Filing a wrongful death claim requires several forms of documentation. This includes documentation of the cause of your loved one’s death as well as documentation of your family’s financial and non-financial losses. Once you hire an experienced wrongful death attorney in Florida, your attorney can help gather the documentation needed to prove your family’s legal rights.
If you need to file a wrongful death claim, gathering the necessary documentation will be a key first step in the process. Several forms of documentation will be required, and it will be important to ensure that you have all of the documentation you need to assert your family’s legal rights effectively.
An experienced wrongful death attorney in Florida can help.
Broadly, the documentation needed to file a wrongful death claim falls into two categories: (i) documentation of liability; and (ii) documentation of damages. An experienced attorney can assist with gathering all of the documentation needed to seek the financial compensation your family deserves. Since some forms of documentation can disappear (or be destroyed) if they are not promptly preserved, it is important to hire an attorney as soon as possible.
How Do I Prove that My Loved One’s Death was “Wrongful?”
Proving that your loved one’s death was “wrongful” requires a prompt and thorough investigation. While the types of documentation that are available will depend on the nature of your loved one’s fatal accident, some examples of documentation that can often be used to prove liability include:
- Forensic evidence from the accident scene
- Cell phone records
- Text messages and social media posts
- Receipts and account statements
- Employment records and other corporate documents
- Written statements from eyewitnesses
- Written reports from expert witnesses
After investigating your loved one’s fatal accident, your attorney will be able to determine what documentation is available—and what additional documentation is needed. Engaging accident reconstructionists, engineers, and other experts is a common part of the process, and an experienced wrongful death attorney will be able to determine what is necessary to document the cause of your loved one’s accident based on the specific circumstances at hand.
How Do I Document My Family’s Losses Resulting from a Fatal Accident?
Along with documenting the cause of your loved one’s accident, filing a wrongful death claim will also require documentation of your family’s losses. Under Florida law, eligible family members can seek compensation for the financial and non-financial losses they suffer as a result of their loved one’s untimely passing.
With this in mind, some examples of documentation that will typically be required include:
- Medical records (for treatment prior to death)
- Funeral records
- Employment records
- Bills, receipts and insurance statements
- A “pain journal” documenting the day-to-day effects of your loved one’s passing
- Written statements from family members and friends
- Expert reports documenting eligible family members’ financial and non-financial losses
Again, these are just examples—and, here too, you can (and should) rely on an experienced wrongful death attorney in Florida to ensure that you have all of the documentation you need. Hiring an attorney costs nothing out of pocket in this scenario, and your family’s legal fees (if any) will be deducted from your financial recovery if your case is successful.
FAQs: Filing a Wrongful Death Claim in Florida
How long do I have to file a wrongful death claim after a fatal accident in Florida?
In most cases, eligible family members have up to two years to file a wrongful death claim after a fatal accident in Florida. This two-year “limitations period” typically runs from the date of death. However, waiting to take legal action can make it more difficult to seek compensation; and, as a result, we strongly recommend speaking with an attorney as soon after your loved one’s fatal accident as possible.
Which family members are eligible to file a wrongful death claim in Florida?
As a general rule, a wrongful death claim must be filed by the decedent’s personal representative. If the decedent prepared an estate plan, the decedent’s will should designate a personal representative. Otherwise, a personal representative will need to be appointed in court.
But while the family’s claim must be filed by the decedent’s personal representative, multiple family members may be eligible to receive financial compensation. Depending on the circumstances, this could include the decedent’s spouse or partner, parents, children, and any other dependents.
What types of compensation are available in Florida wrongful death cases?
In Florida wrongful death cases, eligible family members can seek just compensation for their financial and non-financial losses. While individual circumstances vary, the types of damages that are generally available include compensation for medical and funeral expenses, loss of income and inheritance, loss of consortium and companionship, loss of support, and loss of enjoyment of life.
How a Wrongful Death Attorney in Florida Can Help
If you have grounds to file a wrongful death claim in Florida, an experienced attorney at Searcy Denney can help collect all the documentation needed to take legal action. Our attorneys can also take appropriate legal action on your family’s behalf, and we can work to recover a settlement or verdict while you focus on being with your family.
We handle all wrongful death cases on a contingency-fee basis, which means that families pay nothing out-of-pocket for our legal representation. If we help your family secure a settlement or verdict, our legal fees will be deducted from the amount we help your family recover.
Schedule a Free, No-Obligation Consultation with a Wrongful Death Attorney at Searcy Denney
If you need to know more about filing a wrongful death claim after a fatal accident in Florida, we strongly encourage you to contact us today. To arrange a free, no-obligation consultation with an experienced wrongful death attorney at Searcy Denney, call 800-780-8607 or tell us how we can reach you online now.
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