Exploring Wrongful Death Claims: What You Need to Know
Losing a loved one is a deeply painful experience, especially when it occurs under circumstances that could have been prevented. In Orlando, families who face such losses may consider filing a wrongful death claim. This article aims to provide essential information about wrongful death claims in Orlando, helping families understand their rights and the legal process involved.
What Constitutes a Wrongful Death Claim?
A wrongful death claim arises when a person’s death is caused by the negligence, wrongful act, or breach of contract or warranty of another party. Common causes include car accidents, medical malpractice, workplace incidents, and defective products.
Who Can File a Wrongful Death Claim in Orlando?
Under Florida law, the personal representative of the deceased’s estate must file the wrongful death claim. This representative can be named in the will or estate plan of the deceased, or appointed by the court if there is no will.
Potential Damages in a Wrongful Death Claim
The types of damages that can be recovered in a wrongful death lawsuit may include:
- Medical and Funeral Expenses: Costs incurred due to the deceased’s final illness or injury, and funeral expenses.
- Loss of Support and Services: Compensation for the loss of support and services the deceased provided to their family members.
- Loss of Companionship and Protection: Compensation for the emotional pain and suffering due to the loss of a loved one.
- Loss of Future Earnings: The potential income the deceased would have earned if they had lived.
- Pain and Suffering of the Deceased: If the deceased did not die immediately, compensation for their pain and suffering prior to death.
Time Limits for Filing a Claim
In Orlando, as in the rest of Florida, the statute of limitations for filing a wrongful death claim is typically two years from the date of death. It’s crucial to be aware of this time frame, as missing this deadline can prevent the possibility of filing a claim.
Steps in Filing a Wrongful Death Claim
- Consult with a Personal Injury Attorney: Specialized legal advice is crucial in wrongful death cases. An experienced attorney can help you understand your rights and guide you through the legal process.
- Investigation and Evidence Gathering: Your attorney will collect evidence to support your claim, including medical records, accident reports, and witness statements.
- Filing the Lawsuit: The personal representative, with the help of the attorney, will file a lawsuit against the party or parties responsible for the death.
- Negotiation and Litigation: Many wrongful death cases are settled out of court. However, if a settlement is not reached, the case may go to trial.
The Role of a Personal Injury Attorney
A skilled personal injury attorney plays a vital role in a wrongful death claim by:
- Providing compassionate and comprehensive legal representation.
- Navigating the complexities of wrongful death laws in Florida.
- Advocating for the rights and best interests of the deceased’s family.
Conclusion
Filing a wrongful death claim in Orlando is a significant step for families seeking justice and compensation for their immeasurable loss. Understanding the basics of wrongful death claims and seeking the right legal support can provide a path towards financial relief and a sense of closure.
