense and commercial litigation. Charlip Law Group, LC maintains a strong federal practice and handles cases nationwide. Contact them today to schedule a consultation.
Charlip Law Group L.C.
999 Brickell Ave Ste. 840, Miami, FL 33131, United States
(305) 354-9313
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For more information about Charlip Law Group L.C., contact the company here:
Charlip Law Group L.C.
David H. Charlip
+13053549313
999 Brickell Ave Ste. 840, Miami, FL 33131, United States
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