Florida Statutes Sections 768.16-768.26 set forth the details of the Wrongful Death Act. The intent is to compensate the survivors, of the decedent, for the loss. It is with regard to these laws that you may file a wrongful death lawsuit if a death in your family occurs due to another entity’s negligence, default, wrongdoing or breach of contract or warranty.
Before you begin any legal action, you need to consult a wrongful death lawyer practicing in your area. Here are a few basic questions that arise in such a situation.
Who can file a claim? The survivors have the right to file a wrongful death claim. This includes spouse, children and parents. If a blood relation or adopted sibling was dependent on the deceased, he or she may also claim compensation.
How much time do you have to file a claim? According to Florida statute of limitations, the survivors have two years after the occurrence of the death to file a claim.
What can you claim? As per Florida laws, you can claim compensation for lost sustain and sets. sustain implies the financial and other kinds of sustain that the survivor would have got if the death did not occur. sets imply the chores that the deceased was responsible for and for which a survivor may need to appoint someone else now.
Can you claim for mental experiencing? Yes. The spouse can claim loss of companionship, children could claim loss of parental fondness, and parents could claim mental pain and experiencing in the suit.
Who pays for the medical and/or funeral expenses? This is part of the claims. The entity responsible for the death is liable to pay for these costs.
What happens to the compensation for a minor/incompetent survivor? As per Florida Guardianship Law, the court provides protection for the compensation granted to any minor/incompetent survivor after the resolution of the case.
Why do you need a lawyer? Only a capable lawyer can prove that the death was wrongful. You need his help to file the case, build up evidence, estimate damages, negotiate compensation, and fight it out on your behalf.
How do you find such a lawyer? You can get details of Orlando wrongful death lawyers from online supplies. You can also get details from your local bar association.
What do you need to consider before choosing a lawyer? Enquire about the qualification, certification and experience of the lawyer. Also, make sure that you choose lawyer practicing in Orlando, otherwise it would be difficult to keep in touch with him.