We Help Families of Victims of Wrongful Death in Winter Park
What is Wrongful Death in Florida?
A wrongful death claim is a civil lawsuit that may be brought to court when a negligence or wrongful act of one party causes the death of another person. Florida Statutes section 768.19 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.
The personal representative of the deceased person’s estate needs to file the wrongful death claim and that person may be named in the deceased person’s estate plan or will. If there is no will or estate plan, the personal representative is appointed by the court. The wrongful death claim filed by the personal representative is filed on behalf of the deceased person’s estate and any surviving family members. In the claim, the personal representative must list every survivor who has an interest in the case. The family members that may recover damages include:
The deceased person’s spouse, children, and parents, any blood relative or adoptive sibling who is partly or wholly dependent on the decedent for support or services. If a child is born to unmarried parents, the child can recover damages if his or her mother dies. If the child’s father dies, the child could recover damages only if the father had formally recognized the child as his own and was obligated to contribute support of the child.
Statute of Limitations for Wrongful Death
A wrongful death lawsuit in Florida must be filed within two years of the date of death, although the deadline may be postponed under a few specific circumstances. You should seek help from a wrongful death attorney experienced in handling wrongful death cases in Florida to help you determine the statute of limitations on your particular case. It is very important that you follow the deadline set by the statute of limitations as you could lose your right to bring your wrongful death lawsuit to court.
What is An Average Wrongful Death Settlement?
There is no way of knowing what a typical wrongful death settlement will amount to. Wrongful death settlements depend on the facts of your specific case. The best recourse is to discuss your wrongful death claim with your attorney. However, there are factors that help to determine the appropriate compensation for a wrongful death award. They include:
- The age of your loved one when they passed away
- The income of the deceased and future potential earnings
- Lost benefits such as health benefits or a pension
- Any medical expenses that may have occurred before death
- Funeral and burial expenses
- Family members that were dependent on the deceased
- Loss of spousal companionship or loss of parental guidance
- Pain and suffering before death
It is apparent that wrongful death cases involve significant damages to the family of the deceased. Wrongful death settlements will tend to be larger than personal injuries because of loss of life.
Contact A Wrongful Death Attorney in Winter Park for The Loss of Your Loved one
After someone else’s negligence caused the wrongful death of your loved one, you can feel overwhelmed with all the issues that arise even as you are grieving the loss. Hiring an experienced attorney to represent your case can increase the likelihood of recovering damages and winning your wrongful death lawsuit. If you need an attorney to help you file a wrongful death lawsuit, contact Morgan, White-Davis & Martinez, P.A. at 407-604-7259. We serve all of Central Florida.