Florida Wrongful Death Attorneys

Has your loved one died in a sudden accident due to the negligence or intentional misconduct of another party? Your family may be entitled to compensation. Our wrongful death attorneys represent clients throughout Florida and can review your case in a free consultation.

These claims tend to involve substantial damages, so insurance companies often go to great lengths to minimize the amount of compensation they have to pay out. Our lawyers can help you level the playing field and ensure you are treated fairly. Call 866-349-2912 to schedule a case assessment.

Our Wrongful Death Attorneys in Florida Can Help You Avoid Mistakes

Losing a loved one due to someone else’s negligence or wrongful actions is an incredibly traumatic experience. In the aftermath, filing a wrongful death claim can help ensure that you receive the compensation your family deserves for the loss of your loved one. However, while the facts of your case may seem clear and your case may appear to be strong, it’s important to remember that the opposing party, such as the insurance company or defendant, will undoubtedly perform a thorough investigation into your claim.

Insurance companies and defendants are motivated to either deny your claim or reduce its value. Their goal is to minimize the amount of compensation they must pay, and they often do this by scrutinizing every aspect of the case and looking for any weakness or mistake that could harm your claim. As a result, it’s crucial that you take steps to protect your case and avoid common mistakes that can jeopardize your chances of receiving a fair settlement.

Here are a few of the most common mistakes that individuals make during the wrongful death claims process, and how our experienced Florida wrongful death attorneys can help you avoid them:

Providing Recorded Statements to the Insurance Company
After the wrongful death of a loved one, you will likely be contacted by the insurance company of the at-fault party. The insurance adjuster may ask for a recorded statement to gather more information about the incident. While it might seem like a simple process, it’s important to understand the implications of providing such a statement.

Your statements to the insurance company can be recorded and used against you in the future. The adjuster may try to ask you leading questions that subtly suggest the possibility of shared fault or downplay the extent of your damages. Even if you don’t think you’re saying anything wrong, a small misstatement or slight misstep could be used to dispute liability or reduce the amount of compensation you ultimately receive. For example, if you mention something that could be interpreted as the deceased being partially at fault, the insurance company could argue that they should only be partially liable, which would reduce your claim’s value.

For these reasons, it’s always advisable to contact an experienced wrongful death attorney before making any statements to the insurance company. A Florida wrongful death lawyer from Donaldson & Weston can take over all communication with the insurance company, ensuring that your statements are protected and that you don’t inadvertently harm your case.

Discussing Your Case on Social Media
In the digital age, it’s almost instinctive to turn to social media when something significant happens in your life, including the death of a loved one. However, when you’re involved in a wrongful death claim, it’s important to avoid discussing your case on social media. Even seemingly innocent posts can be used by the opposing party to dispute your claim or reduce its value.

For example, if you post about your emotional state or mention any specific details of the accident or death, the defense may attempt to use these statements to undermine your credibility or cast doubt on the severity of the damages. Additionally, if you post images or messages that contradict your claims—such as showing signs of physical activity or enjoying life while pursuing damages for emotional suffering—these could be used against you.

To avoid this pitfall, it’s best to refrain from posting anything about your case on social media during the claims process. Ideally, you should take a break from social media entirely while your case is pending. This will help prevent any potential slip-ups that could harm your case.

Waiting Too Long to Initiate the Investigation
In the wake of a tragic loss, it’s understandable that you may not feel ready to immediately take legal action. Grief and emotional stress can make it difficult to focus on practical matters like pursuing a wrongful death claim. However, waiting too long to get started can hurt your case and make it more difficult to gather the necessary evidence to support your claim.

The longer you wait to begin the legal process, the more likely it is that valuable evidence will be lost or become unavailable. For example, witnesses may forget critical details, or physical evidence may be destroyed or altered over time. In wrongful death cases, timely investigation is especially important, as certain evidence may only be accessible for a limited time. Surveillance footage, for instance, may be overwritten, or key witness testimony may become harder to obtain.

