The Role of Autopsies and Forensic Evidence in Florida Wrongful Death Cases

Losing a loved one is one of the most painful experiences anyone can face. When that loss occurs unexpectedly and because of someone else’s actions or negligence, it can be even harder to bear. You may feel overwhelmed, confused, and uncertain about what steps to take next. If you are considering pursuing a wrongful death case in Florida, know that we understand the weight of what you are going through. You do not have to face this journey alone.

One of the most critical aspects of a wrongful death case is uncovering the truth about what happened. Establishing the cause of death and linking it to another party’s negligence or wrongful actions often relies on evidence. Among the most powerful tools in building a case are autopsies and forensic evidence. These methods can reveal details that may not be immediately apparent, helping to provide clarity and a path forward.

Why Autopsies Are Important in Wrongful Death Cases

An autopsy is a medical examination performed to determine the cause of death. In Florida, autopsies can play a key role in wrongful death cases by providing the scientific evidence needed to support your claims. These examinations are often conducted by a medical examiner and include a thorough review of the deceased’s body, internal organs, and tissues.

In cases of suspected wrongful death, an autopsy can help uncover critical information, such as signs of trauma, internal injuries, or evidence of poisoning. For example, if someone died after a car accident, an autopsy could reveal whether the injuries sustained in the crash were the sole cause of death. If negligence played a role, such as a defective airbag failing to deploy, this can be identified during the examination.

Autopsies are not only important for providing clarity to the family but also for creating a strong foundation for the case. The findings can support claims made in court, showing that the death was not due to natural causes or unrelated factors. In many cases, the medical examiner’s report becomes a cornerstone of the legal argument.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

The Role of Forensic Evidence in Proving Negligence

Forensic evidence refers to information gathered using scientific methods that can be used to establish facts in legal cases. In wrongful death cases, forensic evidence can take many forms. It can include blood samples, toxicology reports, DNA analysis, or even the reconstruction of an accident scene. This type of evidence is crucial for connecting the circumstances of the death to another party’s actions.

For example, in medical malpractice cases, forensic evidence might involve examining surgical tools or analyzing medication dosages to determine whether the medical provider made an error. In cases involving workplace accidents, forensic analysis of equipment can reveal whether faulty machinery or improper safety measures contributed to the fatality. This evidence can help uncover the truth, even in situations where the cause of death is not immediately obvious.

Florida courts rely heavily on this kind of information because it is unbiased and factual. By analyzing the evidence, we can identify key details that may otherwise be overlooked, ensuring that every angle of the case is considered. This process allows us to present a clear picture of what happened and who is responsible.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Linking the Evidence to Liability

One of the main goals in a wrongful death case is to establish liability. To do this, the evidence must show a direct connection between the negligent party’s actions and the death. Autopsies and forensic findings can provide that link. For instance, if a loved one died due to a defective product, the evidence might include test results showing that the product failed under normal use conditions. Similarly, in a case involving a drunk driving accident, toxicology reports and autopsy findings can confirm that the driver’s impairment caused the fatal injuries.

Florida law requires that wrongful death claims meet specific criteria. The evidence must show that the death was caused by negligence, recklessness, or intentional harm, and that the surviving family members have suffered measurable losses as a result. Autopsies and forensic evidence help meet these legal requirements by offering clear, scientific proof to back up these claims.

How Families Benefit From This Evidence

When families are grieving, the legal process can feel daunting. Having reliable evidence like autopsy findings and forensic reports can ease some of this burden. These tools help clarify what happened, allowing families to focus on healing while the legal case is handled. They also ensure that the truth is brought to light, which can provide a sense of closure.

Additionally, this evidence can strengthen the case when negotiating with insurance companies or presenting arguments in court. Insurers often challenge wrongful death claims, but solid, factual evidence makes it harder for them to deny responsibility. Families deserve justice, and presenting irrefutable evidence is a vital step in achieving that goal.

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Time is Critical in Gathering Evidence

In Florida, wrongful death claims must be filed within a specific timeframe, usually two years from the date of death. This legal deadline, known as the statute of limitations, makes it essential to act quickly. Delays can result in lost evidence or missed opportunities to gather crucial information.

Forensic evidence, in particular, can be time-sensitive. Physical evidence may degrade, witnesses may forget details, and records may become harder to obtain as time passes. By starting the process as soon as possible, we can ensure that all the necessary steps are taken to preserve and analyze the evidence.

Seeking Justice Through Compensation

Wrongful death cases are not only about holding the responsible party accountable but also about seeking compensation for the financial and emotional losses you have endured. These losses can include medical bills, funeral expenses, lost income, and the emotional pain of losing a loved one. The evidence from autopsies and forensic reports plays a key role in demonstrating the extent of these losses. By establishing the cause of death and its connection to negligence, we can build a case that reflects the full impact of your loss. This compensation is not just about financial recovery; it is about giving you the resources needed to rebuild your life.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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Facing Challenges in a Wrongful Death Case

While every case is unique, many wrongful death claims face challenges, including disputes over liability or attempts to minimize the value of a claim. Opposing parties may argue that the death was caused by unrelated factors or try to discredit the evidence. This is why it is essential to rely on strong, factual findings from autopsies and forensic analysis. These tools can address doubts and counter these challenges, ensuring that your case remains focused on the truth. With the right legal support, these challenges can be met head-on, giving you the best chance of achieving a favorable outcome.

Let Us Help You Navigate This Difficult Time

We understand that pursuing a wrongful death claim is a difficult decision. It may feel overwhelming to think about legal matters while you are grieving. That is why Serrano Law is here to support you. We are dedicated to helping families in Florida navigate these challenging cases with compassion and determination.

If your loved one’s death was caused by someone else’s negligence, you have the right to seek justice and hold the responsible party accountable. Our team will guide you through the process, from gathering evidence to building a strong case that seeks the compensation you deserve. While no amount of money can replace your loved one, a successful case can ease the financial burden and provide a sense of closure.

Do not wait to take the next step. Contact Serrano Law today to discuss your case. We are here to listen, answer your questions, and stand by your side every step of the way.