If you have lost a loved one due to the negligent actions of another party, we’d first like to say we are so sorry for your loss. There’s no way to replace that person, but if you’ve found this blog post, then you’re probably seeking some form of justice for your loss. So let’s cut to the main point — filing a wrongful death lawsuit in Florida may help bring justice for your family.
The wrongful death attorneys at Herman & Wells have extensive experience and knowledge to help guide you through this difficult time. Our team is committed to providing compassionate counsel as well as aggressive representation. We will take the time to review your wrongful death case and provide you with a complete understanding of the legal process. Use our online contact form or call our firm directly at (727) 821-3195 if you’d like to speak to an attorney regarding your wrongful death claim.
The Cliff Notes: Key Takeaways From This Post
- It is possible to file a wrongful death lawsuit on your own in Florida.
- It is important to understand the legal process of filing a wrongful death lawsuit and be familiar with the rules and regulations of Florida courts. If you’re not well-versed in Florida’s “Right to Action” legislature under Statutes section 768.19, it is strongly recommended that you consult with an experienced attorney first.
- Evidence such as medical records, police reports, witness statements, and more must be gathered to support your claim.
- Proof of intent or negligence does not have to be provided but can increase the chances of success.
- Before filing a wrongful death suit without a lawyer, an individual should determine eligibility for the suit, gather evidence, draft and file a formal complaint, notify the defendant of the lawsuit and serve them the formal complaint, and understand the discovery process.
- Hiring an experienced wrongful death lawyer will yield the best opportunity to get the justice you’re seeking; they offer deep legal expertise, help gathering evidence, knowledge of settlement negotiations, and skilled representation during trial.
Can You File A Wrongful Death Lawsuit On Your Own?
If you have lost a loved one due to the wrongful or careless actions of another person, business, or organization in Florida, then you may be entitled to file a wrongful death lawsuit. However, wrongful death claims are complex legal matters and require the assistance of an experienced wrongful death attorney who can help you navigate the process.
Explanation Of The Pros And Cons
There are both pros and cons to filing a wrongful death lawsuit on your own. One potential advantage is that you may be able to save yourself time, money, and stress by not having to go through the process of finding an attorney. On the other hand, wrongful death cases often require legal expertise and experience in navigating Florida’s wrongful death laws and procedures. Working with an experienced wrongful death attorney can help ensure that you get the most favorable outcome possible in your case.
Additionally, wrongful death attorneys understand the importance of timely filing and other legal requirements such as meeting certain deadlines or regulations. Without experienced legal guidance, there is a greater chance that mistakes may be made along the way, which can result in delays or dismissal of your wrongful death lawsuit.
Importance Of Understanding The Legal Process
It is important to understand the legal process of filing a wrongful death lawsuit in Florida. An experienced wrongful death attorney can help you through each step of the process, including understanding and preparing documents such as wrongful death notices, wrongful death complaints, wrongful death petitions, and more. Additionally, an experienced wrongful death attorney will be able to provide advice on how to move forward with wrongful death litigation, including trial preparation and settlement negotiations.
What You Need To Know Before Filing A Wrongful Death Lawsuit On Your Own
If you are considering filing a wrongful death suit on your own, without the assistance of an attorney, you should be aware of the potential risks and challenges that may come with it.
Understanding The Statute Of Limitations
The wrongful death statute of limitations in Florida is two years from the date of death. This means you have two years after your loved one passed away to file a wrongful death lawsuit. It’s important to note that this may be shortened or extended depending on certain factors, such as when the wrongful act was discovered.
What Type Of Evidence Is Required
To win a wrongful death lawsuit, you must be able to prove that the wrongful action of another person or party caused your loved one’s death. This includes evidence such as medical records and expert witness testimony. You will also need to demonstrate that this wrongful action resulted in damages to you and your family, such as lost wages and medical costs.
What Evidence Isn’t Required, But Can Make A Big Difference In Your Case
When filing a wrongful death lawsuit, you do not need to prove intent or negligence. However, if you are able to demonstrate that the other party acted recklessly or with wrongful purpose, it can increase your chances of success. Additionally, evidence of any prior incidents involving the defendant can be used to show that they knew there was potential for injury and still took the action that led to wrongful death.
Complying With The Rules And Regulations
You must also be familiar with the rules and regulations of Florida courts before filing a wrongful death lawsuit. This includes understanding the court’s procedures, timelines, and deadlines for submitting evidence and documents. You should also consult an attorney if you are uncertain about any aspect of the wrongful death law in Florida.
Common Mistakes To Avoid When Filing A Wrongful Death Lawsuit On Your Own
If you are considering filing a wrongful death lawsuit in Florida on your own, it is important to be aware of the common mistakes that can occur. Taking the right steps can help ensure a successful wrongful death claim:
Not Hiring An Expert Witness
The testimony of an expert witness is often critical in wrongful death cases. An expert witness can provide persuasive evidence that supports your wrongful death claim and bolster the credibility of your case. Therefore, it is important to consult with an attorney who can help you secure an appropriate expert witness for your wrongful death lawsuit.