An experienced wrongful death attorney will act quickly to initiate the investigation, ensuring that any time-sensitive evidence is preserved. It’s essential to contact an attorney as soon as possible to begin the legal proceedings and to prevent any delay from weakening your case.

Failing to Keep Track of Medical Records and Expenses
In a wrongful death case, one of the major components of your claim will be the damages sustained by the victim and their family. This includes medical bills, funeral expenses, lost income, and more. As you navigate through the process, it’s crucial to keep detailed records of all related expenses and documents.

If you fail to track your medical bills, funeral costs, or any other expenses related to the death, it may be harder to prove the full extent of your damages. This can result in a settlement that doesn’t fully compensate you for your losses. Keeping organized, comprehensive records from the outset can make it easier for your attorney to build a strong case.

Not Seeking Legal Counsel Right Away
One of the most significant mistakes individuals make is attempting to handle a wrongful death claim without legal assistance. While you may believe that the process will be straightforward, it’s essential to understand that wrongful death claims can be complicated and often involve multiple parties, including insurance companies, the defendant’s attorneys, and sometimes even expert witnesses.

Without the guidance of an experienced wrongful death attorney, you risk missing key legal opportunities or making decisions that could weaken your case. A lawyer can handle all aspects of your claim, from gathering evidence and filing paperwork to negotiating with insurance companies and, if necessary, representing you in court. They will ensure that your rights are protected and that you are pursuing the full amount of compensation that you deserve.

Agreeing to a Settlement Too Quickly
Insurance companies may offer a settlement early in the process to avoid going to trial. While it may seem tempting to accept a quick payout, it’s essential to understand that these initial offers are often much lower than what you are entitled to. Once you accept a settlement, you are generally unable to seek further compensation, even if additional damages or evidence come to light later.

Before agreeing to any settlement, it’s crucial to consult with your attorney to ensure that the offer is fair and adequately covers all of your damages, including both economic and non-economic losses. Your lawyer will help you assess the full extent of your damages and determine whether the settlement offer is sufficient.

How Long Will It Take to Resolve My Case?

When dealing with a wrongful death claim, one of the first questions many families ask is, “How long will it take to resolve my case?” The timeline for a wrongful death lawsuit can vary significantly from one case to another, and unfortunately, there is no set answer. Every wrongful death case is unique, and the amount of time it takes to reach a resolution depends on a variety of factors, including the complexity of the case, the strength of the evidence, the willingness of the parties to negotiate, and other elements.

At the outset of a wrongful death claim, it’s important to remember that some cases are straightforward and may be resolved relatively quickly, while others can be more complex and may take months or even years to resolve. Below, we will explore the main factors that can influence the timeline of your wrongful death claim.

The Potential Value of Your Claim

One of the most significant factors that can impact the length of time required to resolve a wrongful death case is the potential value of the claim. If the amount of compensation being sought is substantial—whether due to significant financial losses, long-term pain and suffering, or high medical bills—the case is likely to draw more scrutiny from the defendant and the insurance company.

Insurance companies are motivated to protect their bottom line, and when faced with a high-value claim, they may be more likely to challenge or dispute the case in order to reduce the settlement amount. This could result in protracted negotiations or even the need for a trial. The more substantial the claim, the more resources the insurance company may devote to defending it, which can lead to delays. On the other hand, claims with smaller potential payouts may be settled more quickly, as there is less financial incentive for the opposing party to engage in prolonged disputes.

Whether Pertinent Facts Are Disputed

Another key factor influencing the duration of your case is whether there are disputes about the facts of the case. In wrongful death cases, this could involve arguments over who caused the death, what level of fault each party should bear, or disagreements about the value of the claim. For example, if there is conflicting evidence regarding the cause of death—such as whether the defendant’s actions directly led to the fatal accident—this could lengthen the time it takes to resolve the case.

