If you’ve lost a loved one too soon and a corporation is to blame, it can be hard to accept what has happened. Far too often, corporations put their profits before people’s safety—whether this means selling dangerous products, ignoring the need for maintenance or repairs, or forcing their drivers to spend too many hours behind the wheel. The only solace for families in this situation is that corporations can be held legally accountable, and holding them accountable starts with hiring a Florida accident lawyer to file a wrongful death claim on your family’s behalf.
5 Key Legal Considerations for Families Coping with a Loved One’s Wrongful Death
When you hire a Florida accident lawyer to file a wrongful death claim, your lawyer will assess all potential grounds for seeking just compensation on your family’s behalf. Your lawyer will also walk you through the process of filing a wrongful death claim and explain what you can expect during (and after) the process. While there are unique aspects to every family’s circumstances, the following are some of the key considerations for protecting your family’s legal rights:
1. Filing a Wrongful Death Claim Starts with Identifying the Corporation that is Responsible
Filing a wrongful death claim against a corporation in Florida starts with identifying the corporation that is responsible for your loved one’s untimely passing. While this can be fairly straightforward in some cases, it is often easier said than done.
This is one of the first areas in which an experienced Florida accident lawyer can help. By conducting a comprehensive investigation, your lawyer can identify the corporation that is to blame for your family member’s death. While this might involve conducting an on-scene investigation or examining the vehicles or property involved, it might also involve obtaining internal corporate records and other forms of documentation. The key is to preserve the available evidence before it disappears—which is one reason why it is important to speak with a lawyer as soon after a fatal accident or incident as possible.
2. Even After a Wrongful Death, Corporations Will Still Put Their Profits First
Even after a wrongful death, corporations will still put their profits first. Unfortunately, no matter what happened, you should not expect the corporation that is responsible for your loved one’s death to do the right thing. You will need to be proactive about asserting your legal rights, and you will need to hire an experienced Florida accident lawyer who can protect you and your family against the corporation’s defense tactics.
3. You Can (and Should) Rely on Your Florida Accident Lawyer to Seek Accountability on Your Family’s Behalf
When you hire a Florida accident lawyer to represent your family, you can (and should) rely on your lawyer to seek accountability on your family’s behalf. To do so, your lawyer will take several steps, including (but not limited to):
- Investigating the Fatal Accident or Incident – As we mentioned above, it is important to investigate a fatal accident or incident as soon as possible. This is true whether your loved one was killed in a vehicle accident, in a maritime or aviation accident, in a product or premises-related accident, or due to medical malpractice.
- Filing Your Family’s Wrongful Death Claim – Once your lawyer investigates and identifies the corporation that is responsible for your loved one’s untimely death, your lawyer will file a wrongful death claim on your family’s behalf. While this may involve suing the corporation in court, it may also involve dealing with the corporation’s commercial liability insurer.
- Presenting Evidence of the Cause of Your Loved One’s Death – Your lawyer will use the evidence gathered during the investigative process to prove the cause of your loved one’s death. Proving “causation” is a key step in the process. If the corporation’s insurance company accepts liability, then the next step is usually to focus on settlement negotiations. If it denies liability, then it may be necessary to take your family’s case to court.
- Seeking a Just Resolution – Whether through the settlement negotiation process or at trial, your lawyer will seek a just resolution on your family’s behalf. Your lawyer will use his or her experience to establish accountability, help you make an informed decision about settlement (if a settlement offer is on the table), and prove that the corporation is liable in court if necessary.
Along with taking these steps, your lawyer will also undertake the extremely important step of determining how much your family is entitled to recover. Losing a loved one can impact the rest of your life in ways you couldn’t have previously imagined, so it is important to ensure that you are seeking the full financial resources you and your family will need for the future.
4. You Should Expect the Process to Take Time
Given all of the steps involved, you should expect the process to take time. You will need to resist the temptation to focus on resolving your family’s case quickly instead of focusing on maximizing the corporation’s financial liability. We know it can be difficult, but taking this approach will be worth it in the end.
5. While Settling May Be the Best Option, Your Family May Also Be Able to Secure More Compensation at Trial
In this same vein, a settlement offer can seem like the light at the end of the tunnel, and in some cases, it is. But, not all settlement offers are reasonable—and, as we’ve said above, corporations will put their financial interests first. If going to trial is the best option for seeking justice for your family, then rejecting an unreasonable settlement offer is the right thing to do.
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