Did you know that over 3,000 traffic fatalities were reported in Florida in 2020 alone? Losing a loved one in a car accident can be a traumatic experience, and the deceased’s family members should consider taking legal action. Filing a wrongful death is not easy, more so because insurance companies make it a point to deny claims regularly on flimsy grounds. Your best bet is to seek a free case analysis from a wrongful death attorney, for which you can visit website of top law firms in Miami. If you are wondering how an attorney can help, we have some key pointers below.
Filing a wrongful death lawsuit
In Florida, certain survivors of the deceased can file a wrongful death claim. Also, the representative for the estate is allowed to fight for the deceased person. The person filing the lawsuit is required to prove that the accident was a result of the other party’s fault – the defendant, for which they must present evidence and witnesses. These cases are filed in the civil court, and as per the statute of limitations in Florida, the deadline for such wrongful death lawsuits is two years from the date of the deceased’s death.
The role of an attorney
- Evaluating the claim. Following the death of a person, family members and survivors often act in confusion, and just because they believe that they have a wrongful death claim doesn’t mean the case will hold. An attorney’s first task is to evaluate whether the case is strong enough to be pursued.
- Put a dollar value. There are different types of damages that survivors can recover from a wrongful death lawsuit, including loss of companionship, lost wages, funeral expenses, and lost services. In some cases, it is also possible to seek compensation for the pain and suffering the deceased’s family endured. A lawyer can help put a dollar value to the claim.
- Building a case. The lawyer is also responsible for gathering evidence and building a solid case. This may require the attorney to collect information from sources, witness statements, and find experts to testify. Lawyers also have experience analyzing crash reports and can work with professionals to reconstruct accidents.
If you are worried about whether you can afford a wrongful death attorney, remember that their fee is not due until you win. The lawyer gets a share of the settlement only after you get compensated for your damages.