Losing a loved one due to another party’s actions brings deep pain and confusion, especially when you must also consider your legal rights. Filing a wrongful death claim in Florida presents unique challenges, and simple mistakes can interfere with your chances for justice. The process involves strict deadlines, careful communication with insurers, and the need for clear documentation. Knowing what pitfalls to avoid is crucial for any family navigating this difficult path. By understanding these common mistakes and how to sidestep them, you can better protect your family’s future and honor your loved one’s memory.
Who Can File a Wrongful Death Claim in Florida?
Florida wrongful death law allows certain family members to seek compensation for losses after a preventable death, but the claim process includes unique provisions. Only the personal representative named in the deceased person's estate can file a wrongful death lawsuit. This personal representative acts for all eligible survivors.
Survivors who can recover compensation in a wrongful death lawsuit include:
- Spouse
- Children
- Parents
- Other blood relatives or adopted siblings who depended on the deceased for support or services
What Are the Most Common Mistakes in Wrongful Death Claims & How Do They Affect Your Case?
Families dealing with the loss of a loved one frequently encounter pitfalls that can seriously limit or derail their claim.
Speaking With Insurance Adjusters Without Legal Guidance
One major mistake involves discussing claim details or liability issues directly with insurance adjusters. Adjusters often ask loaded questions or seek recorded statements early on, and any information shared can limit potential compensation or even damage the ability to prove responsibility. Simple statements about how you are feeling or financial circumstances may be used against you, so it’s essential to handle these interactions cautiously.
Accepting Early Settlement Offers
Another frequent problem stems from accepting early settlement offers before understanding the full value of your claim. Insurance companies often offer what seems like a generous payment soon after the loss, but these settlements typically do not reflect the true long-term costs of losing a loved one, such as ongoing lost income, future support, or lifelong emotional trauma. Once you accept a settlement and sign a release, you usually cannot pursue additional compensation, even if you discover new expenses or damages later on.
Missing Deadlines & Making Procedural Errors
Missing key deadlines or making procedural errors can also undermine your case. Florida’s wrongful death system demands timely responses, organized documentation, and careful compliance with all requirements. Failing to keep detailed records of conversations, expenses, or communications with opposing parties puts your claim at risk. Organizing your paperwork early and following a clear plan for evidence preservation helps avoid costly missteps during this stressful period.
How Strict Florida Wrongful Death Deadlines Can Limit or Eliminate Your Claim
Florida sets a two-year statute of limitations for wrongful death actions, starting from the date of death. No matter how clear it is that someone else’s negligence caused the death, courts will usually dismiss any case filed after this window closes. Families should not delay in gathering needed documents and formally starting the process to ensure their rights remain protected.
Keep track of all important dates from the beginning, including notifications from insurance companies, dates of medical treatment, or the deceased person’s passing. Organize your documents, calendar key milestones, and consult a wrongful death attorney as early as possible. Families who act quickly have a much better chance of avoiding a lost opportunity for justice and compensation.
Essential Evidence for a Wrongful Death Claim: How to Secure & Preserve It
The strength of a wrongful death claim relies on gathering and preserving a range of evidence, starting immediately after the loss.
Key documentation includes:
- Complete medical records
- Autopsy reports
- Accident or police reports
- Photographs and videos
These materials build the foundation for your case, showing both what happened and why another party holds responsibility. Delays in collecting this evidence risk losing critical details that can be essential at trial or during negotiations.
Witness statements are another crucial component of a strong wrongful death claim in Florida. Memories fade quickly, and the longer your family waits to contact or interview witnesses, the more difficult it becomes to obtain reliable statements. Get written accounts, with contact information included, from anyone who saw the events leading up to the death or who has knowledge of the circumstances surrounding it.
Economic documentation is often overlooked but can significantly impact the total claim value. Records of past and present income, tax documents, and receipts for medical or funeral expenses help quantify financial losses, supporting claims for lost support and future earnings. Keep copies of communications with employers, banks, and insurers in a safe location. Organized files and a tracking system for every piece of evidence improve your ability to recover fair compensation and demonstrate the true extent of your losses.
Why Families Undervalue Wrongful Death Claims & Overlook Key Damages
Families may settle for less than they deserve simply because they do not understand the full range of damages available under Florida’s wrongful death law. The state allows compensation beyond just final medical bills and funeral costs.
Compensation for wrongful death also accounts for:
- Lost earnings
- Pain and suffering
- Loss of companionship
Minor children, dependent parents, and spouses frequently may miss out on sizable compensation if their claims are not properly valued with these projections included.
Journaling emotional changes, gathering records from therapists or counselors, and obtaining letters that document the impact of the loss on day-to-day life can all strengthen claims for non-economic damages. Taking the time to fully document these areas can help families achieve a result that truly addresses the real costs of losing a loved one.
Why Partnering with a Florida Wrongful Death Attorney Improves Outcomes for Families
Handling a wrongful death case without legal counsel in Florida greatly increases the risk of mistakes, missed claims, or lost opportunities. The complexity of Florida wrongful death statutes, the strict court deadlines, and the strategies used by insurers to minimize payments require careful guidance. Attorneys structure the claim process, identify and secure admissible evidence, guard client rights, and ensure deadlines are met. This level of support can make a meaningful difference in both outcome and peace of mind.
For more than 23 years, Milles Law has built a reputation for guiding families through the complexities of wrongful death claims. Clients benefit from a thorough, methodical process aimed at eliminating common errors families face during a wrongful death claim.
By tailoring our approach to fit each client’s circumstances, our firm helps avoid missteps with deadlines, documentation, or insurance negotiations, providing needed reassurance during one of life’s most difficult transitions.
If your family is considering a wrongful death claim in Florida, reaching out to Milles Law at (855) 553-3310 can give you the support and information needed to move forward with greater confidence. We offer free consultations.