Edgewater Wrongful Death Lawyers
Located along the banks of the Indian River and the Mosquito Lagoon, Edgewater, Florida is a popular suburban community of the Daytona Beach area. It’s also a popular tourist stop, with many visitors coming to see the famous Turtle Mound – a prehistoric archaeological site that extends over 600 feet along the river’s shoreline and contains over 35,000 cubic yards of shells.
With always busy Interstate 95 running through the center of the town, the city is also known for its high level of traffics and, unfortunately, traffic accidents. On par with the trend across Florida, an increasing number of these motor vehicle accidents result in a fatality. When someone is killed in a car accident due to the negligent, reckless or intentional acts of another driver, then the surviving family can, in some cases, sue the other driver for wrongful death.
Even though no amount of money can make up for the loss of a spouse, parent or child, it can help with such related expenses as medical and funeral bills or trying to make up for the income that the decedent used to bring in. To help with these financial issues, the Florida wrongful death law allows you to file a civil lawsuit in order to obtain compensation for such expenses and losses as:
- 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
Florida Statute 678.18
This right to seek compensation extends from Florida Statute 678.18, otherwise known as the wrongful death clause. According to this section, when a person’s death is caused by the wrongful act, negligence, default or breach of contract of another person or entity, the estate of the deceased person has the legal right to seek remedy – in the form of monetary compensation – for that death and the losses stemming from that death. The statute states that such a lawsuit can be filed by the personal representative of the deceased person’s estate on the behalf of the deceased’s estate and any qualifying surviving family members. The law defines a qualifying surviving family member as a spouse, children, parents and “any blood relative or adoptive sibling who is partly or wholly dependent on the decedent for support or services”.
Did you know that Florida has a strict statute of limitations for filing a wrongful death lawsuit? What this means is that if you fail to bring a claim within four years of the accident your right to compensation could be denied. To ensure you get the compensation you and your family deserve, contact the Law Offices of James O. Cunningham, P.A today and schedule your free initial consultation.