Wrongful lawsuits are civil actions for damages after a person dies as a result of the carelessness and negligence of somebody else. These cases are brought by the estate of the deceased person. Only the personal representative of the decedent’s estate can bring a wrongful death lawsuit. That individual is ordinarily named in a will or trust document. If there is no will or trust, the court will appoint a personal representative. Our wrongful death lawyer West Palm Beach FL will represent the estate through that personal representative.
Although a criminal case might be brought concerning the death of the decedent, damages are not addressed by the criminal courts. A wrongful death case seeking damages can be brought at the same time that a criminal case involving the same defendant and decedent is pending. It would be heard in front of a different judge and jury than the criminal case. The wrongful death case also has a different burden of proof. In the criminal case, the burden of proof is beyond a reasonable doubt. In the civil wrongful death case, the burden is a preponderance of the evidence. That means the plaintiff’s version of events is more likely true than not true.
If you lost a family member as a result of the negligence of somebody else in or around Palm Beach County, contact our offices right away to arrange for a free consultation and case evaluation with a wrongful death lawyer West Palm Beach FL from our offices. We’re going to listen to you carefully, and your questions will be answered too. After that, you will be advised on all of your legal options. Evidence can be lost, memories can get hazy and witnesses can disappear. In order to protect the rights of the deceased person’s estate, contact us sooner rather than later