The sudden loss of a family member can trigger profound and lasting grief. It can also cause you to experience confusion and even anger if you have reason to believe that the death was preventable. Coping with the emotional aftermath of such a tragedy can feel overwhelming for those left behind. While it cannot bring your loved one back, you may be able to hold the responsible party (or parties) accountable and obtain financial security for your family through a Florida wrongful death lawsuit.
If you recently lost a loved one and you believe that the death could have been prevented, you are likely feeling overwhelmed at the prospect of navigating an unfamiliar legal system in the pursuit of justice for your loved one and surviving family members. Knowing where to seek support is crucial. The Orlando wrongful death attorneys at Malik Law are committed to identifying the negligent party (or parties) and to helping survivors recover damages for actual costs related to the death as well as for the loss of future financial and emotional support.
What Makes a Death a Wrongful Death in the State of Florida?
The death of a family member due to natural causes after they have lived a fulfilling life brings sorrow, yet we find comfort in accepting the cycle of life. When a life is unexpectedly cut short, however, by the negligent acts or omissions of another party, we understandably want that party to be held accountable. It is these circumstances that make a death a wrongful death in the eyes of the law. Common examples of circumstances that often lead to a wrongful death include:
- Pedestrian accidents
- Car accidents
- Boating accidents
- Defective products
- Swimming pool accidents
- Criminal acts (intentional wrongdoing)
- Truck accidents
- Birth injuries
- Construction accidents
- Premises liability accidents
- Motorcycle accidents
- Amusement park accidents
- Aviation accidents
- Medical errors
What Is the Florida Wrongful Death Act (FWDA)?
Just as an injured car accident victim has a legal right to pursue compensation from an at-fault driver, the law allows eligible surviving family members the right to pursue the party or parties responsible when a death could have been prevented. In the State of Florida, the Florida Wrongful Death Act (FWDA) governs wrongful deaths. Under the FWDA a wrongful death is defined as “…the death of a person that is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued…” Whether a death was a wrongful death is a legal question. If you believe that a family member’s death was preventable, the Orlando wrongful death attorneys at Malik Law can evaluate the circumstances surrounding the death and discuss your legal options with you.
Am I Eligible to Pursue a Florida Wrongful Death Lawsuit?
Although the law does allow a pathway by which a party responsible, in whole or in part, for a death can be held accountable and surviving loved ones can be compensated, the law also limits who is eligible to file as a claimant in a wrongful death lawsuit.
A wrongful death lawsuit may only be initiated by the decedent’s personal representative in the State of Florida. Typically, this is the Executor of the decedent’s estate. Once a wrongful death lawsuit has been filed, however, other surviving family members may qualify to pursue damages (compensation) from the at-fault party. The FWDA allows the following people to claim damages in a wrongful death lawsuit:
- The decedent’s spouse.
- The decedent’s children.
- The decedent’s parents.
- Any blood relative and adoptive brothers and sisters if they were partly or wholly dependent on the decedent for support or services.
- Children born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.
Is There a Time Limit for Filing an Orlando Wrongful Death Lawsuit
Just like the prosecution must initiate a criminal prosecution within a specified time period or they are barred from ever doing so, a civil litigant must also file a lawsuit within the applicable statute of limitations time frame to preserve the right to seek compensation from the defendant. In Florida, the law sets the statute of limitations period at just two years from the date of death. There is no limit set by law on when a wrongful death lawsuit must be concluded; however, to preserve your right to pursue compensation the lawsuit must be filed within the two-year statute of limitations period. This is only one of the many reasons why it is in your best interest to consult with the Orlando wrongful death attorneys at Malik Law immediately if you have questions or concerns about the circumstances surrounding the death of a loved one.
What Compensation Is Available in an Orlando Wrongful Death Lawsuit?
In a Florida wrongful death lawsuit, both the estate of the decedent and eligible claimants (surviving family members) may be entitled to damages. “Damages” is a legal term that essentially means “compensation” in a civil lawsuit. Damages in a Florida wrongful death lawsuit are governed by Section 768.21 of the FWDA which allows for the following types of damages:
- Damages that may be awarded to the estate. Compensation awarded to the estate is intended to represent damages to which the decedent is entitled for injuries that occurred before his/her death and/or are related directly to the decedent’s death. These damages are paid directly to the estate and then distributed to the beneficiaries and/or legal heirs of the estate and may include:
- Lost wages, benefits, and other earnings, from the time of injury to the time of death.
- Lost “prospective net accumulations” of the estate, or the value of earnings the estate could reasonably have been expected to collect if the decedent had lived.
- Medical and funeral expenses that were paid by the estate directly.
- Damages that may be awarded to survivors. These damages are intended to compensate eligible survivors for both the financial impact and emotional trauma suffered by the survivors because of the wrongful death. The type of damages available to a survivor will depend on the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the survivor, and the replacement value of the decedent’s services to the survivor may be considered.
Get Help from Orlando Wrongful Death Attorneys
If you believe that another party is responsible for the death of a loved one, the Orlando wrongful death attorneys at Malik Law can help. Let us put our extensive experience, vast resources, and staunch commitment to work seeking justice for you and your loved ones. Call us at 407-500-1000 or submit our online form today. One of our experienced Orlando wrongful death attorneys will explain your rights to you and discuss your legal options at no cost.