Not Seeking Medical Treatment
It is essential to seek medical treatment as soon as possible after sustaining an injury that could lead to wrongful death. A medical report can provide crucial evidence for your wrongful death case, and any delay in seeking medical care can be used against you by the opposing party.
Not Having Adequate Documentation
Documentation is critical when it comes to wrongful death lawsuits. You need to ensure that you have the proper documentation and evidence necessary to support your wrongful death claim. This includes medical records, police reports, witness statements, and other forms of evidence.
Step-By-Step Guide To Filing A Wrongful Death Lawsuit In Florida Without A Lawyer
Wrongful death lawsuits in Florida require a great deal of legal knowledge, experience and resources. It is highly recommended you seek the help of an experienced wrongful death lawyer to handle your wrongful death claim. However, if you are considering handling your wrongful death case without legal representation, there are certain steps that must be taken:
Determine Your Eligibility To File A Lawsuit
If you have lost a loved one due to another person’s negligence or wrongful act, you may be eligible to file a wrongful death lawsuit in Florida. According to Florida Statute 76.06, those who are eligible to file a wrongful death lawsuit include the surviving spouse of the decedent, parents of the decedent, children of the decedent, and any other blood relative or adoptive sibling who partially or wholly depended on the decedent for support or services.
How To Gather Important Evidence To Support Your Claim
Such a lawsuit can provide justice and financial support for your family, but it also requires substantial evidence to secure a successful outcome. As such, gathering as much evidence as possible is essential. This can include but is not limited to, medical records, accident reports, and witness statements. You’ll also have to preserve this evidence.
How To Draft & File A Formal Complaint In Florida
After you have gathered all the necessary evidence, it is time to draft a formal complaint. This document should include all of the relevant facts surrounding your case, including when and where the death occurred, who was responsible for the act in question, and how it caused the death of your loved one. Once this document has been created and signed off on by all of the necessary parties, you can file it with the appropriate court in Florida.
Officially Serving The Defendant
The final step in filing a wrongful death lawsuit is to notify the defendant of the lawsuit and to serve them the formal complaint. This should be done by an independent third party, such as a sheriff or process server, who will present the defendant with the legal paperwork.
What You Absolutely Need To Know About The Discovery Process
The discovery process is the legal procedure for exchanging information between both parties. This includes interrogatories, requests for documents, and depositions. During this process, a lawyer will be able to gather more evidence in support of your claim and prepare you for trial.
Navigating A Trial Without An Attorney Supporting You
If a settlement is not reached, a trial will be held to determine liability and damages. If you have elected to take on your wrongful death case without the help of an attorney, it is important that you are aware of all the legal proceedings that may take place during a trial. This includes understanding relevant laws and regulations as well as preparing for cross-examination and presenting evidence in court. Without proper preparation, you could risk damaging your case and the chances of receiving just compensation.
The Benefits Of Hiring A Trial Lawyer For A Wrongful Death Lawsuit In Florida
If you are considering taking legal action by filing a wrongful death lawsuit in Florida, hiring a trial lawyer with extensive experience in this type of case is key to making sure you get justice.
The Deep Legal Expertise That You Really Need For Wrongful Death Claims
A wrongful death lawyer will offer in-depth expertise and knowledge of the legal system, allowing you to focus on your family during this difficult time. They will also have a solid understanding of state laws that may affect your outcome, as well as an extensive network of resources which they can draw upon to build a strong case. Additionally, a wrongful death lawyer will be able to provide sound legal advice throughout the course of the lawsuit.
Experience Gathering And Preserving Evidence
The right wrongful death lawyer will also have a great deal of experience when it comes to gathering and preserving evidence. They will know the types of evidence that are necessary and how to best obtain them. Effectively collecting and presenting evidence to support the claim is the key to any successful wrongful death lawsuit. In Florida, this includes gathering official reports, witness statements, medical records and autopsy results, photographs, audio/video recordings, and any other form of evidence that is relevant to the case.
Knowledge Of Settlement Negotiations
A wrongful death lawyer will be able to provide valuable advice during settlement negotiations. They will know the typical range of expected settlements for cases like yours and what is likely to be an acceptable resolution in court. An experienced wrongful death lawyer will be able to skillfully negotiate with the defendant to reach a fair settlement.
Skilled Representation During Your Wrongful Death Trial
If a settlement is not reached, an experienced wrongful death lawyer will be able to competently represent you during trial in front of a judge and jury. They will know how to present your case in a manner that maximizes the chances of receiving just compensation and justice for your loved one.
Call Herman & Wells For A Free Wrongful Death Consultation
If you are considering filing a wrongful death lawsuit in Florida, it is important to find the right lawyer to help you get the justice you deserve. A skilled wrongful death lawyer will have extensive experience gathering evidence, negotiating settlements and representing you during court proceedings. With their deep knowledge of the legal system, they will be well-positioned to ensure that you have the best chance of obtaining a favorable outcome for your case.
The attorneys at Herman & Wells understand the complexities of wrongful death lawsuits in Florida and they possess the knowledge, experience, and resources necessary to build a strong case and get you the justice you deserve. Contact us today to learn more about how we can help with your wrongful death lawsuit. Call us now at (727) 821-3195 to schedule a free consultation. We look forward to hearing from you!