Client: Colling, Gilbert, Wright & Carter
Copyright 2008 Colling, Gilbert, Wright & Carter
Wrongful Death Questions
In Orlando, Florida
1. What is wrongful death?
Wrongful death is a death that results from the negligence of another that could have been avoided. In addition to the injury and death of the victim, the people who are dependent on the victim for emotional and financial support are injured as well. Acts resulting in wrongful death may include any reckless or negligent act such as careless driving and deliberate murder.
Almost every state permits the loved ones of a wrongful death victim to bring a lawsuit against the party or parties responsible. It is important to consult a knowledgeable law firm to find out what your rights are.
2. Who can sue for wrongful death?
In some states only the spouse and children can file a wrongful death suit. In others, grandparents and other relatives may also be permitted to file a suit. When the party responsible is a relative, limitations may be placed on who can file against whom.
3. How is the amount of damages determined in a wrongful death lawsuit?
Survivors are usually permitted to file for payment of medical bills as well as burial expenses. The determination of other damages caused by the absence of the victim involves estimating the amount of future damage that will be done as the result of the loss of this individual. Damages that are assessed usually include:
� An estimated amount of earnings that would have been obtained had the victim lived. This is determined by the victim's potential earning capacity before death.
� Pain and suffering experienced by the survivors due to the victim's absence
4. In filing a wrongful death claim, what is the statute of limitations?
Most lawsuits involve a time frame during which claims can be filed. Otherwise, the opportunity to file and be compensated is lost. This time limit is set by each individual state and usually begins counting down from the time of the accident or the time at which the party became aware of the injury.
5. What are survival statutes?
In a case where an injured party has begun filing a lawsuit, but dies before the case is settled, the survivors or beneficiaries have the legal right to continue the suit on the victim's behalf or on the estate's behalf.
If someone you love has suffered through an accident and died as the result of another party's carelessness, you may be entitled to file a wrongful death claim on their behalf. To learn more about wrongful death in Orlando or anywhere else in Florida, please contact The Florida Firm today.