Mascotte Wrongful Death Attorneys
Located in Lake County, Florida, the small community of Mascotte is part of the Orlando Kissimmee metro area. With a population of just over 5,000, the community is a quiet retreat from the major business and tourists centers that surround it. As such, it tends to be classified as a commuter community.
As is the case with the rest of Florida, motor vehicle accidents are on the rise in Mascotte. Even more troubling is the statewide increase in fatal car accidents. According to the National Safety Council, accidental deaths are the leading cause of people between the ages of 1 and 42 in the US and the fifth leading cause of death for all age groups. Although there are many causes of accidental deaths, by far the leading cause is motor vehicle accidents, typically caused by the negligence of another person.
What is Wrongful Death?
When someone dies from an accidental (or unlawful) death due to the fault of another person or entity, the surviving family members have the legal right to suit via what is called a wrongful death action. The Florida wrongful death statute allows for family members to seek compensation through legal recourse for the accidental death of another family member. Although a wrongful death suit is most often filed by a spouse or children, in some cases a parent, sibling, grandparent or grandchild can seek compensation. The key is to show that the person seeking compensation was somehow dependent (i.e., financially dependent) on the decedent.
How to File a Wrongful Death Lawsuit
As wrongful death lawsuits are complex and stressful, your first step should be to hire an experienced Mascotte wrongful death attorney. For example, did you know that if you fail to file your lawsuit within a specific timeframe you could have your right to compensation denied? It is details like this that make it essential that you work with an experienced team like the attorneys at the Law Offices of James O. Cunningham, P.A..
You will first meet with your attorney at a no obligation, initial consultation. Here your attorney will review the facts of your situation and determine whether or not you have a valid claim. If so, the next step will be to have personal representative appointed. This is because Florida law makes it mandatory that the decedent’s estate file the lawsuit on behalf of the surviving family members. If the estate is already in probate with an executor, that executor will be appointed as personal representative.
Next, you and your attorney will file a complaint with the court that sets forth your case and includes the type of damages you are seeking. Typical wrongful death damages include:
- Medical and funeral expenses
- Loss of anticipated future earnings (up to time of retirement or death)
- Loss of such benefits as retirement pension or medical insurance
- Loss of inheritance
- Pain and suffering and mental anguish
- Loss of care, protection and companionship
- General and punitive damages
Contact Us Today
As wrongful death actions can take a long time to litigate, the sooner you get started the sooner you will get the compensation you deserve. Contact the Law Offices of James O. Cunningham, P.A. today to schedule your free initial consultation.