Key Steps in Building a Sarasota Wrongful Death Claim
In a previous article, we reviewed the basics of wrongful death claims. At the time of filing these claims, family members often find themselves asking what steps they need to take to make the claim successful. Today, we will discuss some of the key steps in building a successful wrongful death claim in Florida.
Making Sure You Have the Right to File the Claim
Florida law states that a wrongful death claim cannot be filed by just anyone in the family. Only a personal representative of the decedent’s estate can file a wrongful death claim for a death caused by a wrongful act or negligence. One way to find out who the personal representative can be is to check the decedent’s will.
Be A Surviving Family Member to Have Interest in the Claim
You must be a surviving family member to have an interest in the claim. According to Florida law, surviving members of the decedent include:
- The decedent’s spouse
- The decedent’s child(ren)
- The decedent’s parent(s)
- Blood relative(s), when dependent on the decedent
- Adoptive sibling(s), when dependent on the decedent
Wrongful Death Claim Statute of Limitations in Florida
The State of Florida provides that actions for wrongful death must be filed within two years of the date of the incident. Afterwards, the family may lose any rights to file a wrongful death claim.
Gather Evidence and Document Everything
Wrongful death cases require documentation. Documentation includes gathering evidence. Types of evidence that should be gathered include medical records and bills, death certificate, insurance documents, photos, and surveillance videos.
Determine the Damages
Each wrongful death lawsuit will have a different amount of damages or amount that the claim is worth. Damages depend upon unique circumstances such as how much negligence was shown upon the deceased.
It is important to discuss the case with a qualified wrongful death attorney to discover the value of the case and determine how much your family can recover for the loss of your loved one.
Filing the Case as Soon As Possible
Unfortunately, the death of a loved can shatter a family’s world. It is a difficult time to deal with, but you must make sure the wrongful death claim is filed as soon as possible. Often times people wait too long to file the case and forfeit their rights to compensation.
Do you need to file a wrongful death lawsuit? Call Hale Law, the Sarasota Wrongful Death Attorneys.
If your family is dealing with a wrongful death in Sarasota or Bradenton, contact your Sarasota wrongful death attorneys at Hale Law. Our wrongful death attorneys are sensitive to your needs and concerns. At the same time, they will aggressively pursue your claim with the insurance company. Let us help you recover the maximum compensation you deserve and get through this difficult time without unnecessary burden. To schedule a free consultation, call at 941-735-4529 or contact us online. We don’t recover unless you do.