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How to Prevent a Motion to Dismiss With a Wrongful Death Attorney

The Florida Wrongful Death Act defines the exact legal definition of this action. It identifies wrongful actions that could lead to a fatality and make the responsible party liable. These actions include intentional acts such as murder. Negligent acts included in these laws are identified by actions in which the fatality occurred by accident or a lack of intent. Lastly, a breach of duty or warranty such as a product’s liability that produces a fatality is also identified under the legislation.

Is the Fatality Eligible Under Wrongful-Death Laws?
First, the wrongful death attorney must determine that the conduct identified equates to a crime, negligence, or a breach of contract. Once it is determined that the action was wrongful, the attorney must prove that these actions caused the fatality. The victim cannot die due to a different condition that isn’t related to their identified injuries. The injuries sustained as a result of the wrongful act must be the exact cause of death.

Lastly, the victim must be entitled to compensation under personal injury laws if they lived. This qualification indicates that the victim could have filed a lawsuit against the accountable party for their actions. Florida state laws require accident injuries to meet the serious injury threshold before the victim may file a claim.

Submitting a Formal Claim Correctly
The attorney must inform the court in the initial claim that the injuries qualify based on the above-mentioned criteria. Furthermore, they must state in the claim that they have evidentiary support for the lawsuit. This strategy could prove helpful in preventing the opposition’s attorney to dismiss the case before a trial date. It could also ensure that the judge acquires the opportunity to review the claim thoroughly. Equally, the claim must be filed within the two-year window identified by the statute of limitations.

Florida wrongful-death lawsuits have strict requirements. For this reason, a claimant should never proceed on their own. They’ll need an attorney who understands the complexities of all applicable laws. If the claim is submitted improperly, the judge may never review the case since the opposition could move to dismiss it. To learn more about these requirements contact a wrongful death attorney by visiting today.

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