Steps in a Wrongful Death Lawsuit

August 27, 2021 | By Frankl Kominsky Injury Lawyers
Steps in a Wrongful Death Lawsuit Dealing with the aftermath of a wrongful death can be devastating for surviving relatives and family friends. Besides the emotional trauma that may come with the unexpected loss of a loved one, surviving family members are often left to deal with expensive medical bills, costly funeral and burial expenses, loss of future wages, and significant property damage in some cases.  This is why it is important to take certain necessary steps after losing a loved one in an accident that was the result of another’s negligence. Having a quality Miami wrongful death law firm on your side could help you take these steps, so you can pursue the correct amount of compensation you may legally deserve to cover any financial losses related to the premature death of your loved one.  If you need legal assistance with your wrongful death claim, contact Frankl Kominsky Injury Lawyers today to schedule a cost-free, initial claim review. Our phone lines are open 24/7, so you can give us a call any time at (561) 609-1948. Read on to learn more about what you should do after experiencing the loss of a loved one in an accident that could have been prevented. Taking these steps could help increase your chances of obtaining the full and fair amount of compensation you may deserve. 

Steps You Should Take After Experiencing a Wrongful Death

Losing a loved one unexpectedly can understandably leave surviving family members in a state of shock and not knowing what to do next. However, it is critical to remain calm and take these steps if you lost a loved one in an accident that was the result of another’s negligence: Step 1. Report the Accident  The first thing you should do after experiencing the loss of a loved one in a wrongful death accident is report the incident to the police. Be sure to obtain a copy of the police report, as this could be crucial to the outcome of your wrongful death claim. Having an officer document the details of the accident could add significant credibility to your claim, which can greatly improve your chances of obtaining the full amount of compensation you may need to cover your damages. Step 2. Gather Evidence If you are able to go to the accident scene, it is critical to gather as much evidence as possible that may help prove how it occurred. We recommend taking photos and videos of the scene, including preserving any other pieces of evidence, such as a damaged vehicle, torn or bloodied clothing, and/or other damaged property. Be sure to look around and check for any traffic or security cameras that may have captured the accident in real-time, as it happened. Your lawyer may be able to obtain a copy of the footage on your behalf. Step 3. Obtain Medical Documentation If the deceased victim had medical reports and bills related to the accident, we recommend keeping copies for your own records. Having medical documentation of the deceased victim’s injuries, including obtaining a copy of the death certificate, is crucial evidence you and your attorney can submit when proving a wrongful death claim. If your claim is successful, you could recover medical expenses related to the incident.  Step 4. Know the Statute of Limitations Knowing the statute of limitations is one of the most important steps you can take after experiencing the wrongful death of a loved one. The statute of limitations in Florida is usually two years from the date of the death, depending on the details of the situation. This means surviving family members must file their wrongful death claim within the two-year period to become eligible for financial compensation. If you fail to submit your claim on time, it could be denied by the court. Keep in mind that some wrongful death claims may be due much sooner while other situations may extend or pause the statute of limitations, depending on the circumstances at hand. This is why it is crucial to speak with a licensed attorney as soon as possible.  Step 5. Get in Touch With an Attorney Discussing your wrongful death claim with an accomplished wrongful death lawyer in Palm Springs from our firm is highly recommended before you decide to settle your case with the insurance companies involved. Keep in mind that insurers will do just about anything to find ways to lower the value of your claim. They are in the business of saving money, as opposed to spending it on huge payouts. This is why you should refrain from divulging too much information regarding the case to insurers before speaking with a licensed wrongful death attorney. Having an experienced attorney investigate and review the details of your case will help ensure your rights to seek the full and fair amount of compensation are protected. If your claim is viable, a diligent attorney can accurately assess your damages and negotiate with insurers on your behalf to help you pursue the funds you may rightfully deserve.  Filing a successful wrongful death claim can often be complex without the help of a knowledgeable legal professional. You will want to hire an attorney who has experience working with cases similar to yours. Surviving family members who hire an attorney to represent their wrongful death claim usually obtain larger compensation settlements when compared to individuals that choose to represent themselves. At the law firm of Frankl Kominsky Injury Lawyers, our staff of legal professionals is available to listen to the details of your wrongful death claim in a no-cost, initial consultation. There is no obligation to hire our firm for legal representation and you can have the process started from the comfort of your own home by giving us a call or by chatting with one of our friendly online representatives. You can also choose to fill out a free claim evaluation form and one of our legal professionals will reach out to you. Our distinguished attorneys have over 40 years of combined legal experience, which includes cases involving accidents resulting in wrongful deaths. We have handled more than 6,000 cases combined, while amassing over 600-plus five-star reviews that illustrate how hard we work for our clients.  The law office of Frankl Kominsky Injury Lawyers is proud to represent the Boca Raton community (by appointment) as we seek to help our clients hold negligent parties liable for their wrongdoings. Our compassionate lawyers understand the emotional pain and suffering surviving family members and friends must endure after losing a loved one in a premature death. This is why our dedicated lawyers never settle for less when helping our clients fight for their legal rights. Call Frankl Kominsky Injury Lawyers today at (561) 800-8000 or fill out a free online form to get started.

Legally Reviewed By: Steven L. Frankl

Steven L. Frankl represents clients in cases of catastrophic injury, wrongful death, motor vehicle accidents, trucking accidents, medical malpractice, and product liability, as well as slip/trip fall accidents and nursing home neglect. Mr. Frankl’s practice is built on the pursuit of justice and fair compensation for his clients.

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