When the unimaginable happens and you must deal with the loss of a loved one due to someone else’s negligence, it can be confusing and devastating.
One common cause of wrongful death is negligent driving. Unfortunately, negligent driving is often entirely preventable, which can make the loss of a loved one even harder. While you may not have the capacity to think about legal matters during this time of grief, seeking compensation after a wrongful death can help protect your financial interests.
Filing a wrongful death claim
In this overwhelming time, you might be numb to thoughts outside of your loss. But it’s crucial that you take steps to secure your future. Here are just three steps you need to remember when building a wrongful death claim:
- Appoint a personal representative — In many states, the personal representative named in the victim’s will has the responsibility to file the claim. Florida law also abides by this requirement. If there is no personal representative or estate plan, usually the victim’s spouse may serve. Otherwise, a Florida court can appoint one.
- Find proof of negligence — You will need substantial evidence that the driver was responsible for your loved one’s death. You can use police reports, accident eyewitnesses and other accident-related details to prove the validity of your claim. Driving under the influence of alcohol or drugs is a common cause of negligent driving, so keep an eye out for details that suggest negligence such as this.
- Gather and file documents — To receive compensation, you will need to file documents such as death certificates, autopsy reports and medical records. Providing documents like tax returns can be beneficial to demonstrate how your loved one’s loss will affect your financial situation.
Don’t wait to seek compensation
You need time and space to mourn the loss of your loved one. However, you may have a limited time to file a wrongful death claim. In Florida, you must file your claim within two years of your loved one’s passing.
Although it can be difficult to grapple with the sorrow and frustration of your situation, don’t hesitate to take action. However challenging it may be, seeking compensation as soon as possible can help protect your family’s future.
A knowledgeable personal injury attorney may be able to help you figure out the details of your claim and guide you through this difficult time. They can answer your questions and help you fight for the compensation you and your family need.