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Florida Personal Injury Law: Wrongful Death Lawsuits

By Orlando Personal Injury Attorney on May 4, 2010

If someone dies as a result of some type of unjust action, sometimes called a tortious action, the victim’s immediate family members or the victim’s estate may be able to file a wrongful death lawsuit with the assistance of a Florida wrongful death attorney. If the defendant in a wrongful death lawsuit is determined to be liable for causing the injuries that caused the death, the victim’s family members and estate are entitled to monetary damages. As you might guess, immediate family members are the victim’s parents, spouse and children. The victim’s survivors may recover damages for several things including lost earning potential, medical and funeral expenses if paid by the deceased’s estate, pain and suffering, loss of companionship and protection and others.

Wrongful death lawsuits are classified as intentional torts, and intentional torts cover situations in which someone deliberately causes and intends to cause the consequences of an act. An experienced Orlando wrongful death lawyer such as James O. Cunningham can explain this and other legal concepts in greater detail. If a close family member has been killed, speaking with a Florida wrongful death lawyer like Mr. Cunningham is highly recommended.

In order to proceed in a wrongful death lawsuit for damages, the plaintiff and his or her Florida wrongful death attorney must provide evidence that proves the defendant caused the death. They must also prove that the defendant intended that the consequences would lead to the wrongful death and that the act or acts were a substantial factor in the injury or harm that caused the wrongful death. Unlike the burden of proof in criminal cases, the plaintiff and Florida wrongful death lawyer must prove their case by a “preponderance of evidence” in a wrongful death case.

Under Florida law, intentional torts have statutes of limitations of up to four years. However, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death in Florida. The relatively short statute of limitations coupled with the additional burden of proof required in a wrongful death case reinforces the importance of consulting with an experienced Florida wrongful death attorney such as Mr. Cunningham.

Mr. Cunningham offers free consultations to discuss your case. He has been helping clients with personal injury, wrongful death, product liability and other types of legal cases since 1977. If wrongful death caused the death of a close relative, Mr. Cunningham may be able to help. He can explain the laws that apply in plain, easy-to-understand language so that you and your family can make informed decisions about which course of action will be best for you. To schedule a free consultation with Orange County wrongful death attorney James O. Cunningham, call him today at 888.425.2004.

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James O. Cunningham

James O. CunninghamSince 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.

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