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Florida Wrongful Death Attorneys

If your family lost a family member to an intentional or accidental death, Florida law allows a civil action for the family to seek justice by recovering comprehensive monetary damages from the wrongdoer. The legislative intent for a wrongful death claim is to replace economic and noneconomic losses directly stemming from a negligent act. James O. Cunningham is a Florida wrongful death lawyer who has devoted his career to providing compassionate, skilled legal services to families transitioning from grief to life without a family member after a tragic and preventable death.

History of the Wrongful Death Claim in Florida

The United Kingdom was the first to allow a civil action for recovery of damages in an Act of the Parliament. The Fatal Accidents Act 1846, more commonly referred to as Lord Campbell’s Act, is the basis for wrongful death actions around the globe.

The Florida state legislature incorporated Lord Campbell’s Act into its statutes in 1883. The legislature amended the statutes only once in 1899 and in 1972 made a complete overhaul. The 2003 version of the Florida Wrongful Death Act is the most current.

The intent of the Florida Wrongful Death Act, Florida Statutes §768.16 through §768.26, is to hold the wrongdoer responsible for losses resulting from a wrongful death. Put simply, survivors are entitled to a settlement to offset financial and emotional losses.

Survivors Allowed in a Florida Wrongful Death Claim

Florida Statute §768.20 states that the decedent’s personal representative, or executor of the decedent’s estate, can file a wrongful death claim on behalf of the estate and the decedent’s survivors. If the deceased left no Will, then the family must choose an executor to open a probate action for the wrongful death claim.

Survivors under Florida Statute §768.18 include the decedent’s spouse, children, parents and any blood relatives and adoptive brothers and sisters who are dependent upon the decedent financially. Of note, a child born out of wedlock to the mother is eligible as a survivor, but a child born out of wedlock to the father is not eligible unless the father recognizes and supports the child.

Compensable Damages Under the Florida Wrongful Death Act

Recoverable damages under Florida Statutes §768.21 include, but are not limited to the following:

  • Medical expenses
  • Funeral expenses
  • Loss of earnings
  • Loss of cumulative net worth of the estate
  • Loss of support and services, current and future
  • Loss of companionship
  • Loss of parental companionship and guidance
  • Mental pain and suffering

Contact a Florida Wrongful Death Lawyer

There is no price tag or replacement for any human life, so monetary recompense is all that is available under the law. You need a Florida wrongful death attorney who is a skilled legal advocate. James O. Cunningham is a veteran litigator of personal injury claims, and he has the resources necessary to ensure a maximum recovery on your behalf.

Do not delay, as there are time restrictions that may apply to your wrongful death claim. Locations for the Law Offices of James O. Cunningham, P.A., are located throughout Central Florida for your convenience, or you can even get assistance from his office through the website by chat or email.

Florida Personal Injury Office Locations

Main Office

Orlando Personal Injury Office:
3117 Edgewater Dr.
Orlando, FL 32804
Phone: 407-425-2000
Toll Free: 877-FL-INJURY
                 (877-354-6587)
Fax: 407-843-8274

Seminole County

Lake Mary Office:
1001 Heathrow Park Lane
Suite 4001
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County

Kissimmee Office:
17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County

Daytona Beach Office:
1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

DeBary Office:
465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Deland Office:
Downtown Executive Center
120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County

Inverness Office:
110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County

Lakeland Office:
1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Winter Haven Office:
325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County

Tampa Office:
100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties

The Villages Office:
3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County

Mt. Dora Office:
602 East 5th Ave.
Mt. Dora, FL 32757
Phone: 352-436-4696

Clermont Office:
900 W. Highway 50
Clermont, FL 34711
Phone: 352-503-4674

Brevard County

Titusville Office:
506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Cocoa Office:
96 Willard Street
Suite 206,
Cocoa, FL 32922
Phone: 321-757-1373