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) 350-1944 if you’d like to speak to an attorney regarding your wrongful death claim.

A Floridian involved in a motorcycle accident fills out their injury claim form.

The Cliff Notes: Key Takeaways From This Post

  • 1
    It is possible to file a wrongful death lawsuit on your own in Florida.
  • 2
    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.
  • 3
    Evidence such as medical records, police reports, witness statements, and more must be gathered to support your claim.
  • 4
    Proof of intent or negligence does not have to be provided but can increase the chances of success.
  • 5
    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.
  • 6
    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.

Court Scheduling And Backlog

The Florida court system has a backlog of cases due to the sheer number of cases filed each year. This can affect the amount of time it takes for wrongful death lawsuits to be heard in court, as there are only so many available days on the court’s calendar.

Settlement Negotiations

If the defendant and plaintiff are able to come to a settlement agreement without going to court, this can speed up the process dramatically. An experienced attorney with real trial experience may be able to reach an out-of-court settlement that meets the needs of both parties in a fraction of the time it would take for a court case.

A Floridian involved in a motorcycle accident fills out their injury claim form.