Disputed liability can often result in more investigation, expert testimony, or the need for depositions, all of which can add time to the process. If one or more parties involved in the case disputes the facts, there may be additional legal procedures, including discovery, that are necessary to resolve those disputes. When the facts of the case are clear and undisputed, settlement negotiations can proceed more quickly, but if there are disagreements about the facts, the process can take much longer.

The Strength of Your Evidence

The strength of the evidence available in your wrongful death claim plays a crucial role in determining how quickly the case will progress. Strong, clear evidence that supports your claim can expedite the resolution process, as the opposing party may be less likely to dispute the facts or challenge the liability.

In a wrongful death case, evidence may include witness statements, police reports, medical records, expert testimony, and physical evidence from the scene of the accident or incident. The more compelling and comprehensive the evidence, the less likely it is that the defendant or their insurance company will attempt to dispute the claim.

For example, if you have video footage of the incident, clear documentation of the deceased’s injuries, and medical records that show the direct link between the incident and the death, these pieces of evidence will help build a strong case. On the other hand, if key pieces of evidence are missing or unclear, it could lead to delays in gathering more information, consulting experts, or even calling for further investigations.

Our experienced wrongful death attorneys in Florida conduct thorough investigations to gather all necessary evidence early on in the process to ensure that your case is as strong as possible. When evidence is compelling and solid, settlement negotiations can often move forward more quickly, avoiding the need for a lengthy trial.

The Willingness to Settle

Many wrongful death cases are resolved through settlement rather than going to trial. However, whether your case settles or goes to trial depends heavily on the willingness of both parties to negotiate. If the defendant is willing to offer a fair settlement early on, your case could be resolved quickly. However, if the defendant is not open to negotiating or offers an amount that is far below what is reasonable for your case, you may need to proceed to trial.

Settling out of court is often seen as a more efficient and cost-effective way to resolve a wrongful death claim. However, settlement negotiations can still take time, especially if there are disagreements about the amount of compensation that should be paid. The complexity of the case, the number of parties involved, and the amount of evidence presented all influence how long negotiations take. If a settlement cannot be reached, the case will likely proceed to trial, which can add months or even years to the process.

The Role of Expert Testimony

In some wrongful death cases, expert testimony may be needed to establish certain aspects of the claim. For example, an accident reconstruction expert may need to testify about how the accident occurred, or a medical expert may need to explain the cause of death and the link to the defendant’s actions.

Experts may also be necessary to determine the financial impact of the death, such as future lost income or the value of non-economic damages like loss of companionship. Expert testimony can help clarify complex issues, but it can also prolong the process. Securing experts, scheduling depositions, and waiting for expert reports can add time to the case.

Court Schedules and Legal Delays

Finally, external factors such as court schedules and legal delays can affect how long it takes to resolve your wrongful death case. Court calendars can be crowded, and some cases may face delays due to the court’s availability or other procedural issues. Additionally, the complexity of the case can lead to delays in hearings, motions, or the scheduling of depositions.

In some cases, the legal process may involve several rounds of motions or discovery disputes, which can also increase the time required to reach a resolution. While these delays can be frustrating, your attorney will work diligently to move the case forward as efficiently as possible.

While it is difficult to predict an exact timeline for resolving a wrongful death case, understanding the factors that can influence the duration of the case is important for managing expectations. The value of your claim, the strength of your evidence, disputes over key facts, the willingness to settle, and the availability of expert testimony all play significant roles in determining how long the process will take.

If you are pursuing a wrongful death claim, it’s essential to work with an experienced attorney who can guide you through the legal process and help expedite the proceedings as much as possible. At every stage, an attorney will work to gather evidence, negotiate with the opposing parties, and ensure that your rights are protected, so you can ultimately secure the compensation you deserve for your loved one’s untimely death.

Set up a Free Consultation with a Wrongful Death Lawyer

Our wrongful death lawyers in Florida are passionate about helping people navigate the legal system and fight for the compensation they need to maintain their financial security. For a free consultation, call us today at 866-349-2912 or send us a message HERE.