Orlando Wrongful Death Attorney
Florida Statutes section 678.18 states that when a person’s death is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it.” At Badgley Law Group, our Orlando wrongful death attorney has helped family members in wrongful death cases for several years. Contact us to take the first step today.
Family members who may recover damages in a Florida wrongful death case include:
- The deceased person’s spouse, children, and parents, and
- Any blood relative or adoptive sibling who is partly or wholly dependent on the decedent for support or services.”
In certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action, the following elements must be present:
- The premature, unnecessary and wrongful death of a human being, which is caused by another person’s careless, negligent, or intentional behavior, including neglect.
- The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously that the wrongfully killed person provided to them.
A wrongful death claim in Florida must be filed within four years of the date of death in most cases. Under a few very specific circumstances, the deadline may be postponed.
Damages that surviving family members may receive in these kinds of cases include:
- Money to replace the financial support and household services that the deceased person provided during his or her lifetime to the surviving family member
- Loss of companionship, guidance, and protection provided by the deceased person
- Mental and emotional pain and suffering due to the loss of a child
- Medical or funeral expenses any surviving family member has paid for the deceased person
The deceased person’s estate may also recover certain types of damages.These include:
- Lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived, and provided to his or her family;
- Lost prospective net accumulations” of the estate, or the value of earnings the estate could reasonably have been expected to collect if the deceased person had lived, (in other words the savings that a person plan for the future of his or her family); and,
- Medical and funeral expenses that were paid by the estate directly.