The first thing that any person should do when it comes to a wrongful death lawsuit is to gain a full understanding of the definition of a wrongful death. A wrongful death of a person is a direct result of someone else or entity’s actions (or negligence). Wrongful deaths are typically civil actions, which means that the lawsuit is due to another person’s actions. Now in a wrongful death lawsuit this civil action is usually filed by the close relatives of the deceased person.
For a wrongful death lawsuit there has to be ample evidence that the individual’s death was a direct result of another person or entity’s actions or lack thereof. The evidence has to be clear and beyond a reasonable doubt as the claims that can result from the wrongful death suit can be quite large. Each state has their own sets of laws and procedures that might be a little different than other states. It is for this reason that a person or group should never attempt to file a wrongful death lawsuit on their own. They should always try to seek out help from a wrongful death lawyer in St Petersburg before taking any further action.
Can You File?
Before contacting a wrongful death lawyer in St Petersburg though, it should be understood who exactly can file a wrongful death lawsuit. In the state of Florida a surviving spouse, next of kin, or any of the children that are of legal age, can file a wrongful death claim. Now if the child is not of legal age it is possible to have the guardian file the claim on the child or children’s behalf. Having a well seasoned wrongful death lawyer can certainly help to clear any of these matters up beforehand.
Another thing that a wrongful death lawyer can help with is to help the surviving person or persons understand the amount of damages from the wrongful death and what is considered recoverable. Each state has their own unique sets of rules, guidelines and precedents so again, having an experienced wrongful death lawyer can really help a the surviving person or persons achieve a much more favorable result from the lawsuit.
Now in some cases there are some immunities involved when it comes to wrongful death. Some people or government agencies are immune from wrongful death lawsuits. These immunities do vary a little from state to state. One example might be a local government’s decision to not place a stop sign at an intersection. This would not be a wrongful death situation. There are other cases too that may be immune. A lawyer can help further explain these types of cases.