5 Questions To Ask During Your Florida Wrongful Death Consultation

Losing someone you love without warning can turn your world upside down. On top of the grief, you’re left with the confusing task of sorting out legal issues. In Florida, families can seek financial recovery through a wrongful death claim if their loved one died due to another party’s negligence. Knowing what to ask during that first meeting with a wrongful death attorney is crucial.

Below are five questions to keep in mind during your first wrongful death consultation. The answers to these questions can help you feel more prepared and make informed decisions for your family.

1.    What Documents Will I Need?

Documentation is the foundation of any wrongful death case. Start with your loved one’s death certificate, ensuring you get a few certified copies, since insurance companies, probate courts, and other parties may need them. Other helpful documents include the autopsy or medical examiner’s report, which provides detailed information about the cause of death.

2.    How Do We Prove Financial Support and Dependency?

If your family depended on the person who passed away, you’ll need to show it. Gather what you can, including recent tax returns, W-2 forms, 1099s, or pay stubs. Also, gather things like mortgage or rent statements, utility bills, and bank records to show the day-to-day expenses your loved one helped cover.

Don’t forget your own financial paperwork, as it can help establish dependency. Proof of your earnings and household costs can help prove that you relied on your loved one’s income for living expenses.

3.    What Details About the Event Should I Gather?

For a wrongful death case, you need to gather all the information you can about the incident that led to your loved one’s death. These include police reports, accident investigation findings, employer incident documentation (if applicable), OSHA reports (if applicable), and photos or videos from the scene.

Additionally, make a list of the names of any witnesses, with their contact information. This information is important for preserving testimony before memories fade or witnesses become hard to locate.

4.    Who Has the Right To File?

Florida has strict rules about who can file a wrongful death claim. According to Florida Statutes section 768.20, only the personal representative of the deceased person’s estate can file the claim. However, they do so on behalf of the surviving family members. Spouses, children, and sometimes parents may be entitled to compensation.

5.    How Long Do I Have To File a Wrongful Death Claim?

Florida law places strict deadlines on wrongful death claims. In many cases, families only have two years from the date of death to bring forward a lawsuit. Failure to initiate a lawsuit within this deadline could prevent you from recovering compensation altogether. During your consultation, ask the attorney how the statute of limitations applies to your situation and whether there are any important deadlines you should know about right away.

Contact The Pendas Law Firm

If you’ve lost a loved one because of someone else’s negligence, contact our West Palm Beach wrongful death attorneys at The Pendas Law Firm today. We’re here to help you protect your family’s rights and pursue the justice and compensation you deserve.

The Pendas Law Firm also represents clients in the Ocala, Orlando, Miami, Daytona Beach, Bradenton, Fort Myers, Fort Lauderdale, Jacksonville, Tampa, Naples, and Melbourne areas.

Source:

flsenate.gov/Laws/Statutes/2020/0768.20