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The Top Three Myths About Wrongful Death Claims


Wrongful death claims may be the most tragic of all civil lawsuits. Quite often, the surviving family members and close friends of a person who has been killed by another person’s negligence or wrongful act is a hard pill to swallow, especially if it could have been easily prevented. 

Said survivors are usually occupied with an onslaught of personal matters to attend to, such as notifying family and friends, making funeral arrangements, dealing with a barrage of phone calls or visits from sympathetic well-wishers, and handling any work issues or other unfinished tasks that had been undertaken by the deceased person, to say nothing of the grieving process.

The last thing survivors want to deal with is insurance and legal claims. Accordingly, if a loved one has been killed in an accident that was someone else’s fault, let an experienced Florida wrongful death attorney at Searcy Denney help you with your insurance and legal claims so that you can focus on these other tasks and grieve appropriately.

About Wrongful Death Claims in Florida

In Florida, the law governing wrongful death can be found in the “Florida Wrongful Death Act,” Florida Statutes Sections 768.16-768.26, (the “Act”). The Act, in Section 768.19, states that a wrongful death has occurred when the death of a person is caused by:

  • The wrongful act
  • Negligence
  • Default
  • Breach of contract or warranty

In practical terms, if the elements of a personal injury claim are met yet the result is death instead of an injury, a wrongful death claim may be brought.

What Are the Most Common Myths Surrounding Wrongful Death Claims?

There are many myths surrounding wrongful death claims, and among the most common are these three:

Life Insurance is a Substitute for a Wrongful Death Claim

Life insurance plans are designed for specific individuals, and not all are the same. Insurance companies are experts at finding ways to deny or delay a claim, or to offer an undervalued settlement. Even when a claim is paid, it may not be enough to cover all losses such as lost future income. 

In these situations, the life insurance payout can be helpful alongside a wrongful death settlement. It is critical to speak with a Florida wrongful death attorney at Searcy Denney before even speaking to an insurance company.

I Can’t File a Wrongful Death Claim is the Death was Caused By an Accident

Intent makes no difference in a wrongful death claim. In fact, most wrongful death claims arise from motor vehicle accidents. Whether the death was caused by an accident or an intentional act, a wrongful death claim may be available to you. Responsible parties must be held accountable for their actions, and could possibly save other lives in the future.

I Can’t Afford a Wrongful Death Lawsuit

Searcy Denney works on a contingency fee basis, which means you pay nothing unless and until you recover compensation from either a favorable settlement or a successful trial verdict.

If a Loved One Has Been Killed by the Negligence or Wrongful Act of Another, Contact a Florida Wrongful Death Attorney  

The loss of a loved one can be catastrophic and tragic. At Searcy Denney, we’ll treat you with compassion and understanding, and we’ll aggressively treat your insurance and legal claims with efficiency. Contact a Florida wrongful death attorney to schedule your free consultation.

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"Nick DeBellis obtained the maximum recovery of full insurance limits in the case we worked on. He is a true professional and recommend him to anyone in South Florida."
Posted By: Michael Geoffroy