Is it wrongful death attorney or personal injury attorney that I need for someone who died after being struck by school bus?

Asked 12 months ago - Fort Lauderdale, FL

Is wrongful death attorney and personal injury attorney the same?

Attorney answers (16)

  1. David John Glatthorn

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    Contributor Level 12

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    Answered . An experienced personal injury lawyer is able to handle cases where the loss is the unfortunate death of a loved one.
    A case against a govrnmental unit has special rules and restrictions. You should interview any potential lawyer about his or her experience in prosecuting actions involving death and against governmental defendants.
    I am sorry about your loss but you must act promptly. Any action involving death must be filed no later than 2 years within the date of death. You must act ASAP.

  2. Scott W. Leeds

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    Answered . Generally, any attorney who handles personal injury will also handle wrongful death. The only difference is that a death caused by a public school bus involves unique areas of law and procedure. Please verify that the attorney you consult handles these type of cases.

  3. Brian Robert Dettman

    Contributor Level 13

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    Answered . Im sorry to hear that you are dealing with that kind of loss. To answer your question, a lot of us do both personal injury and wrongful death (my guess is almost all). You should consult with a few attorneys and see who you feel comfortable with.

    Kentucky and Florida Licensed. Free consultations. 502-424-2016. Follow me on twitter: @trackmylawyer.... more
  4. Jesus Novo III

    Contributor Level 14

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    Best Answer
    chosen by asker

    Answered . A personal injury attorney would usually handle wrongful death cases. I am not aware of anyone handling strictly wrongful death cases. While most answers here have assumed that the school bus was owned and operated by the government, that is not necessarily so. There are many private companies in South Florida who offer school transportation services. I have handled cases dealing with this kind of situation. Best of luck.

  5. John Michael Phillips

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    Contributor Level 19

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    Answered . A wrongful death lawyer who is familiar with the details of the unique claims process of making a claim against sovereign (government) entities.

    Please CLICK the button if I HELPED or was BEST ANSWER. No attorney-client relationship is established and... more
  6. Michael R Crosner

    Contributor Level 20

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    Answered . Yes - many personal injury attorneys handle wrongful death cases. Sorry for your loss. Best wishes

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  7. Daniel Marc Berman

    Contributor Level 14

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    Answered . The same for the most part.

    Daniel M. Berman www.southfloridaaccidents.com This is not to be considered legal advice nor does an attorney-... more
  8. Manuel Alzamora Juarez

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    Contributor Level 20

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    Answered . Check for a wrongful death Attorney in your city. Best of luck.

    This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., 510-206-4492. Abogado de... more
  9. David Ian Schoen

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    Contributor Level 20

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    Answered . Usually, a personal injury attorney handles both since WD is a form of a PI claim.

  10. Todd Marc Liebesfeld

    Contributor Level 8

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    Answered . Most personal injury attorneys deal with wrongful death matters, as the same is encompassed in the practice of personal injury law. If the school bus belongs to a governmental agency (e.g., a public school), this matter will also involve certain rules and restrictions associated with sovereignty (e.g, a city, state or county.) A personal injury attorney who deals with these type of issues should be familiar with those rules and restrictions.

  11. Christian K. Lassen II

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    Contributor Level 20

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    Answered . Most handle both. The secret is to retain a top-rated lawyer with a low contingency fee, less than 30%, so you get the lion's share of the recovery, not your lawyer. Good luck.

  12. Michael James Pike

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    Contributor Level 5

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    Answered . A capable Personal Injury Lawyer will be able to handle your claim. However, make sure the lawyer you hire is versed on DOT regulations, government regulations and regulations governing private bus companies.

    The hiring of an attorney is an important decision that should not be based solely upon advertisements and the... more
  13. Lambros Yiannakou Lambrou

    Pro

    Contributor Level 4

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    Answered . You need an experienced personal injury attorney that has represented families of persons that passes away from accidents or malpractice. Not just any attorney can handle a wrongful death case. Do your research and you will find the right lawyer. Make sure you ask how many similar cases they have handled.

  14. Arthur Collin Cherry

    Contributor Level 9

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    Answered . Your personal injury lawyer will handle wrongful death claims. Find one in your area with a good reputation.

  15. Andrew Michael Bonderud

    Contributor Level 14

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    Answered . Very sorry to hear of your loss. What you need is a knowledgeable attorney who can advise you about what your rights are and what you can expect. Speak with one ASAP.

    Andrew M. Bonderud, Esq. is an attorney with The Bonderud Law Firm, P.A. He offers free consultations 24/7.... more
  16. David E Haynes

    Contributor Level 3

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    Answered . Experienced personal injury lawyers also handle wrongful death matters and they are essentially the same, provided the attorney is experienced in death cases. The damages available in wrongful death cases vary.

    A death caused by a school bus may implicate governmental issues, such as notice requirements to the government (due by 180 days in many jurisdictions), which if not met will waive your claim entirely, and immunity issues, which are unique areas of the law that not all attorneys have experience litigating. Make sure the lawyer you retain has experience in and knowledge of these legal issues.

    Wrongful death claims involve unique issues such as the cause of death, heirs of a survival claim and/or wrongful death claims, all of which can vary by jurisdiction. These claims may involve pain and suffering of the decedent, medical bills, lost wages, grief, and loss of companionship, and parental advice, guidance, and counsel.

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