5 Ways A Personal Injury Attorney Can Assist In A Wrongful Death Lawsuit
A personal injury attorney is a professional who helps clients pursue compensation for what they’ve suffered at the hands of someone else’s negligence. What some don’t know is they can also help surviving family members recover damages as well when their loved one has lost their life as a result of the same thing. According to Fla. Stat. § 768.19 (2021) wrongful death is classified as when the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person.
It can be devastating when a member of your family passes on and especially difficult to navigate the legal complexities that come along with fighting for a fair settlement simultaneously. A personal injury attorney can make the process run more smoothly, and also increase the likelihood of obtaining the settlement that you deserve.
If you’re pursuing legal action against someone who wrongfully caused the death of your loved one, there are several legal matters you should, but might not be aware of. For instance, your rights. It is important that you’re informed on what you’re legally allowed to do, and are also required to do. In Florida, there is a statute of limitations on filing a wrongful death claim, so it is important to act in a timely manner. A personal injury attorney can ensure you’re eligible to file, have met the appropriate time frame, explain the rights you have as a survivor of your loved one, and guide you through the entire process of recovering a settlement on behalf of the loss that you’ve endured.
Investigating Claims, Determining Liability & Gathering Evidence
It isn’t unusual for survivors of an accident to want to file a wrongful death claim and pursue compensation. Unfortunately, before you can recover any monetary damages, a claim has to be filed and liability has to be determined using substantial supporting evidence from the accident. This is often referred to as “the burden of proof,” which implies that it is the responsibility of the party who brings the claim to also provide proof to support the claim. A personal injury attorney can not only investigate your wrongful death claim, but they can also help gather evidence that will support your assertion, increasing your odds of recovering the maximum settlement. While you might feel you have a solid claim and sufficient evidence alone, an attorney can give you an advantage by thoroughly investigating the accident and inquiring with witnesses to ensure that your claim is foolproof.
Negotiating With Insurance Companies & Evaluating Settlement Offers
Despite the purpose of insurance companies, they prefer to cover themselves over victims and try to spend as little as possible on compensating those who’ve been injured or worse. At first, they might attempt to deny your wrongful death claim. Then they’ll lowball you with a settlement offer that will likely not equate to the amount that you truly deserve. A personal injury attorney is familiar with Florida’s personal injury and wrongful death laws and regulations, so they can effectively evaluate the offers you receive and determine whether or not they amount to the sizable settlement you’re entitled to. If they don’t, an attorney has the legal tools under their belt to negotiate with the insurance company of the at-fault driver for a better deal. While you could attempt to negotiate on your own, insurance companies take you much more seriously when you have experienced representation on your side, as they can’t get away with their usual strategies.
Damages that can be recovered are as followed according to Fla. Stat. § 768.21 (2021):
- The loss of support and services the decedent provided for his or her family
- The loss of the decedent’s companionship and protection
- The loss of parental companionship and protection
- Mental pain and suffering from the date of death
- Medical or funeral expenses paid by a surviving family member
- And more.
Represent You In Court
If your personal injury attorney is unable to negotiate a fair settlement on your behalf, they can advocate for you in court. They’ll be able to provide strong support and evidence for your wrongful death claim, cross-examine witnesses, and fight for your best interests so that you can reach a favorable outcome.
Provide You With Peace Of Mind & Emotional Support
When someone you love passes on it can be a traumatizing event to process. It is common to experience feelings of sadness, hopelessness, fear of the future, anger, loneliness, and more. When a tragedy like this can be avoided with careful driving, it is hard to let go of the “what ifs,” and even feelings of resentment towards the at-fault party. While you do need legal support and guidance, you also need emotional support and peace of mind. An attorney can offer that in several different ways. Their knowledge and experience alone can provide you with a sense of calm, as you know they’ll do everything in their power to help you reach a desirable outcome. In addition to that, because of their experience, they’ve likely worked with other clients that provide resources like mental health therapy, support groups, and more that they can refer you to. Lastly, it is likely that you aren’t their first client filing a wrongful death claim, so they truly do understand what you’re going through and can offer you the support you need, while combating the legal complexities that come along with the filing process.
About The Florida Law Group & How Our Personal Injury Attorneys Can Help You
The Florida Law Group is one of the state’s oldest and most reputable personal injury firms. We’ve recovered $1 billion for our clients over the years, and have 100+ years of combined firm experience. If your spouse, child, or parent has lost their life due to another driver’s recklessness, our skilled personal injury attorneys are equipped with the legal knowledge necessary to help you get the maximum compensation for your loss. Call today to schedule a free consultation and learn what your next steps are.