No Recovery, You Owe Us Nothing
Losing a loved one triggers shock, sadness and sorrow, but creditors do not care that you are grieving. During this difficult time, your income may diminish as your bills mount. Unjustly, many of the bills may have resulted from the fatal accident itself. A wrongful death lawsuit can help you meet the financial challenges you face in the aftermath of your family member’s death, while also bringing closure and a sense of justice to the devastating event.
Searcy Denney has helped families like yours for more than 40 years. Our lawyers recognize the heartache and pain you are experiencing. We show your family compassion, respect and privacy as we pursue the person or corporation responsible for your loved one’s death.
In Florida, the personal representative of the deceased person’s estate is responsible for filing a wrongful death claim on the surviving relatives’ behalf. Your loved one likely named a personal representative in his or her will. The court will appoint a personal representative if your loved one left no will.
All money recovered in the wrongful death lawsuit goes to the estate to be distributed to the appropriate beneficiaries. The heirs who have standing to recover proceeds from a wrongful death claim include:
The underlying personal injury claim is the foundation for a wrongful death claim. To prevail, you must therefore prove all of the elements of a wrongful death claim and that the accident directly caused your loved one’s death.
While you mourn the loss of your loved one, a lawsuit is likely the last thing on your mind. However, a timely filing is crucial to your case. First, Florida law imposes a statute of limitations. Generally, the deadline is two years from the date of death. However, this deadline may be longer in some cases, for example if death was ruled a homicide or if fraud and deception was employed to cover up the cause of death.
Our Florida wrongful death attorneys urge you to seek consultation as soon as practicable. We immediately lodge an intense investigation into the cause of death to gather crucial evidence before it is lost or destroyed. Early, thorough investigation increases your chances of reaching justice for your loved one’s death.
Even if you believe you have missed the deadline for filing your claim, discuss the case with a qualified lawyer. You may still have options for recovery.
Searcy Denney has the experience and resources to effectively guide your family in a wrongful death claim. To schedule your free consultation, call our dedicated legal team at (800) 780-8607. Under our contingency fee arrangement, you do not pay us attorneys’ fees unless we recover damages for you.