Orlando Wrongful Death Lawyers
Help with Wrongful Death Claims in Orlando, FL
At Gunn Law Group P.A., we understand the devastating impact of losing a loved one due to someone else’s negligence or recklessness. Our Orlando wrongful death lawyers are here to help you pursue justice and hold those responsible accountable for their actions.
Get in touch with us today to schedule a free consultation with one of our wrongful death lawyers serving Orlando, FL; call 813-228-7070 or contact us online.
What Constitutes Wrongful Death in Florida?
Wrongful death in Florida refers to a situation where the death of an individual, known as the “decedent,” is caused by the negligent or wrongful actions of another person or party, default, or breach of contract and/or warranty. Essentially, if the decedent would have had grounds to file a personal injury claim if they had survived, their death is likely considered “wrongful” under the law.
Instances of wrongful death can arise from various accidents and incidents, including but not limited to:
- Motor vehicle accidents
- Medical malpractice
- Nursing home abuse and neglect
- Accidents involving defective products
- Pedestrian and bicycle accidents
- Dog bites and animal attacks
- Serious falls
- Workplace accidents and deaths
- Criminal activity, such as homicide, murder, and assault
Wrongful death claims are separate from any criminal proceedings that the responsible party may or may not face. The purpose of a wrongful death action is not to impose criminal penalties on the defendant but rather to provide compensation to the surviving family members and loved ones of the victim for their financial and non-financial losses related to the death.
If you are seeking assistance with a wrongful death case in FL, you can contact us to schedule a free consultation with one of our experienced wrongful death attorneys serving Orlando.
You can reach us by calling 813-228-7070 or contacting us online.
Who Can File a Wrongful Death Claim?
In Florida, only the personal representative of the decedent’s estate has the authority to file a wrongful death claim. The personal representative, also known as the executor of the estate, brings the wrongful death action on behalf of specific surviving family members and dependents. If the decedent did not designate a personal representative before their death, the court will appoint one.
Potential beneficiaries in a wrongful death lawsuit in Florida may include:
- The surviving spouse of the decedent
- The surviving child or children of the decedent (if any)
- The surviving parent(s) of the decedent
- Any blood or adoptive relative of the decedent who was financially dependent on the decedent or relied on their services
It is important to note that wrongful death lawsuits in Florida must be filed within two years from the date of death. This timeframe, known as the “statute of limitations,” generally prevents claims from being brought after more than two years have passed, except in rare circumstances.
What Damages Can Be Recovered in Wrongful Death Lawsuits?
In wrongful death lawsuits in Florida, both eligible surviving family members and the decedent’s estate may be entitled to recover certain damages.
Typically, eligible family members can seek compensation for:
- Out-of-pocket medical expenses incurred by the family member for the decedent’s final care
- Out-of-pocket costs for the decedent’s funeral and burial paid by the family member
- Mental and emotional pain, suffering, trauma, and distress experienced by the family member
- Loss of support and services provided by the decedent during their lifetime
- Loss of parental support, counsel, instruction, guidance, companionship, etc.
- Loss of love, protection, and companionship provided by the decedent
Meanwhile, the estate can typically seek recovery for:
- Medical expenses paid by the estate for the decedent’s final treatment and care
- Funeral and burial costs directly paid by the estate
- Lost income, wages, earnings, and other benefits from the date of injury until the date of death
- The overall value of income, wages, earnings, and benefits that the decedent could have reasonably been expected to earn and leave to the estate if they had lived
Our Orlando wrongful death attorneys can help you understand how the specific details of your case may impact the types of damages you can recover, as well as the potential value of your claim. We offer free initial consultations, and our attorney fees are only collected if and when we win your case.
