Indian Harbour Beach Wrongful Death Attorneys
With water to the left of it, water to the right, it’s easy to think of Indian Harbour Beach as being stuck in the middle of paradise. Set between the Indian River and the Atlantic Ocean, this beachside community is a holiday haven for sun seekers, boating enthusiast and party animals alike. There are numerous nearby parks, recreation facilities and natural landscapes – many of which are sand filled. One highlight is the recently renovated Hightower Beach Park, which contains a natural dune system and coastline boardwalk. The park’s beach is a hotspot for local surfers. For those seeking nature, the beachside Coconut Point Park is famous for the sea turtles that come here to nest, along with the many birds that call the park home – including the black bellied plover, red knot, gannet and red throated loon.
Like many of Florida’s beachside communities, traffic in Indian Harbour Beach can get heavy – meaning an increased risk for a motor vehicle accident. Whenever an accident results in a death, Florida’s wrongful death act may come into play.
Understanding the Wrongful Death Action
A wrongful death happens when a person is killed as the result of the negligence or misconduct of another party. Those who were dependent on, or a beneficiary of, could be entitled to compensation for their damages. These people are referred to as the surviving family and typically include the surviving spouse and children.
Although a wrongful death can occur in such situations as emergency room medical malpractice, anesthesia malpractice or a product liability, one of the most common causes are motor vehicles accidents. In such a case, the surviving family members will have to prove that the other driver was acting negligently (driving while distracted) or illegally (driving while intoxicated) and that this act was the cause of death. The petitioner(s) will also have to demonstrate that those seeking compensation qualify as a surviving family member which, although usually means spouse or children, can include parents and ‘any blood relative or adoptive sibling who is partly or wholly dependent on the decedent for support of service’. Last but not least, it will also have to be shown that the decedent’s death has caused the survivors to suffer from a monetary loss or other type of damage, including:
- Amount of money earned by the decedent
- Loss of companionship
- Savings of the decedent
- Degree to which the surviving family were financially dependent on the deceased
- Such expenses as medical bills and funeral costs
In order to get the compensation you deserve, you need the help of an experienced Florida wrongful death attorney. With over three decades of experience, the attorneys at the Law Offices of James O. Cunningham, P.A. can help guide you through the complex legal process, ensure you meet all mandatory filing deadlines and get the full amount of damages you are entitled to. Contact us today and schedule your free initial consultation.