Fatal accidents are devastating for survivors, so it is a relief to know that you have rights. Under the Florida wrongful death statute, certain individuals can recover compensation for the losses they sustain. The deceased person’s representative can file a wrongful death case on behalf of the surviving spouse, children, and others listed in the statute.
These cases are complicated, but you can trust a Miami wrongful death attorney to help you avoid the biggest mistakes that can hurt your lawsuit. They include:
Delaying Legal Action After a Fatal Accident
Delaying legal action can severely compromise your wrongful death claim. Florida’s statute of limitations sets a strict, two-year deadline for filing a lawsuit, and missing it can bar you from seeking compensation.
Moreover, vital evidence, such as witness statements and accident scene details, can become harder to obtain as time passes. Memories fade, and crucial details may be lost. By acting promptly, you can preserve important evidence and support your lawyer in getting the claim filed within the required timeframe.
Mishandling Important Evidence
Meticulous documentation is crucial, and mistakes can significantly weaken your wrongful death case. Make sure to retain all relevant evidence, such as:
- Photographs
- Police reports
- Medical records
If evidence is lost, mishandled, or not properly documented, it can be challenged by the opposing party. This can lead to doubts about the circumstances of the accident and reduce the strength of your claim.
Communicating with Insurance Companies
Communicating directly with insurance companies in Florida after a fatal accident is often a mistake. Insurers are focused on minimizing payouts, and they may use your statements against you. They may offer quick settlements that are far below the actual value of your claim. It is best to decline to give recorded statements and instead refer all communication to your attorney.
Underestimating What Your Florida Wrongful Death Claim is Worth
Insurance companies will attempt to pay as little as possible for your claim, so it is a mistake to think they will make a fair offer. You need to appreciate the full value of your case, or you risk being undercompensated for your losses. Your future could look bleak if you do not recover a reasonable amount.
Determining the value of a wrongful death claim in Florida involves calculating two types of damages:
- Economic losses include medical expenses, lost wages, and costs related to medical treatment.
- Non-economic damages are personal and subjective, such as pain and suffering, emotional distress, and loss of companionship.
Factors like the deceased’s age, earning potential, and the circumstances of the accident play a significant role.
Our Miami Wrongful Death Attorneys Support Your Needs
Avoiding these mistakes is critical, but you can trust our experienced team for help with securing compensation. With decades of experience serving families in Miami, Fort Lauderdale, and West Palm Beach, our team at Gerson & Schwartz, PA, understands the complexities of wrongful death lawsuits in Florida. We are dedicated to protecting your rights, so please contact us to discuss your case. You can visit us online or call (305) 371-6000 to schedule a free consultation.