Wrongful Death

When a fatal accident occurs and a loved one is lost due to the tragic negligence of another, there are essential steps to keep in mind.

Four Steps to Remember:

  1. An investigation should take place as soon as possible.

Even if there has already been a homicide investigation, the scene should be surveyed by appropriate professionals.

  1. Review of possible witness interviews.

This should be done as soon as possible as well, while the information is still fresh.

  1. Recover any important evidence that could be lost or destroyed.

Important evidence can range from the decedent’s (the deceased person) clothing to the vehicle involved in the crash. Law enforcement will impound vehicles and keep evidence for a short period of time in a motor vehicle case. However, depending on the circumstances, they may release the car to a salvage yard and key evidence could be lost.

  1. Open an estate.

Wrongful death cases also require the opening of an estate of the decedent which can be done at the same time a wrongful death suit is filed or shortly after.  

Who can bring a wrongful death claim in Florida?

A “personal representative” of the decedent can bring a wrongful death claim. A personal representative may include:

  • Spouse

  • Domestic partner

  • Children

  • Parents

  • Anyone who will suffer financially, whether related or not