What You Need to Know About Filing a Wrongful Death Claim

Facing the death of a loved one is one of the most challenging events you’ll go through in your life. Knowing that the death was an accident due to someone else’s negligence and could have been prevented makes the grieving process even more emotional. While nothing can be done to bring your loved one back, you may be able to recover damages from the at-fault party. When this happens, you may be eligible to file a wrongful death claim with an Orlando attorney to ensure you’re compensated for the sudden, premature, and unnecessary loss of a loved one.

Wrongful Death Claim Qualifications

A wrongful death attorney near Orlando will help you determine whether you’re eligible to file a wrongful death claim in the state of Florida. According to Florida Statute 768.19, wrongful death occurs when a person dies because of a wrongful act, negligence, default, or a breach of contract. Wrongful death claims help you recover damages related to medical expenses, funeral expenses, pain and suffering, and loss of support due to the sudden death of your loved one.

What Types of Accidents Qualify for Wrongful Death Claims?

You can file a wrongful death claim if a loved one died due to injuries they received from several types of accidents, including:

  • A fatal car crash
  • Motorcycle accidents
  • Pet attacks
  • Birth injuries
  • Negligent behavior due to medical malpractice
  • Slips and falls
  • Manufacturers of defective products
  • Medical errors
  • Bicycle or pedestrian accidents
  • Negligent behavior by nursing homes or assisted living facilities.

You’ll want to get with an experienced wrongful death attorney near Orlando to discuss the details of your case to see whether you may be able to file a wrongful death claim.

Who are the Beneficiaries of Wrongful Death in Florida?

You can file a wrongful death claim if you received support from your deceased loved one. Eligible family members who can claim damages include spouses, parents, partners, and children under 25. Other family members may also be entitled to damages if they can prove their financial dependence on the deceased.

How Much is a Wrongful Death Lawsuit Worth in Florida?

The exact amount your case may be worth is based on individual circumstances. Here are the types of damages you may be able to receive when you file a wrongful death claim with an Orlando attorney:

Funeral and burial expenses

When a loved one dies unexpectedly, the cost of having a proper funeral can place a financial burden on your family. Funerals cost thousands of dollars, which is challenging for most families to pay for unexpectedly. When you file a wrongful death claim, you can request reimbursement of the funeral and burial expenses of your loved one.

Lost income and support

Not only do you have to deal with the loss of your family member, but you must deal with ensuring your family is financially secure without the income your family member provided. Wrongful death claims can seek funds to compensate your family for the income your loved one brought along with an estimate of the income they would have made if still alive. You can also seek compensation for the loss of support for all the household and daily tasks your loved one helped accomplish that you may not be able to do on your own anymore.

Pain and suffering

Pain and suffering is hard to quantify, but offers compensation for non-economic damages due to the unexpected death of your loved one. This could include the cost of treating a mental illness, dealing with depression and anxiety, and the loss of enjoyment or lifestyle you had before your loved one passed away.

Perspective estate accumulations

Perspective estate accumulation is savings your loved one would have likely earned and saved to give to their estate if they had been alive. You may be able to claim compensation for this potential loss of legacy and estate when filing a wrongful death claim.

How Do I Sue for Wrongful Death?

The first step in filing a claim is to contact a wrongful death attorney in Orlando, like our team at the Badgley Law Group. During your consultation, we will review the facts of the case to determine whether you may be able to file a wrongful death claim on behalf of your loved one who passed away. Our team will then start an investigation into the circumstances surrounding the death. We’ll gather evidence such as security camera footage, eyewitness testimony, and interview experts who may provide insight into the case. We also may look at the autopsy report and use digital models and drawings to recreate the events that led to the accident. We will present this evidence in court during the trial to prove your case.

How Long Does a Wrongful Death Lawsuit Take?

You have two years from the date your loved one passed away to file a wrongful death claim. Note that this statute of limitations begins at the time your loved one died, not from the time of the accident. For instance, if your loved one was involved in a serious car crash and was in a coma for six months before passing away due to complications related to the accident, you would have two years from the date of death to file a claim.

Badgley Law Group: Wrongful Death Attorneys in Orlando, FL

Our law firm specializes in helping families in Orlando with wrongful death claims. We are here to represent you through this unimaginable situation, understanding the emotional toll a case like this takes. We get to know your family and exercise compassion and patience throughout your case. If you have lost a loved one due to wrongful death, you need the services of our experienced Orlando wrongful death attorneys. Please call us for a free consultation at 407-781-0420 or contact us online.

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