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Florida Wrongful Death

Written by on May 31, 2010| Posted in: General

A wrongful death lawsuit will inevitably be filed in connection with the fatal I-95 sport-utility crash that left two dead from the Hollywood Florida area.  Personal injury lawyers will hire probate lawyers to open the estates so a personal representative can be appointed to file a survival action and a wrongful death claim.  According to reports, the vehicle lost control and flipped over which might lead investigators for the wrongful death lawyers to examine whether any defect existed in the vehicle that may have caused it flip.  One critical mistake I see as an estate litigation attorney is the personal injury lawyer’s refusal or failure to immediately begin developing the facts to allow recovery of money for lost parental companionship, instruction, and guidance and for mental pain and suffering.  This is not to say they don’t take these factors into consideration, but most personal injury lawyers do not explain that a division of wrongful death settlement proceeds will be decided by the judge who will hold a trial on the details of each person’s relationship with the person who was killed.  If the personal injury lawyer is working exclusively with the executor of the estate, each beneficiary should have his or her own lawyer to present evidence for mental pain and suffering.

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