An Overview of Florida Wrongful Death Law
Wrongful Death Claims in Orlando: Who Can Sue?
Wrongful death claims can be filed in Orlando by the family of someone who has died from the negligence or wrongdoing of another person or entity, like a company. While it may seem obvious that only the immediate family members can file such a suit, it’s actually much more complicated than that. For example, if your deceased relative was married and had children, his spouse and their descendants can also file wrongful death claims. In fact, it’s possible for several people to file wrongful death claims in Orlando based on their relationship to the deceased person.
What Damages are Recoverable When Someone Sues Under a Wrongful Death Claim?
There are two main types of damages that are typically recoverable under a wrongful death claim: economic damages and non-economic damages. Economic damages, also known as pecuniary losses, refer to expenses like medical costs and funeral expenses. Non-economic damages, on the other hand, refer to losses such as pain and suffering. Florida does not allow for punitive or exemplary damages under a wrongful death claim; punitive damage refers to an award meant to punish a defendant for its misconduct, while exemplary damage refers to an award meant as an example for other potential defendants. If you’re wondering who can sue for wrongful death in Orlando, get in touch with a Wrongful Death Lawyer at Payne Law, PLLC.
Why Should I Hire an Attorney to Handle my Case?
There are several reasons why you should hire an attorney for wrongful death cases. First, these cases can be complex, and without legal counsel, it can be difficult to know how best to proceed. An Orlando wrongful death lawyer will have experience with both Florida laws and regulations, as well as experience dealing with insurance companies. An attorney will also be able to start a case immediately after someone dies while the evidence is still fresh. This can help you get all of your losses covered quickly and easily.
You may not think that having an attorney on your side is necessary when dealing with insurance companies, but their methods of doing business may surprise you. Insurance company agents often do not tell families exactly what they need to collect or how much they should expect in compensation until they file a lawsuit or make contact with an attorney representing them. Having representation from day one makes things easier because you will have one advocate working on your behalf throughout the entire process instead of trying to deal with multiple people who might not have your best interests at heart.
There Must Be Proof of Negligence, But What is Negligence Anyway?
Wrongful death claims typically mean filing a civil lawsuit. Florida follows strict tort liability laws and holds those who are negligent accountable for their actions. In order to prove negligence, you must have proof that another person did something careless (or something he should’ve done but didn’t). If there is any doubt as to whether or not negligence took place or if there is a strong argument that your loved one committed suicide, wrongful death lawsuits may not be allowed.
Are There Rules and Procedures that Have to be Followed When Dealing with a Wrongful Death Claim?
It’s important to note that there are strict rules and procedures that a party must follow in order to file a wrongful death claim and that these time limits vary from state to state. For example, in Florida, according to the statute of limitations for a wrongful death, you must file a wrongful death claim within two years of your loved one’s death. Also, it is possible to recover compensation for pain and suffering before your loved one’s death—but filing a wrongful death lawsuit does not prevent you from doing so after their passing.
Will I Have to Go to Court if I File a Personal Injury Claim for Wrongful Death?
In many cases, Payne Law can reach favorable settlements without going to court. Attend court hearings may not always be necessary if all parties agree with the terms proposed during settlement negotiations. However, if litigation does become necessary at some point during your case, you can rest assured knowing that we have extensive experience handling these matters. We are also prepared to take your case to trial if necessary.
Florida laws vary when it comes to filing for wrongful death, and before proceeding with any action, it is important that you first seek out legal counsel from your attorney. Our lawyers work diligently throughout every step of our client’s cases to achieve justice for their losses and damages. Our attorneys know exactly what needs to be done for us to win our client’s maximum compensation under the law.