6 Myths About Wrongful Death Claims Debunked
Wrongful DeathIn this article, we’ll explore common misconceptions surrounding wrongful death claims and clarify the realities behind them. Whether you’re wondering if most claims go to trial, how much time you have to file, or what hurdles you may encounter when proving negligence, this guide provides essential insights to help you better understand the wrongful death claim process and navigate it with confidence.
In this article, you can discover…
- Whether most wrongful death claims go to trial.
- How much time you have to file a claim.
- Possible challenges to proving negligence and how to overcome them.
1. Wrongful Death Claims Always Go To Trial In Florida
Though many members of the public assume that most wrongful death cases go to trial, in reality, most of these cases are settled out of court. Trials tend to be expensive, lengthy, and more stressful for survivors, leading many families to choose to negotiate with insurance companies for damages. Insurance companies are also often willing to negotiate on wrongful death cases because jurors in wrongful death cases often have a great deal of sympathy for the survivors. Therefore, there is significant risk to defendants and insurance companies in wrongful death cases.
While many cases can be resolved through negotiations, others are simply too complex or contentious to be settled. In those cases, an attorney can guide the family through the litigation process and ensure their voices are heard in court. These are cases where there is an issue that one side or the other simply cannot reconcile without a trial.
2. I Have To File A Claim Immediately After My Loved One’s Death
While you don’t have to file immediately following a loved one’s death, the time limit to file is still relatively brief. In reality, the window to file in Florida is two years from the date of your loved one’s death. You also have to file a probate to bring a wrongful death case. We can help you with filing the probate as a prerequisite to filing a wrongful death lawsuit.
This makes it important to get in touch with a lawyer quickly if you suspect a loved one’s death was caused by another’s negligence. The sooner you reach out, the more quickly evidence can be gathered, and a wrongful death claim can be filed.
3. Wrongful Death Claims Always Result In Compensation
Not always. Simply because a person has died does not automatically guarantee that a family can recover damages. In order to have a legally compensable claim, survivors must prove that another party is legally liable or responsible for their loved one’s death. When this liability cannot be established, a claim will not be compensated. We have significant experience with wrongful death cases and we can give you an idea of what the realistic chances of success are with the facts of your individual case.
4. It Is Difficult To Prove Negligence In Wrongful Death Cases
Many wrongful death cases are easily proven by establishing that a responsible party was negligent and that this negligence caused a person’s death. However, whether liability is proven depends on the circumstances of the case and the evidence available.
In some cases, facts need to be determined by a jury, and every wrongful death case has unique elements that must be considered on its own. An attorney can look over the facts of your loved one’s death, review medical records, and help you determine if you have a valid case. Another thing to consider is that liability may not be the issue in your wrongful death case. Instead, the real issue may be collectability. This is something that we will help you with in evaluating the merits of your case.
5. Multiple Wrongful Death Claims Be Filed For The Same Incident In Florida
In Florida, the executor or personal representative of the deceased person’s estate is responsible for filing a wrongful death claim. This allows the executor to file once on behalf of all eligible surviving family members.
Multiple claims cannot be brought later, nor can each eligible family member bring their own claim. The single claim filed by the descendant’s estate is your family’s sole opportunity to file a wrongful death claim, so it’s important to be sure it is filed correctly and that your loved one’s cause is represented accurately.
6. Wrongful Death Cases Always Take Years To Resolve
While some wrongful death cases, especially complex ones, can take years to resolve, others are settled in months. This is especially true if the case is quite straightforward, liability is clear, and appropriate damages are offered quickly by insurance carriers during settlement.
How We Approach Cases Like Yours
My greatest tool for serving my clients is thoughtful, objective professionalism. It would be unprofessional for me to be subjective and overly emotional. Further, this would hinder me from being truly focused and doing my best work possible for the surviving family.
This does not mean that a lawyer cannot empathize; empathy is important, especially in cases of tragic loss. Empathy allows me to help a jury understand my client’s losses and the importance their loved one had to them.
But at the end of the day, a healthy balance of professionalism, objectivity, empathy, and focus allows me to work skillfully for my clients, maintain appropriate boundaries, and get loved ones the damages, representation, and results they truly need and deserve.
Still Have Questions? Ready To Get Started? For more information on Wrongful Death Claims In Lakeland, Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (863) 243-6166 today.
