If you have found yourself here, chances are you or someone you love is going through the pain of losing a family member due to someone else’s carelessness. First, please know that you are not alone. We understand the confusion, worry, and heartache that come after such a terrible event. Many families are not just dealing with loss—they are also trying to make sense of their legal options. This can be overwhelming, especially when emotions are high and time feels short. That’s why we want to help guide you through what matters most when it comes to avoiding problems in wrongful death claims in Florida. We want you to have a fair shot at justice and to get the support your family deserves.
Franklin Domenech, Esq.
Attorney - Partner
William Alexander Corzo, Esq.
Attorney - Of Counsel
Understanding What a Wrongful Death Claim Is
A wrongful death claim happens when someone dies because another person or company was careless or did something wrong. These claims help the family members of the person who passed away get money to cover things like funeral costs, lost income, and the pain of losing someone close. In Florida, the law allows certain family members, like spouses, children, and sometimes parents, to make a wrongful death claim. The person who officially brings the case is usually the one named as the personal representative of the estate. Knowing who can bring the case is very important because if the wrong person tries to file, the court may not accept it.
Waiting Too Long to File the Claim
One of the biggest problems people face is waiting too long to take legal action. In Florida, you usually have two years from the date of death to file a wrongful death lawsuit. This time limit is very strict, and if you miss it, you could lose your right to seek justice forever. It can be hard to think about legal steps when you’re grieving, but reaching out to someone early can protect your chances of a successful case. Time also affects how well evidence can be gathered. The longer you wait, the harder it can be to find witnesses or documents that support your case.
Highly recommend victory law firm they've been nothing but great and and very presentable if you want to win a case I definitely I give it 5 stars”
- Yari Yes
Mr. Domenech, Mr. Leon, Miss. Katerina helped me and my family tremendously. They are knowledgeable, professional, laways available and most importantly care about their clients, I would recommend them 100% and more. Endlessly grateful."
- Llubikza Kairuz
Attorney William Corzo did an excellent job in assisting me with my car accident case. He was thorough and professional and the outcome was great- would definitely recommend him."
- Patrick Dollar
Not Keeping Evidence or Records
Another common issue is not keeping important records. After a loved one passes away, families may be focused on funeral plans and healing emotionally. But it’s also important to hold on to things like medical bills, police reports, and other paperwork. Even small details—like a note written about what someone saw or photos taken at the scene—can help. In Florida, wrongful death cases rely on strong proof that someone else caused the death. Without good records, it may be hard to prove who was at fault and how your family was affected.
Choosing the Wrong Person to Represent the Estate
Florida law says that the wrongful death lawsuit has to be brought by the estate’s personal representative. This person is usually named in the will, but if there is no will, the court appoints someone. Picking the wrong person can create delays and confusion. If there is conflict among family members or if the chosen person doesn’t act fast, the whole case could fall apart. It’s important for the personal representative to be someone who is responsible, honest, and willing to work with others to move the case forward.
Settling Too Soon Without Understanding the Value of the Case
Some families feel pressure to settle quickly, especially if money is tight after the loss. Insurance companies often reach out early with a settlement offer. It may sound helpful, but these offers are usually far lower than what the case is really worth. Once you accept an offer, you can’t go back later and ask for more. Families need to understand all the costs that come with the loss—things like future lost income, emotional suffering, and care for dependents. Getting the full picture takes time, and rushing into a settlement can mean losing out on the support your family truly needs.
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Letting Emotions Get in the Way of Decisions
Losing someone you love is deeply emotional, and that’s normal. But emotions can sometimes lead to decisions that are not helpful. Some people may want to sue right away out of anger. Others may want to avoid anything legal because it’s too painful to deal with. Both paths can lead to trouble. Florida’s laws are clear, and they do not wait for feelings to settle down. Taking a calm and informed approach, with someone to help explain the legal steps, can make sure your decisions are smart and focused on your family’s future.
Trying to Handle the Case Without Help
It may seem like handling the claim on your own will save money, but wrongful death cases are not simple. Florida has many rules about who can sue, what damages can be claimed, and how to prove fault. There are also strict deadlines and legal forms that must be done right. If any part is done wrong, the case could be thrown out. Families often find that what looked easy at first becomes confusing very quickly. Having someone with the right knowledge can make a big difference and prevent costly mistakes.
Serious Results
Not Understanding What Compensation You Can Get
In Florida, wrongful death claims can include money for many different losses. These include medical bills, funeral costs, the loss of future income, emotional pain, and even the loss of companionship. Some families do not realize they are allowed to ask for more than just out-of-pocket costs. Others are not aware of what future losses may look like, such as lost wages or the care that a parent would have given to children. Knowing what is allowed can help make sure the family asks for everything they deserve.
Not Preparing for the Long Process
Many people think that these claims will be resolved quickly, but the truth is they often take time. Some settle early, but many go on for months or even years. The legal process includes collecting evidence, dealing with insurance companies, going to court if needed, and waiting for decisions. Families should be prepared for this to take time and should not give up if things move slowly. Patience is important, and so is having the right support to keep things on track.
Not Asking Questions or Staying Informed
Some families feel afraid or unsure about asking questions. But understanding what’s going on is your right. You should always know where your case stands and what steps are next. Good communication is key. If you feel like you don’t understand something, speak up. Being informed helps you make better decisions and keeps you from feeling lost in the process.
If your family is going through a loss and you believe it may be due to someone’s carelessness or wrongful act, we are here to help you figure out the next steps. This is a difficult time, and you shouldn’t have to handle it alone. Our team at Victory Law Firm P.A. is here to guide you through each step of your wrongful death claim in Florida. We are committed to helping families like yours avoid the mistakes that can get in the way of justice. We will help you protect your rights and pursue the results you deserve. Reach out to us today so we can talk about your situation and how we may help.