Under Florida Code section 768.21, the personal representative of the estate of the deceased person can file a wrongful death claim. The personal representative will file the claim on behalf of the surviving loved ones who are entitled to compensation.
Navigating the process of a wrongful death claim can be challenging because there is often a lot of money at stake in these cases. You need an experienced Florida wrongful death lawyer who can help you. Diaco Law can provide the support you need.
Our legal team has recovered millions of dollars in wrongful death damages for those who have lost loved ones in accidents caused by negligence or wrongdoing. We will bring our decades of experience to your case and aggressively fight for your right to be fully compensated for the tremendous losses you’ve endured.
How to File a Wrongful Death Claim in Florida
To file a wrongful death claim in Florida:
- Identify the defendants who could be held liable for the losses. This can include careless drivers, negligent property owners, or anyone else who is responsible for causing the fatal accident.
- Gather evidence: You’ll need to be able to prove the defendant had a duty of care, breached that duty, and the breach was the direct cause of the death. You can gather accident reports, witness statements, expert testimony, and more.
- File a claim: You’ll need to file a complaint in the appropriate court (usually where the death took place) within Florida’s wrongful death statute of limitations. Your attorney can help with this process. However, it’s important to note that only certain loved ones will be able to file a wrongful death claim.
- Navigate the discovery period: During this period of time, you will gather evidence, interview witnesses, and likely be interviewed yourself. Your attorney should be there with you at every step, helping you to build a strong case and avoid making any statements that jeopardize your claim.
- Negotiate a settlement: Many cases settle outside of court. During the time leading up to a trial, you’ll negotiate with the defendant or, more likely, with the defendant’s insurer. The goal is to try to reach a fair agreement to resolve the claim without the stress of a trial, but you don’t want to leave money on the table.
- Go to trial: If no settlement is reached, you’ll go to court and present evidence. It is up to you to prove the defendant was liable for the death and to demonstrate the extent of your losses. You must prove this by a preponderance of the evidence, or show more likely than not that the defendant was responsible for the death.
Diaco Law can help you at every step of this process.
How Does a Florida Wrongful Death Lawyer Help You?
Diaco Law will be there to provide help and support throughout your claim. Our legal team will work with you to build the strongest possible case, to file your court paperwork on time, and to stand up to the insurance company and make them pay what is owed.
Our firm has the resources and connections with experts to help you demonstrate liability and we have trial experience, so we are ready to go the distance to fight for you.
Contact a Florida Wrongful Death Lawyer Today
If someone you love has died, you should focus on grieving while Diaco Law fights for you in court. Give us a call today to schedule a free consultation with a Florida wrongful death lawyer who can help you.