Groveland Wrongful Death Attorneys
If you enjoy water sports, then there’s a good chance you like Groveland, Florida. Located in the Orlando Kissimmee metro area, this quickly growing community is home to a plethora of lakes and ponds, and just a stone’s throw away from Lake Apopka and the popular Lake Louisa State Park. However, due to its location at the intersection of State Road 19 and State Road 33/50 – both busy routes heading towards the attractions of Orlando – Groveland has its fair share of motor vehicle accidents. When a car accident involves a death, Florida’s wrongful death statute comes into play.
What is a Wrongful Death case?
Florida’s wrongful death law allows family members to file a law suit against a negligent party, such as the other driver), claiming damages after the loss of a loved one. Typically the wrongful death law only applies to surviving spouses and children. However, when another family member, such as a parent or sibling, depended on the deceased for support, then they too can seek compensation.
As wrongful death claims are complex, it is important that you seek the services of an experienced Florida wrongful death attorney. Although no amount of money can ever make up for the loss of a loved one, the attorneys at the Law Offices of James O. Cunningham, P.A. know that it can go a long way in helping with the stress of unexpected expenses and financial losses. For over three decades, Attorney James O. Cunningham has been helping Groveland victims get the compensation they deserve, including:
- Medical expenses
- Loss of companionship
- Past lost wages
- Loss of services
- Pain and suffering
- Loss of future income
- Physical damage
- Loss of consortium
- Property damage
The Elements of a Wrongful Death Claim
A wrongful death action is filed against the person or persons who caused the death of your loved one. According to the law, before one can be compensated, they must first prove several specific elements that show you have been harmed as a result of your family member’s death. Specifically, you must prove three elements:
- The person being sued caused the death and was acting negligent when they caused the death (or are responsible for the death as a matter of law)
- The victim’s spouse, dependents and/or beneficiaries are alive
- The victim’s death has caused the above listed survivors monetary losses
Even if the deceased was partially at fault in their death, so long as the deceased was not more at fault than the defendant. So, for example, if the other driver was driving drunk, but the deceased was not wearing a seat belt and it is found that had they been wearing a seat belt they may have survived, the jury could say that the drunk driver was 75% at fault for the death, with the victim being 25% responsible. In such a scenario, any amount of compensation awarded would be reduced by 25%.
Florida has a strict statute of limitations on wrongful death lawsuits, and failure to meet this deadline could result in a denial of compensation. To schedule your free initial consultation, contact the Law Offices of James O. Cunningham, P.A. today.