Florida Personal Injury Law Firm Providing Dedicated Legal Representation to Grieving Family Members Following a Loved One’s Death

Losing a loved one due to someone else’s irresponsible actions can be a terrible, traumatic experience for those left behind. In addition to the emotional impact that can last for several years, surviving family members and loved ones must also contend with various legal matters and financial concerns after the death of a loved one. In many cases, surviving family members and loved ones have the right to file for wrongful death damages in pursuit of holding at-fault parties accountable for their negligence or recklessness. However, the legal process of wrongful death cases is complicated, and Florida law does not allow every person the right to file a wrongful death lawsuit on behalf of the decedent. If you are still grieving the sudden death of a loved one, you should not be forced to worry about settlement negotiations, mental health expenses, medical bills, or lost income. Clermont wrongful death attorneys would be proud to act on your behalf in pursuit of justice and fair compensation for you and your loved ones during this difficult time.

The FL lawyers of our law firm have extensive experience representing clients in various personal injury and wrongful death cases across Central Florida. As your legal representatives, we will work to gather evidence, prove fault on the part of other parties, assess the value of your wrongful death claim, and take your case to trial if necessary.

To learn more about the legal process of filing a claim on behalf of a deceased person, please contact our Clermont wrongful death lawyers to schedule your free initial consultation today.

What is a Wrongful Death Lawsuit?

In Florida, a death is considered wrongful if it is the result of negligence or the intentional wrongdoing of another party or if the death is the result of product defects.

Negligence is the legal term for recklessness or careless actions or inactions by another party. Examples of negligence include motorists failing to obey the rules of the road, employers not using proper safety precautions in the workplace and medical malpractice.

Wrongful death differs from murder in that murder cases are committed with the intent to cause serious harm. In contrast, wrongful death cases are often related to accidents of unintentional or indirect actions.

Four conditions should be met in every successful wrongful death lawsuit. These include: the tragic death was caused in whole or in part by the defendant, the defendant was either negligent or strictly liable in the victim’s death, surviving family members or dependents of the deceased exist, and there were monetary losses associated with the sudden death. If the four conditions are not met, a wrongful death lawsuit may not be advisable for your case. Please contact our Clermont wrongful death lawyers to discuss your case in more detail today.

Who Can File a Wrongful Death Claim in Florida?

Under Florida law, the personal representative of the decedent must file a wrongful death claim. Personal representatives are usually people who are not interested in the wrongful death case and do not stand to inherit from the estate’s proceeds. When individuals draft a last will and testament or estate plan, they frequently name a personal representative to act on their behalf and the behalf of the estate. The representative takes charge of administering the estate after the person dies and can file a wrongful death lawsuit on their behalf. In most cases, the personal representative is either a trusted friend or an unbiased professional.

After the appointment of the personal representative, the legal process may continue with a wrongful death claim for the benefit of qualified survivors.

The following may potentially benefit from a wrongful death lawsuit in Florida:

• Parents
• Surviving spouse
• Children
• Blood relatives
• Dependent children
• Adopted children

What Are Common Types of Wrongful Death Claims in FL?

A wrongful death case involves a death caused by reckless or negligent acts. No two cases are exactly alike, and Clermont wrongful death attorneys can help assist you in determining whether you have a valid wrongful death claim.

Common examples of wrongful death cases in Florida include the following:

• Accidental poisonings and overdoses
• Bicycle accidents
• Birth injuries
• Boating accidents
• Construction accidents
• Daycare accidents
• Defective medical devices and dangerous drugs
• Electrocution
• Fires and explosions
• Hit-and-run crashes
• Medical malpractice and medical negligence
• Mislabeled or defective products
• Motorcycle accidents
• Negligent or inadequate security
• Nursing home abuse and neglect
• Pedestrian accidents
• Slip and fall accidents and premises liability cases
• Smoke inhalation
• Truck accidents
• Workplace accidents

Our law offices have years of experience representing clients across the Clermont area and wrongful death cases. To learn more about your legal options for filing a wrongful death suit, please contact our Florida law firm to schedule your free case review today.

What Must Be Proven in a Clermont Wrongful Death Case?

The plaintiff must prove various elements to win a wrongful death lawsuit.

Firstly, the plaintiff must prove that the defendant had a certain duty of care to your loved one. Then, the plaintiff must establish that the at-fault party breached this duty of care and that the negligent act contributed to the death.

If responsibility, negligence, and causation can be proven, you must then also attempt to prove that real monetary damages have been lost.

Our legal team will help you gather evidence to support your claim and file a civil action in pursuit of justice and financial recovery.

How Long Do You Have to File Wrongful Death Actions in Florida?

In most wrongful death cases, the statute for filing a lawsuit is two years from the date of the deceased person’s passing. If the wrongful death lawsuit is not filed within the two-year window, the plaintiffs typically lose their right to sue.

However, the two-year rule has exceptions. Wrongful death cases involving fraud, intentional misrepresentation, or concealment may extend the window.

In some wrongful death cases involving minors, different rules may apply. It is strongly recommended that you seek professional legal counsel to understand the nuances involving minors and wrongful death lawsuits.

What Are Recoverable Damages with a Wrongful Death Action?

If the deceased person was the primary source of income for a family, then the surviving family members must not only contend with the emotional fallout of the sudden death but also with the lost wages and other financial concerns. A wrongful death lawsuit can help compensate surviving loved ones.

While no financial compensation can ever hope to reverse the damage done, the hope is to make survivors whole again, at least from a financial perspective. This can be accomplished by awarding economic damages and non-economic damages in a wrongful death case.

Economic damages may include the following:

• Burial, funeral, and memorial expenses
• Medical expenses accrued before death
• Lost wages and lost future earnings
• Loss of benefits
• Loss of services provided by the decedent

Non-economic damages may include the following:

• Loss of consortium
• Pain and suffering
• Loss of parental companionship
• Mental anguish and emotional distress
• General damages

In rare wrongful death cases, punitive damages may also be awarded. The courts award punitive damages to hopefully deter others from repeating similar irresponsible actions in the future.

Schedule a Free Consultation with a Compassionate Clermont Wrongful Death Lawyer Today

If you have recently lost a loved one in a tragic accident, we offer our sincerest condolences to you and yours. Many legal concerns are involved in wrongful death cases, and the process can be complex, especially without legal experience.

Our legal team can help you fight for the maximum compensation you deserve following the death of your loved one. To learn more about our legal services and how we may assist you during this difficult time, please contact our Clermont law firm to schedule your free initial consultation today.

You can reach us at 407-573-7483.