5 Myths Of Wrongful Death Claims
Michael Babboni
Car Accidents
After you have had a loved one die, it is crucial to allow yourself the necessary time to heal. However, if their death was due to unjust causes, this may only be the beginning of a complicated and emotionally draining court case. During this sensitive time, going to court is the last thing you need. Yet, it is also exactly what you need to do to get the financial compensation required to heal and allow you to afford any bills that may have been left behind by your loved one.It is unlikely that you are anywhere close to being an expert on how to go about seeking legal help after this trying time. Which means that during what should be your chance to heal, you are instead confronted with complicated laws, stingy insurance companies, and more. That is why you need to be able to discern the myths from the facts when it comes to wrongful death law so you can avoid more heartache and get any financial help you may require during this time.
MYTH 1: Any Relative Can File A Wrongful Death Claim
Frequently, there is some confusion about who exactly is eligible to file a wrongful death case. This can vary a bit from state to state. In Florida, the law requires the personal representative of the deceased person’s estate to file the wrongful death claim. This personal representative may be named in the deceased person’s will or estate plan. If there is no will or estate plan to look to, the personal representative will be appointed by the court.
MYTH 2: There Is No Time Limit On When You File
Each state has its own time limits for your right to go to court and file a wrongful death lawsuit. For Florida, it must be filed within four years of the date of death. The deadline may only be postponed under a few specific circumstances. A lawyer will know if your case is worth pursuing if the four year time limit is up. That aside, it is always best to file as soon as possible. Any long amount of hesitation can look suspicious to the court without proper cause.
MYTH 3: Only Claims Concerning Calculated Deaths Can Receive Compensation
Though wrongful death is commonly the result of circumstances such as car accidents or product liability, there are several factors that go into deciding the outcome of a claim. Whether this act was intentional or inadvertently committed by this third party, it does not automatically determine if compensation is awarded or not.
MYTH 4: The Insurance Company Will Take Care Of Everything
Several people wrongfully assume that the insurance company will gladly take care of all the expenses involved in the untimely death of their loved one. However, in reality a family should be prepared in case their case claim is denied and the insurance company insists the incident was never covered by their policy. Dealing with the insurance company, especially during such a painful time in your life, can leave you with a huge headache and without the settlement you deserve.
MYTH 5: You Don’t Need The Help Of A Wrongful Death Lawyer
In this painful period of your life, the last thing you should be doing is facing it alone. With an experienced lawyer by your side, you can feel a weight lifted off your shoulders as they assist you with all areas of the process. Your grief aside, the complex laws surrounding wrongful death are not easy to understand even when you aren’t grieving and it is likely that this third party will have a lawyer of their own. However, a lawyer is well versed in these laws and have a better understanding on how to use them in your favor.
If you live in or near the Petersburg, Florida area and had a loved one die due to unjust circumstances, don’t hesitate to contact us for assistance. We know this is a difficult time in your life and we are dedicated to helping you get through the process as smoothly as possible while still getting the financial compensation you need to recover properly. Contact us today for a free case review and learn more about how we can help you get justice.