Orlando Wrongful Death / Fatal Accident Lawyer
The Francis Law Group
Did you lose a loved one because another person was negligent? You are probably dealing with a lot of emotions, from anger to disbelief to simple confusion. One issue that survivors eventually may recognize after the initial shock and mourning is the financial effect of losing a loved one.
Fortunately, the law provides a means of recovering damages related to a loved one’s wrongful death. An Orlando wrongful death attorney at the Francis Law Group can help pursue legal action against the negligent party liable for your loved one’s death. Call us at 888-327-2745 and read on to learn more about these legal claims.
Under what circumstances may I pursue a wrongful death claim?
According to Florida Statutes Section 768.19, personal representative of the deceased can file an action for wrongful death if another person’s wrongful acts or negligence caused the death. During a wrongful death lawsuit, the personal representative of the deceased will have to prove that the death would not have occurred but for the neglectful or wrongful actions of the defendant, and therefore that the defendant should be liable for damages.
Parties Legally Allowed to Recover Damages in a Wrongful Death Action
Only the personal representative of the deceased can file a wrongful death lawsuit. However, the personal representative files the suit on behalf of the deceased’s survivors. Under Florida law, survivors mean the deceased’s spouse, children, parents, and any other blood relatives or adopted siblings who are partially or wholly dependent upon the deceased for support or services.
Types of Wrongful Death Cases
Below are some common types of accidents that may warrant wrongful death cases if the victim passes away:
- Automobile accidents,
- Motorcycle accidents,
- Slip and fall accidents,
- Premises liability accidents,
- Bicycle accidents, and
- Pedestrian accidents.
If you’re unsure whether or not the death of your loved one constitutes an action for wrongful death, you should consult an attorney.
Damages Recoverable in a Wrongful Death Action
The damages awarded to the survivors of the deceased are dependent upon a number of factors. This includes the deceased's age, income and more.
Below are some of the types of recoverable damages, as outlined by Florida Statute Section 768.21.
- Loss of support and services;
- Loss of the deceased’s companionship;
- Mental pain and suffering;
- Lost parental companionship, instruction or guidance;
- Lost instruction;
- Medical and funeral expenses; and
- Loss of earnings of the deceased.
- Each case is different, and the recoverable damages may vary. Make sure you go over your case and all recoverable damages with a lawyer.
Statute of Limitations for Wrongful Death Cases in Florida
The personal representative must file an action for wrongful death within a specific amount of time. Florida Statutes Section 95.11(4)(d) states that an action for wrongful death must be filed within two years. This means that if you are the personal representative of the deceased, you will have two years from the time of death to file a claim. Otherwise, you may lose your right to file a claim for damages.
Why an Orlando Wrongful Death Attorney Can Help
If your loved one died because of another’s actions and you are considering filing a wrongful death action, seek the assistance of an attorney. A wrongful death case requires proving negligence, that negligence caused your loved one’s death and showing why the defendant should therefore be liable for damages. It also requires proving that the beneficiaries are entitled to damages.
Doing the above without a legal advocate can be complicated. At the Francis Law Group, we will help with every aspect of your case, starting with discussing whether you have grounds for a case. You can reach our legal team at 888-327-2745 or by filling out our contact form.