Orlando Wrongful Death Attorney
A wrongful death lawsuit is something entirely different than personal injury law, and there are some things you should know about this area of law prior to contacting a wrongful death attorney. In summary, a wrongful death claim is made against an individual who can be held liable for that death even though there was no direct intention to kill.
The claim will only be successful if the person in question was negligent or strictly liable for the death. The deceased must also have dependents – family members who suffer emotional and financial damages because of this wrongful death. Wrongful death cases tried in the state of Florida are decided on a preponderance of evidence not beyond a reasonable doubt or based on clear and convincing evidence.
This type of lawsuit is not like others filed by the victim. Affected family members file their suit under a Wrongful Death Statue (aka Wrongful Death Settlement Statute), as there is no other specific law applicable in cases such as this. The statues tend to vary from state to state, so it’s best to contact a competent and knowledge wrongful death attorney in your local area. Tony C. Francis, a Orlando wrongful death lawyer, has experience dealing with wrongful death cases and will outline the four common elements of the statues in order to file a wrongful death suit.
The first element states a death must have been caused totally or partially by the defendant, while the second says the defendant must be negligent or liable for the death. Elements three and four state there must be a surviving relative and that financial damages resulted from the death. While this may sound straightforward, often the disposition of the person’s estate is compromised.
In a wrongful death suit you may claim funeral, hospital, medical and burial expenses. You may also apply for compensation for things such as the loss of financial support, companionship, service, and parental guidance. In situations like this, hiring a fully qualified wrongful death lawyer will ensure your claim is processed with due care and attention.
A wrongful death suit can be filed against a person, a group of people, a company or an organization. In some instances death is immediate, in others it is prolonged and the death may be intentional or unintentional. This is an extremely complex area of law, and the Francis Law Firm knows precisely what to do to achieve results.
Advice from a Orlando Wrongful Death Lawyer
If you are dealing with a wrongful death here are several other things you need to know right away. You must file before the statue of limitations expires. This varies in each state, so by sure to ask the Francis Law Firm about the Statute of Limitations in Florida. Usually it is 2 years after the cause of a wrongful death is confirmed or suspected.
If you don’t find out the cause of the wrongful death until after the Statute of Limitations has run out, you might be able to take advantage of the Delayed Discovery Doctrine. This merely means you may start the Statue of Limitations clock from the date you did discover the cause of death. There is some controversy over whether this applies to anything other than product liability lawsuits. This is just another reason to contact a competent attorney and have him explain your legal rights.