Wrongful Death
Orlando Wrongful Death Lawyer
Many states, including Florida, have statutes that allow beneficiaries to file a suit and recover for the wrongful death of a loved one.
What is wrongful death?
In a personal injury context, wrongful death is any death caused or contributed by the negligence of another (person or company). Such examples would include fatal car crashes, fatal boating accidents, fatal trucking accidents, electrocution and many more.
Who Has The Right To Sue For Wrongful Death?
Florida law requires an Estate to be set up in the Probate Court naming a personal representative of the Estate. The personal representative brings a wrongful death claim on behalf of the Estate itself and any survivors. A survivor can include:
- The spouse of the decedent;
- Any children of the decedent; or
- The surviving parent(s) of the decedent (person who died), if the decedent is not married and does not have any children.
What Type Of Money Damages Can Be Recovered In Wrongful Death?
In summary, there are two categories of money damages: economic damages and non-economic damages.
In a wrongful death case, the Estate can recover economic damages such as:
loss of net accumulations of earnings to the estate (for example, if a working mother has a job where she has proven savings from that job, the estate can recover the value of her anticipated savings had she lived for the period of her working life);
medical bills incurred between the time of the injury and the time of death;
funeral expenses
The Estate can also recover non-economic damages such as:
pain and suffering for the time the person lived between the time of the injury and the time of death.
The survivors, such as a spouse or children, can recover economic damages such as:
the cost of support and or services provided by the decedent
In addition, the survivors can recover non-economic damages such as:
pain and suffering
Learn more about Damages in a Wrongful Death Case by calling Jason Recksiedler or Caroline Fischer Espi at First Choice Law.
Examples of Wrongful Death Cases
Many events can lead to a wrongful death case, including:
- Car or motorcycle accidents
- Trucking accidents
- Medical malpractice
- Use of defective products
- Premises Liability.
How long do I have to bring a wrongful death lawsuit?
In the State of Florida, the Estate has 2 years from the date of death to bring a wrongful death lawsuit. This means that the formal paperwork called a Complaint must be filed in the Court of proper jurisdiction within that time frame. This deadline may be postponed under a few very specific circumstances.
It’s critical to follow the deadline established by the law, or you could lose your right to bring your wrongful death lawsuit to court. First Choice Law personal injury attorneys in Orlando have a lot of experience handling Florida wrongful death claims and can help you determine exactly when the statute of limitations expires in a certain case. Contact us today for a Free consultation!
Get Our Expert Wrongful Death Attorneys On Your Side Today
Contact First Choice Law and schedule a case consultation if you have lost a loved one as a result of another party’s negligence or misconduct. Our wrongful death attorneys serve Orlando and Central Florida, and have an impressive track record of achieving substantial personal injury verdicts and settlements for our clients. We have the experience and the knowledge necessary for obtaining just compensation for your claim.
Recognized Injury Experts Answers FAQs
How long do I have to bring a wrongful death lawsuit?
In the State of Florida, the Estate has 2 years from the date of death to bring a lawsuit. This means that the formal paperwork called a Complaint must be filed in the Court of proper jurisdiction within that time frame
If my spouse is killed in the course and scope of his/her employment, can I bring a wrongful death action?
The answer is a little complicated. If the cause of the accident is a direct result of his/her employment and not caused by a third-party, then, generally speaking, the answer is no. Worker’s compensation benefits will pay out certain benefits associated with the death. However, often times, we are able to find a third-party who caused or contributed through their negligence to the death of the employee; in this scenario, a wrongful death action may be pursued against the third-party.
Can you sue after the statute of limitations has run?
No, you cannot sue after the statute of limitations has run.
Does Car Insurance Pay death?
This is a very broad question. However, under Florida law, Personal Injury Protection (PIP) will pay up to $5k for funeral expenses if the death occurs as a result of a car crash. In addition, if the at-fault party has Bodily Injury insurance (BI) it is possible to have his/her insurance pay. Similarly, if the decedent has Underinsured Motorist/Uninsured Motorist (UIM/UM), it is possible to have that insurance pay as well.
What's the difference between medical malpractice and wrongful death?
In short, a medical malpractice action assumes that the victim is still alive. A medical malpractice event can become a wrongful death action if the victim of the medical malpractice is deceased. If the cause of the death is due to medical malpractice, both medical malpractice and wrongful death statutes apply. The Statute of Limitations, however, will be governed by the individual facts of the case, but in no event will the statute be longer than 2 years from the date of death.
Can a sibling (sister or brother) sue for wrongful death?
Yes, but only if there are no surviving parent(s), no surviving spouse of the decent, and no survival children of the decedent.
Can you sue a hospital for wrongful death?
Assuming that the hospital through negligence and/or medical negligence caused or contributed to the death, the answer is yes. If it is a public hospital, certain additional limitations apply.
How does the attorney get paid a wrongful death case?
We at First Choice Law work on contingency which means we do not charge any attorney fees or costs unless we make a recovery for you.