Have you recently lost a family member in a tragic accident? Was the accident preventable? In the surreal fog of grief immediately following an unexpected death, you may not know how to proceed. If you are located in Clermont, Lake County or anywhere in Central Florida and have questions regarding potential wrongful death lawsuits, call a Clermont attorney who has the knowledge and experience to answer your questions. James O. Cunningham is a compassionate legal counselor. He clearly explains the legal process and, after evaluating the circumstances of the death of your loved one, handles all aspects of the lawsuit so that you and your family can focus on healing.
Time Limitations in a Wrongful Death Lawsuit
The Florida statutes set time limitations within which you have to file a personal injury claim, which includes a negligent death. A statute of limitations means that you have a certain period within which to file a lawsuit or forfeit your right to pursue the claim. In negligence claims, this period is usually two years. However, there are exceptions, and a Clermont attorney can advise you accordingly.
This does not mean you should wait until right before the statute of limitations runs out to seek legal advice. Depending upon the complexity of your claim, pretrial preparation can take years. The better prepared your Clermont wrongful death lawyer is, the better the chance of a successful outcome on your behalf.
Actions Constituting Negligence
Death happens. However, if that death was not a natural death, but the result of an accidental or intentional act of another party, it may be a wrongful death. Criminal acts can be intentional or unintentional, such as homicide or a drunken driving accident. In this event, there are two separate and distinct prosecutions. The state prosecutes the criminal action, and legal counsel retained by the family prosecutes the civil action under the Florida Wrongful Death Act.
Who Is Eligible for Compensation
Probate laws determine eligibility for damages. Those holding priority claims are spouses and minor children. If there are no immediate heirs, then parents, grandparents, siblings and persons financially dependent upon the decedent may have a claim. The estate itself may also have a claim.
Damages in a Wrongful Death Lawsuit
Damages in a wrongful death lawsuit include, but are not limited to the following:
- Medical bills
- Funeral expenses
- Loss of earnings
- Loss of the prospective net accumulations of an estate
- Loss of support and services
- Loss of the decedent’s companionship
- Loss of parental companionship and guidance
- Mental pain and suffering
Contact Us Today
James O. Cunningham is a Clermont attorney who has dedicated his practice to helping families put their lives back together after a preventable tragedy. He assists families in the State of Florida, including the Central Florida counties of Brevard, Citrus, Hillsborough, Lake, Marion-Sumter, Orange, Osceola, Polk, Seminole and Volusia. If you want a Florida wrongful death lawyer who works tirelessly for justice on your behalf, call the Law Offices of James O. Cunningham, P.A.