Losing a loved one is an incomparably painful experience. The pain and grief are only increased when the death occurs due to the negligence of a person or entity. Unfortunately, that’s not where it ends. For many families, the death of their loved one can mean significant financial burdens and loss of income.
However, if you have lost a loved one to negligence, you don’t need to resign yourself to the hardships that follow. You can get the financial support you need to get back on your feet by filing a wrongful death claim with the help of an Orlando wrongful death attorney.
What is wrongful death?
Wrongful death is a civil action seeking damages for causing a death when criminal action fails or is not attempted. While wrongful deaths occur due to various reasons, some of the most common causes are:
● Car accidents
● Bicycle accidents
● Pedestrian accidents
● Medical malpractice
● Unsafe residential and commercial premises
● Unsafe working conditions
● Dangerous products
● Professional negligence or malpractice
Wrongful death claims are different from murder, homicide, and manslaughter, as they are brought to a civil court instead of a criminal court. The main objective of a wrongful death lawsuit is not to punish the defendant for breaking the law but rather to compensate the bereaved family for their loss.
Florida law allows the deceased’s family or plaintiffs to file a wrongful death claim until two years from the date of death. This time limit is called the statute of limitations. Once the statute of limitations has passed, you can no longer file a claim. Hassled by this seemingly short deadline, many plaintiffs try to immediately remedy the situation by heading straight to court without any preparations. However, this is unlikely to yield a favorable outcome. Instead, hiring an Orlando wrongful death attorney allows you to advance toward your goal with complete preparation and, consequently, have a better chance of reaching a positive outcome.
Who is eligible to file a wrongful death claim in Florida?
Florida law states that a wrongful death lawyer or other personal representative must be present in court to initiate the official complaint. The representative will file the claim on behalf of the bereaved family and must be named in the estate plan of the deceased or appointed by the court. The representative must list all surviving family members of the deceased with an interest in the lawsuit. Eligible persons include:
● The deceased’s spouse
● The deceased’s children (Children under 25, deemed as minor children, are entitled to higher damages than adults.)
● Children of unmarried parents (Florida Law allows children born to unmarried parents to collect damages in the event of wrongful death of their mother. However, they may only recover damages in a father’s wrongful death case if the father formally recognized the child as his own and was obligated to support the child.)
● The deceased’s parents
● Dependent family members (Blood relatives or Adoptive siblings who were partially or completely dependent on the victim financially)
An injury attorney in Orlando can help you determine if you are eligible to file wrongful death after reviewing the details of your case.
Damages eligible plaintiffs may collect for wrongful death.
Eligible plaintiffs can receive compensation for expenses and financial burdens resulting from the wrongful death of their loved one. Damages may include:
● Medical bills
● Funeral expenses
● Lost wages and other job-related benefits
● Projected value of earnings
● Lost support and services
● Loss of consortium
● Emotional and mental anguish
The amount you may be able to recover in a wrongful death lawsuit can vary depending on factors such as the person’s age, occupation, cause of death, and how competent the Orlando wrongful death attorney handling your case is.
Why do you need an Orlando wrongful death attorney?
Filing a wrongful death claim might seem like a complicated ordeal, requiring you to figure out if you’re eligible to file a wrongful death claim, what are the laws pertaining to your situation, what damages you can claim, and how long you have to file the claim. And you are correct. Depending on the circumstances of the death, filing a wrongful death claim can be an extensive and complex process.
You must establish that your loved one indeed died because of the negligence of another party and that you are eligible to claim compensation based on your relationship with the deceased under Florida law before you can even file a claim for damages.
Due to these complexities, it is imperative to hire a reliable Orlando wrongful death attorney to help you get the compensation you are rightfully owed. Louis Berk Law has helped many bereaved families hold the negligent party accountable and get the compensation they were rightfully owed. If you have suddenly lost a loved one to negligence, we can help you build a strong case and get the compensation you deserve.
It is natural to be overwhelmed by grief and confusion following the death of a loved one. Processing grief is always difficult and is especially painful when your loved one passes away in a timely manner due to another’s negligence.
At Louis Berk Law, we are deeply aware of the sensitive nature of such cases. We understand the crucial role legal assistance plays in helping bereaved families hold negligent parties accountable. You can rest assured that we will handle your case with due care and compassion and win the compensation you deserve.