Bartow Wrongful Death Lawyers
Whether it’s for the watersports, the golf or the close proximity to the Orlando and Tampa metro areas, Bartow, Florida has something for everyone. Located along the Peace River, this green city is known as the City of Oaks and Azaleas. The town boast three districts listed on the National Register of Historical Places and features such landmarks as the 1909 built Old Polk County Courthouse and Bartow High School.
But even suburban oasis like Bartow can’t escape the tragedy of a motor vehicle accident. With several key roadways crisscrossing the area, fatal car accidents are an all too common occurrence in Bartow. Fatal car accidents can devastate a community and turn a family’s world upside down. Not only does one have to deal with the extreme pain that goes along with unexpectedly losing a loved one, they also have to deal with the stress of mounting medical bills, funeral expenses and trying to figure out how to get by without, for example, a spouse’s income, health insurance or benefits. This is even more troubling when the deceased leaves behind surviving children.
Although no amount of money can ever come close to filling the void of a lost loved one, it can help alleviate some of the financial stress that might surround a death. In Florida, the surviving family members can file a law suit against the person or persons who caused the death. This type of law suit is called a wrongful death action. However, wrongful death actions are some of the most complicated types of personal injury actions, which is why it is highly recommended that you seek the advice of an experienced Florida wrongful death attorney.
For over three decades, the lawyers at the Law Offices of James O. Cunningham, P.A. have been helping Bartown residents get the compensation they deserve following the loss of loved one.
Grounds for a Wrongful Death Action
To start, your attorney will be able to sit and review your particular case to see whether or not you have grounds to file a Florida wrongful death suit. According to Florida statute 678.18, in order to bring a wrongful death action one must prove three specific things. First, your attorney will look at the facts of your case to make sure the person being sued was acting either negligently or illegally and that this act was the cause of your loved one’s death.
Second, they will ensure that you and any other surviving family members qualify to seek compensation. Here the law limits ‘family member’ to being a spouse, children, parents and ‘any blood relative or adoptive sibling who is partly or wholly dependent on the decedent for support or services”.
Third, your attorney will look to ensure that your loved one’s death has caused one or more of the qualified survivors a monetary loss. According to Florida law, one can claim the following types of damages as ‘loss’ under a wrongful death action:
- 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 damages
- Punitive damages
If these three items are satisfied, in all likelihood you can file a wrongful death claim. However, you must do so within four years after the accident or risk having your suit barred. To ensure you get the compensation you deserve, contact the Law Offices of James O. Cunningham, P.A. and schedule your free initial consultation today.