If you've recently lost someone that you love, please accept our heartfelt condolences. We understand that this is a challenging time for you, your family, and your closest friends. We hope that your days are filled with gestures of kindness from loved ones, coworkers, and others who surround you in your daily life during this difficult time.
If you're searching for legal representation in order to seek damages within a wrongful death case, the Law Offices of James O. Cunningham, P.A. are here to serve you. Whether you are a visitor or resident of Central Florida, such as Daytona Beach, Deland, Kissimmee, Lake Mary, Tampa, Orlando, Winter Haven, or elsewhere, contact our compassionate staff.
If another party – a person, company, or other organization – might be held liable for the death of your loved one, you and yours might be entitled to financial compensation important to your future and essential to your quality of life. We understand that the weeks, the months, and sometimes the years following the loss of a family member are hard. Grief comes in many forms, and at times it can feel impossible to focus on work, daily tasks, or much of anything. For a period of time, the thought alone of attempting to navigate the multifaceted legal system can be too much for surviving family members to bear. This being said, there are a number of reasons why you should consult an experienced lawyer who is knowledgeable in the area of wrongful death. Moreover, you should consult with legal professionals sooner rather than later due to statutes of limitations, which restrict the period of time within which survivors can seek compensation.
Who Can Seek Damages in a Wrongful Death Case?
Orlando wrongful death attorney James O. Cunningham is frequently asked who can sue for a wrongful death. Depending on the state within which the incident leading to the death has occurred, the “real parties of interest,” or the representatives of the deceased, may be immediate family members such as husbands, wives, biological children, adopted children, parents, brothers, sisters, grandparents, long-term significant others, or anyone else who suffered financially. Who may sue for wrongful death varies greatly from state to state. Whether you are a resident or a visitor of Orlando, Tampa, DeBary, Inverness, or another area of Florida, it's important that you hire legal representatives who are well versed in Florida Law.
Who Might Be Held Liable for Wrongful Death?
Agencies, employers, employees, companies, private parties, company owners, neighbors, government representatives, caretakers, and others can be sued if they are found liable for an accident that has led to a fatality or fatalities. To be held liable, a person or group must have acted in a way that led directly to the death. Under certain circumstances, this can include negligence or the omission of certain care or certain acts for which a party was responsible. Some examples of potentially accountable parties might include:
The most common causes of wrongful death include traumatic brain injuries, car accidents, medical malpractice, unsafe properties and premises, and employment-related fatalities.
Challenges That Follow The Unexpected Loss Of A Loved One
We understand that no amount of monetary compensation can make up for the loss of your loved one. These tragedies, however, oftentimes lead to other unexpected hardships. In a marriage, for example, the loss of a spouse's income can result in the loss of the marital home as the surviving husband or wife might not be able to afford mortgage payments. Other all-too-common post-accident situations relate to hospital, clinic, and medication fees.
If your loved one was hospitalized for a period of time prior to his or her death, emergency room and other care can be extremely expensive. Health insurance can help immensely, but deductibles can be a real obstacle, and not everyone has health insurance. Funeral expenses can be astronomical, as well. It is not uncommon for a funeral with burial in the state of Florida to cost approximately $10,000.00 or more. These are only a handful of unanticipated expenses that survivors of the unexpectedly lost might encounter. For these reasons, depending of state-specific laws, loved ones might seek compensation for the following damages:
- Funeral expenses
- Loss of companionship
- Hospital, ambulance, and other medical expenses
- Loss of care, nurturing, or guidance
- Pain and suffering or mental anguish
- Loss of consortium
- Loss of expected salary
- Loss of health insurance or retirement benefits
- Treble damages
- Attorney fees
Many victims of wrongful death suffer a number of medical complications prior to their passing on. Traumatic brain injuries, paralysis, spinal cord injuries, third-degree burns, complex fractures, torn ligaments, cardiac arrest, amputation, memory loss, major organ failure, and other life-threatening conditions are expensive to treat. Doctor, imaging, ambulance, medication, surgical, hospital, and other medical-related fees should be considered when survivors seek damages. Insurance deductibles can be significant, as well.
In order to ensure justice, Florida's legal system is complex so that it can account for a number of different situations and circumstances. Therefore, calculating compensation can be challenging. Experienced professionals, such as the seasoned legal staff members of the Law Offices of James O. Cunningham, P.A., should be consulted.
Moreover, you've been through enough, and a compassionate yet assertive attorney can make all the difference when it comes to wrongful death legal proceedings. We're passionate about helping those who seek our services. We understand that you're grieving, and we can thoroughly explain the process of seeking damages owed due to wrongful death circumstances.
At the same time, we're aggressive within the court system. This is how we've earned our record of success in obtaining the damages essential to the stability of our clients' futures. We'll orchestrate expert opinions, such as actuaries, accident reconstructionists, medical professionals, housing experts, and others in order to accurately calculate and fight for the proper amount of compensation for childcare, household needs, medication costs, transportation expenses, mortgage payments, education, and other relevant living expenses.
Another factor considered by the court system is the relationship between the deceased and the loved one or loved ones seeking economic and/or non-economic damages. The income of the late loved one and the value of the services that he or she provided to the survivors will be carefully taken into account. Natural life expectancies are factored into the complex equations, as well. Punitive damages may or may not be relevant to your case.
We understand that hiring an attorney may not feel like a priority during this time of grief, but we urge you not to wait to seek legal guidance. Statutes of limitations often provide hard and fast timelines within which survivors can act, and like any complicated process, the legal system will take some time to navigate. Therefore, loved ones should act right away in order to ensure that they have a plan for the continuation of their own health insurance, for paying the mortgage, for taking care of their minor children, and more.
Florida Wrongful Death Lawyers
For almost four decades, James O. Cunningham has been winning personal injury and wrongful death cases in Central Florida and he's renowned for his sincere dedication to his clients. Having been in the field since 1977, Mr. Cunningham has opened offices in several Florida locations so that he can best serve the area. We understand that in the midst of major life changes, navigating the chaotic Orlando-area highway system, for example, can result in additional and unnecessary stress.
Wrongful death is a particularly complex area of legal practice. This is, in part, due to the crossover that takes place between and amongst the different yet relevant areas of the legal system. In the event of birth injuries, negligently inaccurate diagnosis, and unnecessary surgeries, for example, the attorney with whom you work will need to be knowledgeable in medical malpractice law in addition to wrongful death law. In other cases, product liability, personal injury, and other specializations might be relevant.
Our firm understands the suffering that loved ones face after a wrongful death. We are dedicated to our clients and to helping central Florida visitors and residents seek damages for these hardships. We offer no-charge, obligation-free initial consultations. Contact our office at 877-FL-INJURY (877-354-6587).
Additional Wrongful Death FAQ's and Information
- Who Can File a Wrongful Death Claim?
- Florida Wrongful Death Act | Statute 768.16
- How Are Damages Calculated
- What Can Be Recovered?
- Statute of Limitations
- Surviving Child's Right to Sue
- Parent's Right to Sue
- Death of a Survivor Prior to Judgement
- Wrongful Death Support vs. Services
- What is a Surviving Spouse's Right to Sue?
- The Complexities of Wrongful Death Cases
- ‘Other Heirs’ Right To File Suit