There is no greater pain than losing a relative, friend, or loved one in an accident due to the negligence of another. When a tragedy like this happens, sadness and suffering are so great that no one even thinks of holding anyone accountable for the wrongful death.
Although it is true that a claim will not bring back your loved one, it can bring about justice. In cases like this it is important to consult with our firm to determine the damages and steps necessary to establish an effective claim.
What is Wrongful Death?
A wrongful death occurs when a person or an entity causes another person’s death through negligence, a wrongful act, a breach of contract or warranty.
A wrongful death may result after the following:
- A negligent incident such as an accident (car accident, truck accident, etc.)
- Medical malpractice
- Accident due to a defective product
- An intentional act (crime)
How Long Do I Have to File a Wrongful Death Claim?
The statute of limitations to file a wrongful death claim in Florida is two years from the date of the deceased’s passing. This means you have two years to file a wrongful death claim, or you will most likely lose your right to do so. As an important note, the date of your loved one’s passing may be different from the date they suffered the injuries that led to their death.
Exceptions to this rule exist that can change the amount of time you have to file. Contact Angel Law Firm, PL today to speak to an Orlando wrongful death attorney about your case.
Who Can File a Wrongful Death Claim?
According to Fla. Stat. § 768. 20 (2021) a personal representative, or executor, is eligible to file a wrongful death suit. If no such person exists a court can appoint one.
This personal representative doesn’t have to be a relative of the deceased, however a wrongful death suit is always filed on behalf of the deceased’s estate and surviving family members regardless of who the executor of an estate is.
What Damages Can I Recover in a Wrongful Death Claim?
Recovering the damages your family deserves after the tragic and unexpected passing of a loved one can bring you and your family peace of mind knowing your expenses are covered and the negligent party was brought to justice.
According to Florida law family members may recover compensation for:
- Pain and suffering
- Loss of support or companionship
- Medical and funeral expenses covered by family members
Additionally, the estate of the deceased may recover compensation for:
- Lost wages and benefits
- Medical and funeral expenses that were paid by the estate
- The value of earnings the deceased could have reasonably earned
How to Prove Liability in a Wrongful Death Case
In order to win a wrongful death case, you must be able to show the court that the Defendant acted in a negligent way which was what caused the death of your loved one.
The following elements must be proven of the Defendant in a wrongful death suit:
- The Defendant owed the deceased a duty of care
- The Defendant breached the duty of care, which was owed to the deceased
- The Defendant’s action directly caused the wrongful death of your loved one
If your loved one was killed due to the negligence of others, do not hesitate to reach out to a seasoned wrongful death attorney in Orlando, FL at Angel Law Firm. We have many years of experience and have helped many clients in Florida through the toughest cases. Contact us today at (407) 337-8799 to make an appointment -- our services are available in English and Spanish.
Get Started on Your Case Today
Suffering through the unexpected loss of a loved one can be devastating. Our team of experienced Orlando wrongful death attorneys are ready to offer you compassionate guidance and aggressive representation to secure the justice and compensation you and your family deserves. Our firm is backed by years of experience and always offers free, no-obligation initial consultations.
Bilingual StaffOur staff provides legal services in both English and Spanish.
Personalized AttentionOur attorneys meet with clients as soon as they come to us and handle cases personally until they are resolved.
Tailored Solutions for Each ClientOur team is very detail-oriented and is dedicated to providing solutions fit to your unique case.
Long-Term PartnershipsMany of our happy clients start with one service but come back for assistance with other legal matters. When you work with us once, you can work with us for a lifetime.
Our attorneys and staff speak both English and Spanish. We will speak to you in whichever language you are most comfortable with to ensure smooth communication. Get in touch with us today to get started.