Evidence in a Miami Lakes Wrongful Death Case

A Miami Lakes wrongful death case starts the minute after the person’s death. It is important to get and preserve all of the evidence and information as soon as possible to get the most accurate picture of what happened and what caused the death.

It is also critical that a knowledgeable wrongful death lawyer gets involved in the early stages to make sure that everyone is put on notice to preserve the evidence, as well as any other information that is important to handle the claim. That includes the preservation of photographs, taking pictures, doing inspections, and collecting the documents that are necessary to present the claim. En Español.

Investigating the Case

The attorney begins with the cause of the death by looking at the medical records and beginning the investigation. When the death is the result of a vehicle collision, the attorney examines the other vehicles and obtains the driving records of the people involved. When there is a workplace injury, the attorney obtains the safety records from the at-fault party.

The attorney sends letters to anyone who could have relevant information to preserve that information and evidence to be collected after a Miami Lakes wrongful death case is filed. The attorney obtains test results and anything else related to the cause of death.

Case Length

A wrongful death case can take from six months to three years on average. The case should not be rushed. The attorney obtains all of the relevant information to present the claim in the best light to the insurance carrier or the company that is responsible to obtain the best result for the victims. A case is completed once the settlement is reached and, if necessary, the court approves the settlement.

Gathering Evidence

In a wrongful death case, it is important to be as thorough as possible when gathering evidence. Specifically, the attorney obtains the medical records related to the cause of death to preserve them and make sure they are accurate. But many times, the records in a wrongful death case and a personal injury case are very similar.

Wrongful Death Action vs. Survival Action

A wrongful death claim involves the loss that the family members experience in the death of a loved one. Family members can file for emotional grief and other damages suffered such as loss of support, household assistance, and funeral expenses.

A survival action is brought by the state for the pain and suffering of the individual who died. It is a continuation of the claim they would have had for the pain and suffering and medical expenses they incurred as a result of the injury for which the damages are sought. A survival action is usually the recovery of damages for the pain and suffering of the injured party as opposed to the actual support to the family. The law usually requires a person to select one or the other action to pursue. An attorney can help an individual decide on the correct lawsuit based upon the evidence gathered in the Miami wrongful death case.

The representative of a person’s estate who did not have a will is the personal representative that is appointed by the court. Usually, a personal representative is appointed by a state court probate court judge. They provide the information to file a survivor claim in civil court or circuit court in Florida. That assumes that there is no dispute as to who personal representative should be. When there is a dispute, it must be resolved by the probate court about who the personal representative should be.