Buenaventura Lakes Wrongful Death Attorneys
Buenaventura Lakes, Florida – more commonly referred to as BVL – is a small community outside of Kissimmee known for its many watersports and fishing opportunities. Although home to a plethora of small lakes and ponds, East Lake Tohopekaliga steals the show. The community is also located just south of Orlando, and adjacent to Orlando International Airport, meaning residents have easy access to the many tourists and entertainment attractions located there.
Unfortunately, Buenaventura Lakes’ key location also means its home to many road and water accidents – all too many that are fatal. Like the rest of Florida, fatal car accidents here are on the rise. In fact, last year 2,939 people were killed in a Florida automobile accident – a significant increase from the 2,494 recorded the year before. If you recently lost a loved one to one of these Florida automobile accidents, the pain and emotional suffering you must endear is unimaginable. On top of this emotional toll, you could also be facing financial stress due to funeral and medical bills and figuring out how to provide for your family without the support of a deceased spouse.
What is Wrongful Death?
Although no amount of money can every make up for the loss of a loved one, it can be a godsend as to helping with the financial stress. This is why Florida has adopted a wrongful death law.
A wrongful death claim is a legal action brought against another person who can be held liable for the death of another (i.e., the other driver). As a deceased person cannot file a civil action, this right to sue – and the right to collect damages – is passed on to surviving relatives. Common causes for a wrongful death include:
- Motor vehicle collision
- Dangerous roadway
- Defective vehicle
- Medical malpractice
Regardless of the cause of the wrongful death, the key factor is negligence. In other words, in order to file a wrongful death action one must first prove that the death was caused by the negligent (or in some cases illegal) action of another. For example, if a driver is distracted because they are texting while driving, and as a result of this distraction they hit an oncoming car and kill another driver or passenger, then that death would have been caused by the negligent act of another. As a result, according to Florida law, certain surviving family members can file a wrongful death suit to seek damages. Typically these surviving family members are limited to parents, spouse, children and siblings.
With a wrongful death action one can seek compensation for:
- Funeral expenses
- Loss of companionship
- Hospitalization, ambulance transportation and other medical expenses
- Loss of care, nurturing and guidance
- Pain and suffering
- Loss of consortium
- Loss of expected salary
- Loss of health insurance
- Loss of retirement benefits
- Treble damages
- Attorney fees
However, there is a strict time limit of four years for filing a wrongful death action. If one fails to file a lawsuit within four years of the time of the accident, the court will likely through the case out.
Your Florida Wrongful Death Attorney
As wrongful death actions are complex, it is highly advised that you seek the advice of an experienced Florida wrongful death attorney. To learn more, contact the Law Offices of James O. Cunningham, P.A. today.