Orlando Wrongful Death Attorney
Wrongful death is the death of a person due to the negligence of another person, either intentionally or unintentionally.
The untimely death of a spouse, parent or child can be one of the defining moments in a person's life. If a loved one is killed in a preventable accident or event, it is not something a person ever really gets over. Really, this type of loss stays with a person forever. It is almost inappropriate to talk about legal matters after such a tragedy. Any recovery you would receive will be inadequate to address your profound loss. A wrongful death lawsuit, however, can serve a number of important purposes. A wrongful death claim can hold the people or businesses accountable for your loss and may prevent others from suffering in the same way you have suffered. A successful claim can also provide financial support during a difficult time.
What Is A Wrongful Death Claim?
A wrongful death claim is a civil action or lawsuit, sought by the surviving loved ones (usually family members) of a person who died because of the negligent actions/lack of actions or misconduct of another person or entity. The party that initiates the lawsuit must prove they are suffering monetary injury as a result of the death of the person.
Wrongful death claims may result because of someone's death due to variety a of circumstances, including:
- Medical malpractice
- Plane, boat or car accident
- Exposure to hazardous conditions or substances at work
- Criminal behavior
Who Brings A Wrongful Death Action?
The wrongful death action must be brought by the deceased person’s personal representative, who shall recover for the benefit of the deceased person’s survivors and estate all damages, caused by the injury resulting in death.
Who can recover
“Survivors” means the deceased person’s spouse, children, parents, and, when partly or wholly dependent on the deceased person for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.
Which Damages May Be Recovered In A Wrongful Death Claim?
What each survivor can recover:
Each survivor in a wrongful death claim may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered.
- Surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
- Minor children, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.
- In a wrongful death claim, each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
- Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.
- The decedent’s personal representative may recover for the decedent’s estate the following:
- Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest.
- Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered in certain circumstances.
Our Orlando Wrongful Death Attorneys represent surviving family members throughout Central Florida in wrongful death litigation. We can handle all of the legal aspects of your claim. We can help you establish an estate for your loved one. Our lawyers can then investigate the circumstances behind your loved one's death. For instance, if your loved one was killed in a car accident, there may be other liable parties besides the other driver. There may be automobile defects, or the road may not have had proper signs.
When we have determined what parties are at fault, we will prepare a claim for damages. Under Florida law, a surviving family member in a wrongful death suit may be able to make a claim for the value of lost support and services, lost companionship, pain and suffering, medical and funeral expenses, and the loss of earnings.
Contact Our Experienced Wrongful Death Attorneys
Wrongful death claims are complicated and must be brought within a specific time frame. The sooner you get in touch with our personal injury lawyers, the more we can do to prepare your case. Contact us 24/7 to setup a consultation and to understand the options available to you. You may call us at 1-866-680-4LAW or fill out our online form located at the top of the page. Evening or weekend appointments are available upon request. If you are unable to meet with us at our Orlando office, we can meet you at home, the hospital or another location. We respect your privacy and will keep all your information confidential.
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