Any accident can rack up thousands of dollars in medical expenses and lost wages, but particularly fatal accidents put more burdens on you. When you lose a loved one due to a wrongful death, you have the cost of the funeral, the loss of their income, and of course you need time to grieve. All of these things are costs related to the death and they can add up quickly, so if your loved one died due to someone else’s negligence it may be possible for you to go to court and ask for compensation by filing a wrongful death claim in working with a wrongful death lawyer in Altamonte Springs, FL.
Florida law allows family members to file a wrongful death claim if a person’s death was caused by the wrongful act of negligence, default or breach of contract. This means that wrongful death claims apply to situations where the decedent was intentionally killed as well as to accidents that involve negligence or malpractice.
This type of claim is a civil court claim, filed for the purpose of seeking out monetary compensation for damages. Florida is a state that has a similar type of claim called survival action claim, which is where you aim to recover damages on behalf of the deceased party but do not claim the deceased passed away due to reckless or intentional actions of another person.
Survival claims merely seek damages for wages that the deceased could’ve recovered if they were still alive. But this does not answer the question of who can file a wrongful death claim or is a survival action claim. The parents, spouses or children of the decedent can file a wrongful death lawsuit, or survival action claim. However it can get tricky if a child wants to file a claim and their parents are not married.
If you have questions about filing a wrongful death claim reach out to Presser Law PA, so that a wrongful death lawyer in Altamonte Springs, FL such is just an express or can help you with your claim. Justin H Presser is an award-winning lawyer and the founder of Presser Law PA, and has a lot of experience representing clients in the years of personal injury, car accidents, motorcycle accidents, wrongful death and much more. He and his law firm serve Central Florida, and has many designations such as the Florida Justice Association, the Florida bar, America’s top 100 personal injury attorneys badge, Central Florida Trial Lawyers Association and more.
Often times the damages that you are asking for might include the value of some or and services of the decedent provided to the family, the value of companionship, guidance and protection that the decedent provided, the value of mental and emotional pain and suffering from losing a child or family member, medical or funeral expenses that was paid by a surviving family member, medical or funeral expenses that were paid by this estate, the value of wages, benefits or earnings of the decedent could’ve expected to make or receive and much more.
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