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Deltona Wrongful Death Lawyers

If you like lakes and water sports, than Deltona, Florida is the place to be. Located along the Greater Orlando area’s eighth largest lake, Lake Monroe is the perfect place to take out the boat, spend an afternoon fishing and gator hunting. For those who prefer dry land, there’s plenty to do there too – including a visit to the 24 acre Vann Park and the equally impressive 14 acre Campbell Park.

As the definition of a bedroom community, where everyone lives but nobody works, the city is also home to a significant share of commuter traffic. With this high level of commuter traffic and the busy roads that surround the Orlando metro area, needless to say the Deltona area also has its fair share of car accidents. When a Florida motor vehicle accident turns deadly, you need to the support of a Florida personal injury attorney.

Although no amount of money can ever make up for the loss of a loved one, it can help relieve some of the financial stress you may be facing. For over three decades the lawyers at the Law Offices of James O. Cunningham, P.A have been helping victims grieving the loss of a loved one get the compensation they deserve. We do this through what is known as a wrongful death claim.

Understanding Wrongful Death

A wrongful death claim is brought against the person who caused the death of your loved one as a result of their negligent or intentional actions. These lawsuits are typically filed by the decedent’s estate on behalf of the surviving family members. Generally, a qualified surviving family member can file such a suit if the decedent would otherwise have a personal injury claim against the defendant had they survived. Since they did not, this right passes on to the surviving family members.

Before the defendant can be held liable for a wrongful death, the surviving family must first satisfy a specific burden of proof. In the case of a death resulting from a motor vehicle accident, this means showing that the other driver was negligent. Negligence is shown by proving that the other driver owed the victim a duty of care, that he or she breached this duty of care, that the breach was a direct and proximate cause of the death, and that the death caused the damages that the surviving family members are seeking compensation for. Common examples of damages in a wrongful death case include:

  • 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
  • Interest
  • Loss of health insurance
  • Loss of retirement benefits
  • Treble damages
  • Attorney fees

Get the Compensation You Deserve

As wrongful death actions are complex and have specific requirements and timelines, it is highly advised that you seek the advice of an experienced Florida wrongful death attorney. Contact the Law Offices of James O. Cunningham, P.A today and schedule your free initial consultation.

Martindale Hubbell | Highest Ethical standing
  • Mr. Cunningham is an excellent and knowledgeable attorney.

    I would and have recommended Mr. Cunningham as an attorney. I am extremely happy with the service he has provided for me and my family. I will definately use Mr. Cunningham in the future if I ever need an attorney again.

    - John, a Personal Injury client

Client Testimonials

5 StarsGreat Service (auto accident)
After totalling my vehicle my father recommended I retain Mr. Cunningham. A little online research lead us to Mr. Cunningham who made this case an easy process and educational. I recommend Jim Cunningham. He is doing a great service. Tyrone, an Auto Accident Client

5 StarsOutstanding Attorney
I was in an automobile accident and didn't know where to turn. My son-in-law recommended James Cunningham and I am so happy I took his advice. James and his staff were very professional and compassionate in guiding me through a difficult time. I highly recommend him. Hilda, an Auto Accident Client

5 StarsExcellent Service
Mr Cunninghan was a consientious, competant attorney and very professional. His service was excellent and we would recommend him highly. Barbara his assistance was also excellent in her services to us both. Lawrence, a Car Accident client

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