When someone passes away due to someone else’s negligence, the family members of the deceased are left heartbroken, angry, and confused. They’ve lost someone dear to them and yet they’re now faced with the agonizing prospect of filing a wrongful death lawsuit. At this tragic time, it’s important they find a wrongful death attorney who can remove this burden and allow them to grieve and mourn.
WHAT IS A WRONGFUL DEATH LAWSUIT?
A wrongful death lawsuit is a civil suit brought by a family member or by the estate of a deceased person. This civil action is brought against the person or entity responsible for the death of their family member.
Under Florida Statute 786.19, “When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”
WHAT ARE SOME OF THE CAUSES OF WRONGFUL DEATH?
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Slip and Falls
- Medical Malpractice
- Workplace Incident
These are only a few of the most common causes of wrongful death, there are many others. If you believe your loved one was the victim of wrongful death, speak with one of our Orlando wrongful death lawyers for a free consultation.
WHO CAN BRING A WRONGFUL DEATH CLAIM?
- Parent
- Spouse
- Child
- Dependent blood relatives
- A child born to parents outside of wedlock (in the case of the death of the father, it must be established that the father had taken responsibility for the support of the child)
WHAT TYPE OF DAMAGES CAN BE RECOVERED IN A WRONGFUL DEATH ACTION?
There are several forms of wrongful death damages that can be recovered in this type of civil action. Under Florida Statute 768.21 the following damages may be claimed in a wrongful death action:
- Medical bills and funeral expenses paid by a surviving family member
- The value of services and support provided by the decedent to the surviving family member
- Surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering
- Minor children of the decedent, 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
- The personal representative of the estate may make a claim for damages for lost wages as well as the loss of future earning capacity
To determine the value of compensation in a wrongful death claim, many factors are taken into consideration. Age, income, health and expenses are just some of the few factors looked at to establish a monetary value for compensation. The relationship to the deceased will determine how much someone will receive whether it be a spouse, child, or parent.
Wrongful death cases can be complicated and difficult and it’s important that you have a personal injury lawyer on your side. At The Orlando Injury Law Firm a wrongful death lawyer will provide you with free legal advice at this difficult time of your life and let you how we can help.
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Attorney Nick Childress is the founder and lead attorney at The Orlando Injury Law Firm. Nick has dedicated his entire legal career to representing injury victims all over Central Florida in a variety of injury cases ranging from car accidents to slip and falls. Nick’s first entrance into the legal field was working for one of the nation’s largest personal injury law firms. It was at this firm, handling hundreds of cases at one time, that Nick saw the reality of large volume mega firms. Nick witnessed first-hand how large caseloads and quick turnover didn’t allow for the close personal attention, the clients or the case, required and deserved.
Growing up in Orlando, Florida, Nick attended Dr. Phillips High School. Like many locals, Nick had multiple summer jobs working at Universal Studios and Walt Disney World. With a personal injury lawyer for a parent, representing injured plaintiffs was in his DNA. After graduating from the University of Central Florida with a degree in Legal Studies, Nick went on to receive his J.D. from Barry University School of Law in Orlando. Nick is married to his lovely wife Daniela and the father of two beautiful children, Olivia and Vincent.