Mistakes to Avoid in Your Wrongful Death Claim

Losing someone you love is never easy. When a death is caused by another person’s negligence, or carelessness, the situation becomes even more frustrating. The wrongful death law in Florida allows you to file a claim against the negligent party who caused the accident that resulted in death. If you are successful with your claim, you can obtain compensation for the losses you sustained such as burial and funeral expenses, loss of household income, and more.

To claim the full compensation your family deserves, it is critical to avoid some of the most common mistakes made when filing your claim. Below, our Tampa wrongful death attorney explains what these are.

Waiting to Take Legal Action

In Florida, you have just two years from the date of the death to file a wrongful death claim. If you fail to file within this time, you will likely be barred from recovering any compensation at all. The insurance company will stop negotiation talks and if you file a lawsuit, the courts will likely throw your case out.

Over time, memories also fade and it becomes harder to find important pieces of evidence, such as locating witnesses to obtain a statement. While two years may sound like a long time, it is not. It is important to contact a Tampa wrongful death attorney as soon as possible.

Failing to Preserve Evidence

It is critical to collect as much evidence as possible, such as medical records, police reports, and possibly photographs of the accident scene. Just as it is important to collect the necessary evidence that proves your case, it is also critical to ensure the evidence is properly preserved. If evidence is improperly documented, mishandled, or lost, the opposing side may challenge it, which can significantly hurt your case. An attorney can advise on how to properly preserve evidence so your case is not challenged.

Speaking to Insurance Companies 

After a fatal accident, the insurance company representing the liable party may contact you in the following days or weeks. They may offer you a settlement or ask for a recorded statement. They may also ask you to sign a medical release allowing them to search your loved one’s medical records.

Speaking to the insurer in any capacity after a wrongful death is a mistake. They will only use your words against you in order to reduce or deny your family the compensation you deserve. Avoid speaking to the insurance companies and direct them instead to your Tampa wrongful death lawyer.

Not Contacting a Wrongful Death Attorney in Tampa

Filing a wrongful death claim can help your family claim the compensation you need after a death, but the process can be long and complex. The other side will also fight to ensure you are not paid the full damages you deserve, or to avoid paying a settlement altogether. At Moore Law, our Tampa wrongful death attorney can guide you through the process and ensure no mistakes are made so your family claims full compensation and can move forward. Call us now at 813-510-5400 or contact us online to schedule a consultation and to get the legal help you need.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0768/Sections/0768.16.html