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Losing a loved one due to someone else’s negligence or wrongdoing is a devastating experience that no one should endure. In such difficult times, pursuing a wrongful death lawsuit can provide a sense of justice and financial support for the surviving family members. However, the legal process involved in filing a wrongful death claim in Florida can be complex and overwhelming. This is where a skilled and compassionate attorney steps in. Let’s explore how an attorney can assist you in navigating the intricacies of filing a wrongful death lawsuit, ensuring your rights are protected and that you have the best chance of obtaining the compensation you deserve. 

Steps in Pursuing a Wrongful Death Claim 

Proving a Wrongful Death Claim 

Determining the claim’s validity is the first crucial step in pursuing a wrongful death lawsuit. An experienced attorney will carefully review the circumstances surrounding the death and assess whether the claim meets the legal requirements for a wrongful death case in Florida (See FL Statute 768.19). They will consider negligence, liability, causation, and damages. This comprehensive evaluation allows your attorney to determine the strength of the claim and advise you on the most appropriate course of action. 

Gathering and Preserving Evidence 

Building a strong case requires gathering and preserving evidence that supports your claim. An experienced wrongful death attorney has the expertise to identify and collect vital evidence, including accident reports, witness statements, medical records, expert testimonies, and other relevant documentation. They will work to ensure that the evidence is properly preserved and organized to present a compelling case on your behalf. 

Identifying Liable Parties 

Determining who is responsible for the wrongful death is essential for holding the liable parties accountable. An attorney will conduct a thorough investigation to identify all potentially responsible parties, whether individuals, companies, or institutions. By pinpointing the liable parties, your attorney will help ensure that no one escapes responsibility for the actions or negligence. 

Calculating a Wrongful Death Settlement  

Wrongful death settlements encompass various aspects, including financial losses and emotional suffering. Quantifying the full extent of these damages requires meticulously evaluating factors such as medical expenses, funeral costs, lost income, loss of companionship, and emotional distress. An experienced wrongful death attorney will employ their expertise in these cases to accurately assess the damages suffered by the surviving family members and pursue an appropriate settlement on their behalf. 

Negotiating Fair Compensation 

In many cases, the responsible parties or their insurance companies may attempt to settle the wrongful death lawsuit out of court. A wrongful death attorney will leverage their negotiation skills and legal knowledge to engage in settlement and compensation discussions on your behalf. They will advocate for your rights and ensure that any settlement offer adequately reflects the full extent of your damages. Your attorney’s goal is to secure fair compensation that provides the financial support needed to help you move forward. 

Representing You in Court 

If a fair settlement cannot be reached through negotiations, your attorney will be prepared to take the matter to court. They will skillfully present your case before a judge and jury, utilizing compelling arguments, evidence, and expert testimonies. Throughout the litigation process, your attorney will advocate passionately on your behalf, aiming to secure a favorable verdict and maximum compensation for your loss. 

Filing a wrongful death lawsuit in Florida is a challenging undertaking. It requires expertise in both legal intricacies and compassionate support for grieving families. By enlisting the services of an experienced and dedicated wrongful death attorney, you can have peace of mind knowing that your case is in capable hands. When faced with the tragedy of wrongful death, seeking the assistance of an attorney is crucial to ensure that your rights are protected and your loved one’s memory is honored through the pursuit of justice. 

Hire McKyton Law Firm – Your St. Petersburg Wrongful Death Attorney

McKyton Law Firm is here to answer your questions on filing a wrongful death lawsuit and receiving compensation following the loss of your loved one. As an experienced wrongful death attorney based in St. Petersburg, Florida, McKyton Law can help you navigate this long and arduous process. Without an attorney, proving and winning a wrongful death lawsuit can be difficult. Contact McKyton Law Firm today to determine if you have a case and how we can help get it moving.