4 Common Wrongful Death Claim Mistakes to Avoid In Florida
Corbin Sutter
Wrongful Death
Wrongful death claims are just one way to bring closure to a person's loved ones after a loss. However, if you are going to file a wrongful death claim in North Port, Florida, there are a few mistakes you want to make sure to avoid.Waiting Too Long
Under Florida statutes, you have two years from the date of death to file a wrongful death lawsuit in most cases. A personal representative of the decedent's estate must be the one to file the claim. If you wait too long and are over the two-year statute of limitations, you may lose your right to any compensation.
For this reason, you need to begin filing the claim as soon as possible; otherwise, you may find it more difficult to gather the right evidence as too much time passes and your chance at a winning claim dwindles.
Speaking With the Insurance Company
Whenever you file a claim, it is important to remember that the insurance company doesn't have your best interests in mind. Their ultimate goal is to make a profit. To do this, they may try to offer you a settlement far below what is fair.
Avoid speaking to the insurance company as much as you can. In this instance, it is in your best interest to consult with a qualified wrongful death attorney who can mediate on your behalf.
The Acceptance of a Low Settlement Offer
Another mistake many make when progressing with their wrongful death claim is accepting a low settlement offer. The claim is important as it is what will compensate you for the medical expenses of the decedent, funeral and burial costs, loss of future earnings, and pain and suffering. It is also compensation for your own loss of companionship.
Once a settlement is accepted, you can't go back at a later date and request more funds. For this reason, you need to consider each settlement offer very carefully, especially if the claim you are filing is for someone who depends on the decedent's income.
Settling Without a Lawyer
Another big mistake people make with their wrongful death claim is settling without the help of a lawyer. You should never look at these claims with a do-it-yourself kind of approach.
An attorney in North Port, Florida, can assess the claim, determine its worth, and help you provide the evidence you need to prove negligence. They can also help find expert testimony and negotiate with the insurance company on your behalf.
If your loved one has passed due to the negligence of another, then you want to speak with a qualified North Port wrongful death lawyer. The right settlement for a wrongful death claim is important for paying funeral expenses, medical bills, lost wages, mental pain and anguish, and the value of lost support and services.
Since wrongful death claims can happen in several different ways, including through medical malpractice, workplace accidents, and auto accidents, it is important to consult with an attorney who is well versed in these cases, so you can reach a fair settlement.