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If you have lost a loved one in a fatal accident in Port Charlotte or elsewhere in Florida, your family may be able to file a wrongful death lawsuit. In addition to providing eligible family members with financial compensation, filing a wrongful death suit ensures that the responsible party is held accountable, and it can provide the closure that family members need to move forward with everyday life.

What are the Steps Involved in a Wrongful Death Lawsuit?

Below, our Port Charlotte personal injury attorney provides a brief overview of what to do (and what to expect) when your family has a wrongful death case in Florida.

1. Hire a Law Firm to Investigate the Fatal Accident

The first step when pursuing a wrongful death suit is to hire Spivey Law Firm, Personal Injury Attorneys, P.A. to investigate your loved one’s fatal accident. Ideally, this investigation should take as soon as possible after the accident. The reason why investigating promptly is so important is because evidence can disappear, and the firm will need proof of liability to recover the financial compensation your family deserves.

2. Identify Your Loved One’s Personal Representative

Under Florida law, only the personal representative of the decedent’s (i.e., the deceased individual) estate can file a wrongful death claim. The personal representative files on behalf of the estate and eligible family members. If the suit is successful, the compensation awarded will be distributed in accordance with the decedent’s estate plan and/or Florida law.

If your loved one left an estate plan, the plan should name his or her personal representative. If your loved one had not yet prepared an estate plan before his or her death, your family will need to have a personal representative appointed through the probate process.

3. Determine Which Family Members are Eligible to Participate in the Lawsuit

Florida’s wrongful death statute identifies the family members who can participate in a lawsuit. Those who are eligible to recover compensation for a loved one’s wrongful death in Port Charlotte or elsewhere in Florida are named in The Florida Wrongful Death Act (Fla. Statutes section 768.18 through 768.21.  We are here to help survivors make a claim and determine who can recover damages under Florida law.  If you have lost a loved one or relative, you may have a substantial wrongful death claim.  

4. Calculate Each Eligible Family Member’s Present and Future Losses  

After determining which family members are eligible to participate in a wrongful death lawsuit, the next step our Port Charlotte personal injury attorney will take is to calculate each eligible family member’s recoverable losses. This includes losses incurred through the date of the lawsuit and losses reasonably anticipated in the future.

Different family members can recover different forms of compensation in wrongful death suits in Port Charlotte. For example, surviving spouses can recover compensation for the loss of the deceased individual’s companionship and protection (among other losses), while children under age 25 can recover compensation for the loss of parental companionship, instruction and guidance (among other losses). The decedent’s personal representative must work closely with legal counsel to ensure that the family’s wrongful death suit includes all recoverable losses.

5. File Claim(s) Against the Liable Party(ies)

After investigating and identifying the family members who are eligible for compensation, the family’s law firm will need to file all appropriate claims. This could involve filing a single claim against an insurance company (such as in the case of a fatal drunk driving accident), or it could involve filing multiple claims against multiple companies.  

6. Negotiate for a Wrongful Death Settlement With Help from a Port Charlotte Personal Injury Attorney

Most successful wrongful death suits are resolved through settlement negotiations. After filing suit, the personal injury attorney will work to negotiate a settlement that fairly compensates all eligible family members.  There are many steps in handling a wrongful death personal injury lawsuit starting with an interview to create a picture of the relationship between our client and his or her departed loved one and we utilize items such as photographs and videos to create the picture.  

7. Take Your Family’s Wrongful Death Lawsuit to Court, if Necessary

There is no guarantee that a wrongful death suit will result in a settlement; and, in such instances, it will be necessary to go to court. If a fair settlement cannot be obtained, your attorney will need to be ready to present evidence and arguments to a judge or jury. It is still possible that your family’s suit could settle during the trial, but we are prepared to go to trial whenever necessary.  Our Port Charlotte wrongful death attorney represents Florida’s victims with personal contact along with aggressive representation.

Contact a Port Charlotte Personal Injury Attorney Today for Assistance

If you need to know more about the process of filing a wrongful death suit in Port Charlotte or elsewhere in Florida, we invite you to schedule a complimentary initial consultation at Spivey Law Firm, Personal Injury Attorneys, P.A. Call 941-764-7748 or contact us online to speak with attorney Randall L. Spivey about your family’s case today.