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
- 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.