Our firm serves Central Florida with offices in the Florida counties of Brevard, Citrus, Hillsborough, Lake, Marion-Sumter, Orange, Osceola, Polk, Seminole and Volusia. James O. Cunningham is an empathetic Winter Haven accidental death lawyer who understands the effect of a tragic, senseless death on a family. He has provided representation under the Florida wrongful death law for over three decades and dedicates his practice to holding negligent parties accountable for their actions.
What Is Wrongful Death?
Under the Florida wrongful death law, an accidental death is not necessarily wrongful unless the death would not have occurred but for an act of negligence, recklessness or malicious intent. Here are examples of wrongful death:
Distracted Driving Wrongful Death
A pedestrian crosses a street legally, walking within the designated crosswalk and crossing when given the traffic signal to do so. The driver of a vehicle runs the red light, striking and killing the pedestrian. It was later determined that the driver was texting on a cell phone. The driver was negligent in two regards: 1) driving while distracted and 2) disobeying a traffic signal. Therefore, the death was negligent.
A patient dies during a surgical procedure. Proof has to show that the death occurred because of a surgeon’s negligent actions. If the surgeon acted within the medical standard of care, the death may not be negligent under Florida wrongful death law.
Other causes of wrongful death include car accidents, truck accidents, boating accidents, motorcycle accidents, aviation accidents, construction accidents, defective equipment and defective products. It may even include homicide or assault.
Florida Wrongful Death Law
The Florida Wrongful Death Act is under Florida Statutes 768.16–768.26. It is understandable that you may not understand what this means; the average person is not expected to be versed in legalese. Statutes are federal or state written laws enacted by a legislative body like Congress or your state legislature. The Florida Wrongful Death Act sets out what constitutes a wrongful death and what compensation the law allows within that state.
Do You Need a Wrongful Death Lawyer?
Yes, it is advisable. If you are in Polk County, or anywhere in Central Florida, you should consult with a knowledgeable Winter Haven accidental death lawyer like James O. Cunningham. He is familiar with the applicable statutes and can ensure that you request the full compensation to which you and your family may be entitled.
Mr. Cunningham extends compassionate and honest legal advice. He evaluates your claim to determine if your claim is valid, which family members or beneficiaries are entitled to compensation and what those damages might be. He understands that after a family member dies unexpectedly, the family is grieving. Adding the element of negligence adds even more distress.
If you lose a loved one to an accidental or intentional death, call any of the locations of the Law Offices of James O. Cunningham, P.A. Mr. Cunningham is a diligent Florida wrongful death attorney who will guide you through the legal process. He explains your legal options under Florida wrongful death law in a manner that is easy for you to understand so that you and your family members can make educated decisions about what is best throughout the legal process.