The Dos and Don’ts of Putting Together a Strong Wrongful Death Claim

Losing a loved one is never easy, but it can be especially devastating if the death was caused by someone else’s negligence or wrongdoing. In such cases, the surviving family members may have the right to file a wrongful death claim in pursuit of compensation. However, putting together a strong suit can be a complex and emotional process. To help guide you, here are some dos and don’ts to keep in mind:

Do Compile Evidence

Collecting evidence is one of the most critical steps in building a compelling claim. This might include police reports, witness statements, medical records, and any other relevant documents or information that can help establish liability and damages. It’s also important to take photos of the scene of the incident, if possible.

Don’t Delay Filing the Claim

It’s imperative to act quickly when filing a wrongful death claim. Every state has strict filing deadlines, giving plaintiffs limited time to proceed to court. Waiting too long can also make collecting evidence more difficult, weakening your case.

Do Consult an Experienced Attorney

Wrongful death claims can be complex and emotionally charged. Therefore, it’s wise to consult with an experienced attorney who has handled similar cases. They can help guide you through the process, answer any questions you may have, and represent your interests during all subsequent negotiations.

Don’t Discuss the Situation with Insurance Companies

Insurance companies are not on your side. While they may seem friendly and helpful, their primary goal is to minimize their own liability and pay out as little as possible. As such, you should avoid discussing the case with insurance adjusters or providing statements without consulting your attorney.

Do Calculate Damages Accurately

When it comes to wrongful death claims, recoverable damages typically include medical expenses, funeral costs, lost income, and loss of companionship or support. It’s essential to work with an experienced attorney who can help you understand the full scope of these losses and accurately calculate a fair settlement or award.

Don’t Sign Anything Without Talking to Your Lawyer First

Read any documents or settlement offers carefully before signing them, and talk to your lawyer if you have any questions about their terms. At the end of the day, the insurance company will probably try to get you to accept a quick settlement that is less than what you are entitled to recover.

Wrongful Death After a Truck Accident — FAQs

How Can I Prove Fault for a Fatal Truck Accident?

If your loved one has died in a truck accident, the strongest evidence of liability will depend on the circumstances. Generally speaking, though, it might include:

• Data from the truck’s “black box;”
• Eyewitness testimony;
• Statements from accident reconstruction experts;
• Dash cam footage;
• Surveillance recordings from cameras posted near the scene;
• Cell phone records;
• The official police report;
• Photographs of the wreckage;
• The trucking logs; and
• The results of any chemical tests conducted at the scene.

How Long Does My Family Have to File a Wrongful Death Lawsuit?

In Florida, the personal representative of the deceased’s estate has a limited amount of time to bring the case to court if a settlement cannot be reached. The deadline is typically two years; however, it’s wise to seek legal counsel as soon as possible because certain tasks might have to be completed sooner. For example, if you want to name a government entity in the claim — perhaps poor road conditions were to blame for the wreck — you must submit a written notice, allow for a 180-day investigation period, and file the lawsuit within two years.

What Kinds of Damages Might Be Recoverable?

When a wrongful death claim is successful, eligible beneficiaries might recover compensation for:

• Medical expenses;
• Reasonable funeral and burial expenses;
• Loss of companionship, guidance, and protection;
• Loss of support and services;
• Lost income and benefits;
• Loss of anticipated inheritances; and
• Pain and suffering, if the deceased was a child.

In addition to the damages listed above, the estate may be able to recover compensation for damages to which the victim would have been entitled had he or she lived by bringing a survival action. Examples of such damages include medical bills, lost income from the time of the injury to the death, and property repairs.

Wrongful Death After a Motorcycle Accident — FAQs

Who Can File a Wrongful Death Claim in Florida?

In some states, the relatives of a deceased person have the right to file a wrongful death lawsuit, but in Florida, only the personal representative of the deceased’s estate can bring the action. The personal representative may have been appointed by the deceased before passing, or it may be necessary for the court to appoint someone. Any compensation that results from these proceedings would be distributed among eligible beneficiaries, which might include:

• The surviving spouse;
• Children;
• Parents; and
• Relatives who were financially dependent on the deceased.

What Is the Statute of Limitations for Wrongful Death Lawsuits?

If your family wants to bring a wrongful death claim, it’s wise to act fast. Florida’s wrongful death statute of limitations is usually two years; however, there are a few exceptions to this deadline. For example, if you want to name a government entity in the lawsuit, you must submit written notice, allow for a 180-day investigation, and then file the lawsuit — all within two years from the date of death.

When Might Punitive Damages Be Recoverable?

Punitive damages might be awarded if the liable party’s actions constituted gross negligence or intentional misconduct. Although punitive damages are rarely awarded in personal injury and wrongful death cases, there are some scenarios in which they are warranted. For example, if the motorist who struck your loved one was under the influence of drugs or alcohol at the time of the wreck and had been driving without a valid license because of a prior DUI conviction, the surviving family members may be able to recover a punitive award.

Discuss Your Case with a Wrongful Death Attorney in Stuart

Wrongful death claims are complex and emotional, but with the right guidance, you can put together a strong case and seek justice for your loved one. By following these dos and don’ts, you can navigate the process with confidence and achieve a fair outcome.

If you have lost a loved one due to someone else’s negligence or wrongdoing, turn to Weston & Pape to explore your options. To schedule a free case review with one of our Stuart wrongful death lawyers, call 772-266-5555 or submit our Contact Form.