You are currently viewing Common Myths About Wrongful Death Cases

Common Myths About Wrongful Death Cases

Wrongful Death Attorney

Losing a loved one can be especially heartbreaking if the death resulted from someone else’s negligence. Although nothing can make up for the immense loss you have experienced, filing a lawsuit against the negligent party may take some of the financial burden away. If you plan to pursue compensation for your family member’s death, it is important to know all the facts.

Here are some common myths about wrongful death cases.

Wrongful Death Lawsuits Are Solely About Money.

This is one of the most common myths about wrongful death cases. While it is true that survivors do want to receive monetary compensation for their loved one’s death, a wrongful death serves other purposes too. It can hold negligent parties accountable for their actions and right a wrong. For example, if your loved one was killed in a truck accident caused by an inexperienced truck driver, filing a lawsuit could force a trucking company to improve their hiring practices.

If It Was an Accident, I Can’t Pursue Compensation.

Many wrongful deaths result from an accident. That does not mean that family members of the deceased don’t have a viable lawsuit. As the legal professionals at David & Philpot, P.I. can confirm, intent is not a factor considered in wrongful death cases. For example, if your loved one was killed in a car accident caused by a distracted driver, you can still pursue compensation. Likewise, if your family member died during a surgical procedure that was due to the surgeon’s negligence, you can file a wrongful death lawsuit.

I Can File a Wrongful Death Claim At Any Time.

Losing a loved one is tough, so it is understandable that you need some time to grieve. However, if you want to pursue compensation for your family member’s death, you should be aware of the deadline to file a claim. In Florida, the statute of limitations to file a wrongful death lawsuit is two years from the date of death. After that deadline has passed, you will not be eligible to receive compensation anymore.

If the Deceased Had Life Insurance, It Isn’t Necessary to File a Lawsuit.

If your family member had a life insurance policy, it may help cover some of the costs that resulted from the death, such as funeral and burial expenses. However, it might not cover all of your losses, such as lost future income and emotional distress. That is why it is beneficial to also file a wrongful death lawsuit. 

I Don’t Need a Wrongful Death Attorney.

Wrongful death cases are quite complex, so you do not want to handle yours on your own. It is wise to have an experienced wrongful death attorney on your side. An attorney will know the true value of your case and help you go after the compensation you deserve. He or she will handle the legwork, including negotiating with the insurance company, so you can concentrate on taking care of yourself and your family.

Schedule a consultation with a wrongful death attorney today.