experienced wrongful death attorney in orlando flA wrongful death lawsuit is a claim that is filed alleging a wrongful death. These are horrible tragedies for everyone involved that have effects for years in their wake. Maybe you have seen something similar on television, or maybe you know someone who has gone through this and filed a suit. Many people have no idea that these suits even exist. They are claims that are filed on the behalf of the deceased by their family or other parties.

An experienced wrongful death attorney can help you file a wrongful death lawsuit that makes claims against the defendant who has caused someone to pass away due to malice or negligence. The deceased’s estate has the right to file a lawsuit against the party who is legally responsible.

If you think that you have cause to file a wrongful death claim but aren’t sure if you would have a case that applies to what you think is a wrongful death, the claim is applicable if the deceased would have had a case to file a personal injury claim. Since they have passed and cannot file themselves, but would have been able to file a suit and had grounds for filing, the injured party is allowed to file on their behalf.

Suits are often claimed when it comes to fatalities occurring as a result of a car accident. These cases can become different when the affected party has passed as a result of the act and many situations can fall under the umbrella of what is referred to as personal injury. Personal injury often results in a claim of wrongful death, unless it is a workplace injury. The defendant must be held liable to the same burden of proof as a personal injury case, which means proving negligence and that the person affected a duty of care that was breached and resulted in the wrongful death.

The burden of proof is at the end of the day on the person who is filing the claim and lawsuit. The claims established must be proven if any damages are to be recouped. The survivors of the accident and event have the right to file a claim, and many families are not often aware that they can file and have that right. Who may be qualified as a survivor or family or able to file a claim may be different depending on the state in which you reside and what their terms are. Who is customarily able to use are parents of minors, spouses, and those who are able to prove dependence on the deceased. In some cases, parents of adult children or extended family may also be able to use.

If you need guidance on your case, The Law Offices of Payas, Payas, and Payas can help. They will be able to inform you about whether you are able to file a claim and whether you have a case. Professionals will help you determine whether you have a claim and potential suit and will walk you through what you need to do to go to court and recoup damages. The unexpected loss of a friend of family member is always difficult. However, if you have decided to hold the party legally responsible, you may be able to be compensated for the pain and suffering of someone you love.