If you have tragically lost a loved one in a fatal accident or due to a fatal medical mistake, you may have grounds to file a wrongful death claim. Spouses, parents, children, and other eligible family members can file wrongful death claims in a wide range of circumstances, and seeking accountability is important for a variety of reasons. If your family has a claim, you can hire a Florida wrongful death attorney at no out-of-pocket cost, and you can rely on your family’s attorney to fight for justice on your behalf.
When you hire an attorney in this scenario, your attorney’s first priority will be to preserve any evidence that is available. If the evidence suggests that your family may be entitled to financial compensation, your attorney will help you make an informed decision about whether to take legal action, and if you decide to take legal action, your attorney will file a wrongful death claim on your behalf.
What to Expect Once You Hire an Attorney to File a Wrongful Death Claim
Once your attorney files a wrongful death claim, what comes next? Here is an overview of what you can expect during the process:
1. Your Family’s Attorney Will Continue Seeking to Gather Evidence in Support of Your Family’s Claim
After filing a wrongful death claim on your family’s behalf, your family’s attorney will continue seeking to gather evidence of liability. Certain forms of evidence will only be available from the at-fault party, and your family’s attorney will be able to seek to compel the at-fault party to disclose this evidence through the formal discovery process.
Depending on the circumstances of your loved one’s accident, cell phone companies, bars, liquor stores and various other third parties may have critical evidence in their possession as well. If necessary, your family’s attorney can issue subpoenas to obtain evidence from these third parties.
2. Your Family’s Attorney Will Assemble Documentation of the Financial Costs Resulting from Your Loved One’s Untimely Death
For grieving families, the financial costs of fatal accidents typically fall into two broad categories: (i) out-of-pocket expenses; and (ii) loss of future income, benefits, and inheritance.
If your family has a wrongful death claim, you are entitled to seek compensation for your family’s costs in both of these categories. Recoverable out-of-pocket expenses include medical expenses your loved one incurred prior to death, funeral expenses, burial or cremation expenses, and any other costs your family incurs as a result of the fatal accident. Documenting your family’s loss of future income, benefits, and inheritance is more complex, but an experienced Florida wrongful death attorney will be able to help.
3. Your Family’s Attorney Will Work with You to Document the “Non-Financial Costs” of Your Loved One’s Untimely Death
Along with these financial costs, if your family has a wrongful death claim, you are entitled to seek compensation for the “non-financial costs” of your loved one’s untimely death as well. While individual circumstances vary, these generally include:
- Emotional distress
- Loss of companionship
- Loss of consortium
- Loss of enjoyment of life
- Loss of services and support
Determining what constitutes “just” compensation for these losses requires an understanding of the relevant legal principles, and documenting these losses requires an understanding of what is required to persuade insurance companies to consider a fair settlement. Your family’s wrongful death attorney will be able to help here as well.
4. Your Family’s Attorney Will Work to Negotiate a Just Settlement with the At-Fault Party’s Insurance Company
In the vast majority of cases, filing a wrongful death claim involves dealing with the at-fault party’s insurance company, and the vast majority of successful wrongful death claims settle out of court (though there are no guarantees). After calculating the financial and non-financial costs your family is entitled to recover, your family’s attorney will begin the process of negotiating for a fair settlement.
5. If a Settlement Offer is On the Table, Your Family’s Attorney Will Help You Decide Whether to Accept
If a settlement offer is on the table, it will be up to you to decide whether to accept the offer or keep fighting for more. Your family’s attorney will provide advice based on his or her experience and insights into your family’s case, but this is your decision to make. While you should not accept an unjust offer, it is important to understand that if you reject a settlement offer, this may mean taking your case to court.
6. If You Decide Not to Accept a Settlement Offer, Your Family’s Attorney Will Fight for Just Compensation in Court
In some cases, going to court will be the best (and perhaps only) option. If you decide not to accept a settlement (or if the at-fault party’s insurance company never offers a settlement), your family’s attorney will fight for just compensation in court. This is a process all on its own, and if it appears that your case may be headed to court, your family’s attorney will explain everything you need to know.
7. Your Family’s Attorney Will Respond to Your Messages and Keep You Updated Throughout the Process
Finally, when you hire an attorney to file a wrongful death claim on your family’s behalf, you can expect to remain in close contact throughout the process. You can expect your attorney to respond to your messages promptly, and you can expect to receive updates at every step along the way. When your attorney needs information from you, you can expect him or her to get in touch, and when you need to make decisions, you can expect your attorney to provide personalized advice based on your family’s circumstances.
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