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Understanding the Process of a Wrongful Death Claim

Wrongful Death report and gavel in a court.

The process of filing a wrongful death claim can be a long and complicated one, and it is important to understand the process in order to make sure that you are adequately compensated for your loved one’s death. At Hicks & Motto, we believe that everyone should have access to expert legal guidance to assist them through the legal proceedings associated with a wrongful death claim. Our experienced Florida personal injury lawyers will provide you with the personalized attention and comprehensive legal counsel you need to help you navigate the legal system and seek justice for your loved one.

What is a Wrongful Death Claim?

In the state of Florida, a wrongful death claim is a civil lawsuit filed on behalf of the family of a person who has died due to the negligent, reckless, or intentional actions of another person or entity. The purpose of a wrongful death claim is to seek financial compensation for any damages that have been suffered by the family, such as medical bills, funeral expenses, and lost wages.

Who Can File a Wrongful Death Claim?

In the state of Florida, only certain people are eligible to file a wrongful death claim. The eligible parties include the surviving spouse, children, or parents of the deceased person. If the deceased person did not have any surviving spouse, children, or parents, then other relatives, such as siblings or grandparents, may be eligible to file a claim.

What Damages Can Be Recovered Through a Wrongful Death Claim?

The damages that can be recovered through a wrongful death claim in Florida include, but are not limited to, the following:

  • Medical expenses for any medical care the deceased person received before their death.
  • Funeral and burial expenses.
  • Lost wages and benefits the deceased person would have earned had they lived.
  • Pain and suffering the deceased experienced prior to their death.
  • Loss of companionship and support suffered by the surviving family members.

What is the Statute of Limitations for a Wrongful Death Claim?

In the state of Florida, the statute of limitations for filing a wrongful death claim is two years from the date of the deceased person’s death. It is important to note that this two-year period begins from the date of the person’s death, not from the date of the accident or incident that caused the death.

What is the Process of a Wrongful Death Claim?

The process of filing a wrongful death claim involves many steps, including the following:

Investigation

The first step in the process is to conduct an investigation to determine the cause of the death and who is responsible. This may involve obtaining witness statements, examining the scene of the accident or incident, and gathering any other relevant evidence.

Hiring an Attorney

Once the cause of the death has been determined, the next step is to hire an experienced personal injury lawyer. At Hicks & Motto, our knowledgeable team of personal injury attorneys in Florida has extensive experience in filing wrongful death claims and will provide you with the personalized attention and comprehensive legal counsel you need to seek justice for your loved one.

Filing the Claim

Once you have hired an attorney, the next step is to file the wrongful death claim. This involves submitting the claim to the court and serving the defendant with the complaint.

Negotiation

Once the claim has been filed, the parties will enter into negotiations to try to reach a settlement. During this process, your attorney will be your advocate and will negotiate on your behalf to ensure that you receive the full compensation you are owed.

Trial

If a settlement cannot be reached, then the case will proceed to trial. At trial, your attorney will present your case to the jury and will do everything possible to prove that the defendant is responsible for the death of your loved one.

Contact Us

If you have lost a loved one due to the negligent, reckless, or intentional actions of another person or entity, the experienced team of personal injury lawyers at Hicks & Motto can help you seek justice. Our knowledgeable attorneys have more than 80 years of combined experience in filing wrongful death claims and will provide you with the personalized attention and comprehensive legal counsel you need to seek the justice you deserve. Contact Hicks & Motto for a free consultation.

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