What to Do After a Loved One's Death: First Legal Steps

Losing a loved one to someone else's negligence is devastating, and the last thing any family wants to think about is legal deadlines. Still, a few early steps matter for protecting your family's rights.

In the first hours and days

Let police and medical examiners document everything

If the death resulted from an accident or under suspicious circumstances, police and medical examiner reports become critical evidence later, so it helps to know that these records exist and can be requested.

Preserve what evidence you can

• Photos of the scene, if accessible
• Contact information for any witnesses
• Medical records and treatment documents
• Any written statements from witnesses or first responders

Avoid direct contact with the at-fault party

It is best not to speak with the responsible party, their insurance company, or their attorney directly. A wrongful death attorney can handle all communication on your family's behalf.

Within the first one to two weeks

An attorney can send preservation letters to protect evidence, begin a thorough investigation, identify all potentially liable parties, and handle communication with insurance companies — all while your family focuses on grieving.

Understanding the timeline

Florida generally allows two years from the date of death to file a wrongful death claim, but investigation is strongest when it begins early, while evidence still exists and memories are fresh.