- What to do after a loved one is killed in an auto accident.
- How to preserve evidence in a wrongful death case.
- How an attorney can help you after a fatal vehicle accident.
What Should I Do After My Loved One Is Killed In A Fatal Vehicle Accident?
First and foremost, it’s important to know that in the aftermath of a fatal vehicle accident, many people may approach you with their own agendas, trying to steer you in various directions. The best thing you can do is find an attorney you trust and seek legal advice without outside influences.
While there are legitimate referrals available, it’s crucial that you remain in control of the decision-making process. You should be the one calling the shots and selecting the attorney who will handle your case. Given the competition among attorneys for high-profile cases, you’ll encounter a lot of advertising. My advice is to look beyond the advertisements.
Find an attorney who isn’t just a storefront but someone you can see yourself working with for the next two years. The attorney-client relationship will last for the duration of the case, so it’s important to choose someone who makes you feel valued. While you won’t be their only client, you should feel like an important client to your attorney.
When Should I Contact A Wrongful Death Lawyer In Florida?
In wrongful death cases, there is a short statute of limitations, and a lot needs to be done to prepare for a lawsuit.
Your attorney will need to assess liability, contact all relevant insurance companies, determine the levels of coverage available, and put all this information together to maximize your potential recovery.
How Do I Preserve Evidence For A Wrongful Death Claim?
As a client in a wrongful death case, much of the evidence you will preserve will involve documentation of the personal value your loved one had to you, such as photographs, home videos, letters, and similar personal items.
You may also be asked to provide medical records, a death certificate, autopsy records, and other official documents related to your loved one’s care and passing.
Who Can File A Wrongful Death Lawsuit In Florida?
In Florida, only a personal representative can legally bind a decedent’s estate and make a wrongful death claim on behalf of the survivors. Typically, there will be a single personal representative responsible for bringing claims for the estate and all the survivors collectively. Each survivor does not hire their own attorney.
Given this, the insurance company may require you to take the necessary steps to become the personal representative before they will discuss settlement with you.
What Are The Steps For Filing A Wrongful Death Claim In Florida?
In Florida, you need to file for probate and become the personal representative of the estate before filing a wrongful death claim. If you have priority to be appointed as the personal representative, you can reach a settlement with an insurance company as the putative personal representative. However, you must subsequently file the necessary probate documents to finalize the settlement.
Can You Describe A Memorable Case Where You Helped A Grieving Family Navigate The Aftermath Of A Fatal Accident?
A memorable case that stands out to me is when I represented the widow of a man who died a few months after a car accident. The widow was unsure whether the case was a survival case (a personal injury case for the duration of the person’s lifetime) or a wrongful death case. I helped establish liability for the accident, open probate, and ultimately file the lawsuit, which we won.
There were many things the widow wouldn’t have known to consider without an attorney’s guidance – and I was deeply grateful for the opportunity to assist her during her greatest time of need, providing honest and ethical advice.
Many people around her were trying to influence her in various ways. I focused on providing honest legal advice and unbiased information so she could make the right decisions. Helping her through this difficult time reinforced my commitment to offering compassionate and ethical support to my clients. This experience left a lasting impact on me, reminding me of the importance of integrity and empathy in legal practice.
For more information on Steps To Take Immediately After A Fatal Vehicle Accident, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (863) 243-6166 today.