How Long Does It Take to Resolve a Wrongful Death Claim?
Depending on the circumstances, it could take several months to well over a year to resolve a wrongful death case. The duration of the proceedings depends on several factors including the strength of the available evidence, the amount of compensation being sought, and whether the insurance company is willing to cooperate.
Our Hobe Sound wrongful death lawyers will use all the resources at their disposal to shorten the proceedings so you can obtain the compensation you deserve without any unnecessary delays. Our goal is to get you fairly compensated at the earliest possible point in time. We will conduct a thorough investigation and, if necessary, consult with medical, financial, and accident reconstruction experts.
Even there seems to be a high probability of reaching a settlement, we’ll prepare for negotiations as if we’re going to trial. Our attorneys will do everything in their power to ensure your case is as strong as possible before settlement negotiations begin to minimize the chances of a dispute or complication.What Is the Statute of Limitations for Wrongful Death Lawsuits in Florida?
If you wait too long to initiate your claim, you might miss the opportunity to recover compensation. The typical statute of limitations for wrongful death lawsuits in Florida is two years from the date of death, but since there are several exceptions, you should discuss your case with an attorney to determine the deadline that applies to your particular case.What Elements Must Exist for a Wrongful Death Claim to Be Successful?
It’s easy to underestimate the complexity of a wrongful death case until you experience the proceedings firsthand. You can expect the opposing party to do everything in their power to reduce the value of your claim. Most of these cases involve an insurance company, and adjusters are well-versed in the most effective strategies to undervalue or outright deny claims.
To obtain a financial recovery, your Hobe Sound wrongful death lawyer must be able to prove liability, causation, and damages. In other words, it’s not enough to prove that the defendant was negligent or that your loved one died. You’ll need strong evidence to demonstrate how the defendant’s negligence or intentional wrongdoing was the proximate cause of your loved one’s death—with the exception of claims involving strict liability, in which case a finding of fault isn’t necessary to impose liability.
It’s not uncommon for insurance companies to shift at least part of the blame to the victim. Due to Florida’s pure comparative negligence law, the financial award in a tort claim can be reduced by the victim’s percentage of fault. If, for example, your loved one’s negligence contributed to his or her own death, this could reduce the potential value of your claim.
Even if there’s strong evidence of fault, you’ll need to demonstrate the types of damages incurred and their value. Our Hobe Sound wrongful death attorneys can perform a detailed investigation, compile evidence, and make sure your claim accounts for all potentially recoverable damages.