5 Mistakes To Avoid in a Florida Wrongful Death Case
Losing someone you love can be devastating. When you lose someone you love because of another person’s negligence, it can be even more devastating. In Florida, when someone dies because of another person’s negligence, the victim’s family has the right to file a wrongful death claim and recover financial compensation from the negligent party. If you lost a loved one because of another person’s negligence, filing a wrongful death claim may not bring your loved one back, but it can provide you and your family with the financial support you need and deserve after an unforeseen loss. However, to ensure you recover the compensation you deserve, you must avoid making certain mistakes. If you lost a loved one and intend to file a Florida wrongful death claim, the following are some of the mistakes you should avoid making;
Mistake #1: Failing To Hire an Attorney
It can be tempting to handle a wrongful death case without legal help. However, tackling a wrongful death case alone without legal representation is one of the biggest mistakes you can make. The rules and procedures governing wrongful death cases in Florida can be complex. Also, an experienced wrongful death attorney can protect your rights and interests.
Mistake #2: Delaying to Contact an Attorney
If you wait to contact an attorney, the statute of limitations for filing your claim may expire. According to Florida law, you have two years after the death of a loved one to file a wrongful death claim. Failure to file your claim within two years will most likely result in your case being dismissed. It is also crucial that you do not delay contacting an attorney to prevent valuable evidence from being destroyed or altered.
Mistake #3: Speaking to the Insurance Company Before Contacting an Attorney
The at-fault party’s insurance company may contact you and make it look like they have your family’s best interests in mind. The unfortunate truth is that for many insurance companies, their priority is to reduce the amount of money owed to plaintiffs. If you talk to the insurance company before contacting an attorney, you may say things the insurance company can use to reduce their liability and, thus, the compensation they must pay. The insurance company might also trick you into accepting a low offer.
Mistake #4: Accepting a Fast Settlement Offer
Another mistake you should avoid in your wrongful death case is accepting a fast settlement offer. Quick offers from insurance companies are not fair. Before taking the insurance company’s initial offer, speak to your attorney.
Mistake #5: Not Properly Valuing Your Case
Most people do not know what their wrongful death case is worth. On top of recovering compensation for things like lost wages, medical expenses, and funeral expenses, you may be entitled to be compensated for your own suffering and losses resulting from your loved one’s death. For example, you may be entitled to compensation for loss of consortium. Loss of consortium includes the loss of intangibles such as love, comfort, physical intimacy, solace, and help with household tasks.
Contact Us for Legal Help
If you’ve lost a loved one in Florida because of another person’s negligence, contact our Fort Myers personal injury attorneys at The Pendas Law Firm for legal help.
The Pendas Law Firm also represents clients in the Orlando, Ocala, Bradenton, Daytona Beach, Fort Lauderdale, West Palm Beach, Tampa, Miami, Jacksonville, Naples, and Melbourne areas.
