The sudden death of your loved one is, quite simply, devastating. When the death was caused by the negligence of another, the loss becomes much more complicated than a natural death. There may be a criminal investigation by the state that could result in criminal charges being brought against the negligent party. Additionally, Florida law also provides for “torts”, which are wrongdoings for which an action for damages can be brought. This is more commonly known as a civil action, and it is advisable that you retain an experienced Florida wrongful death lawyer to effectively and objectively assist you.
The Florida Wrongful Death Act is outlined in Florida statutes 768.16 through 768.26. Chapter 768.17 states: “It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.” While this seems straightforward, the following chapters in the Act outline very specific guidelines on who is eligible for compensation and what damages are recoverable when a wrongful death occurs.
Unfortunately, wrongful deaths occur every day in many ways:
- Vehicular Accidents
- Airplane Accidents
- Boating Accidents
- Cruise Ship Accidents
- Premises Liability
- Construction Accidents
- Medical Malpractice
- Nursing Home Abuse
In order for a wrongful death claim to succeed, a Florida wrongful death lawyer must prove that the death was the result of another person’s negligence and that the wrongful death resulted in a financial loss to those family members entitled to recover damages.
If the person or entity who committed the negligence is insured, the insurance company will want to limit your damages. It will retain legal counsel to represent the insured and its interests. Sadly, these parties will not have the sensitivity or compassion that you and your family deserve under the circumstances. A Florida wrongful death lawyer will do his or her best to ensure that you receive the full compensation to which you and your family are entitled under the law.
If the wrongful death of your loved one occurred in Lake Mary, or if the decedent resided in Lake Mary, James O. Cunningham is a Lake Mary wrongful death attorney well versed in the law and the Florida Wrongful Death Act. He has provided legal representation for persons suffering personal injuries throughout Central Florida since 1977. He and his staff provide compassionate legal guidance through the most emotional and stressful time of your life.