Losing a loved one is a difficult experience. If their death resulted from someone else’s negligence, filing a wrongful death suit may offer some justice and financial relief. However, before proceeding with the suit, consider these important questions to ensure you are prepared and have a valid case.
Do you have legal standing?
Not everyone can file a wrongful death suit. In Florida, the decedent’s representative, who is usually named in their will, files the claim on behalf of the surviving family members. If no representative is named, the court can appoint one.
What is the statute of limitations?
Florida law imposes a strict time limit on filing wrongful death lawsuits. Generally, you have two years from the date of death to file the suit. Missing this deadline can result in losing your right to file and seek compensation.
What are the grounds for the suit?
You need to prove the reason for death is due to another party’s negligence, wrongful act, breach of contract, or warranty. This can include car accidents, medical malpractice, workplace accidents, or defective products. Gather as much evidence as possible to support your claim.
What are the costs involved in filing a suit?
Navigating a wrongful death suit can be expensive. These costs can include legal fees, court fees, and expenses for gathering evidence and testimonies. Being financially prepared for these expenses will help you navigate the process without added stress.
Addressing these key questions can help you navigate the complexities of a wrongful death suit. Careful consideration and proper preparation are essential steps toward pursuing justice and potential compensation.