What is Considered a Wrongful Death?
When someone dies because of someone else’s negligence or intent, family members and those close to the individual are allowed to make a claim for wrongful death. This claim is to bring compensation for the death of the individual in terms of loss wages, affection, etc.
Elements of a Wrongul Death Claim
- Death of an individual
- Death caused by negligence
- The defendant must have had a duty towards the deceased such as being in charge of their safety or not causing harm
- Monetary loss of relatives
- If the relatives relied on the deceased as a source of income, they are allowed to file a claim for compensation.
Establishing Negligence or Intent in a Wrongful Death Claim
- The plaintiff must find proof that the defendant had a duty to the deceased individual, in terms of following rules or ensuring safety.
- The plaintiff must find proof that the defendant violated their duty to the deceased individual.
- The plaintiff must find proof that the defendant’s actions of violating their duty caused the death of the deceased individual
Who Can File a Wrongful Death Claim?
Those who can file are called, “real parties of interest”. They are related or financially dependent on the deceased. In all states, immediate family is allowed to file a claim. In Florida if you are related to the deceased you are allowed to file a claim, including:
- Spouse
- Children
- Parents
- Dependent blood relatives
- Dependent adoptive brothers or sisters
- Child born outside of wedlock of a mother
- Child born outside of wedlock of a father - if the father is responsible for child support
Who Can be Sued?
- Those who can be sued very case to case, but they must have caused death due to negligence or intent.
- This claim can be made for the murder of an individual and require less standard of proof than a criminal case. However, the individual being charged may not always be charged with the crime of the deceased person.
Exceptions - Immunity Under Florida Personal Injury Law
States vary in terms of immunity. Some governmental agencies have immunity. In Florida some examples of those who have immunity are:
- Certain employers
- Good Samaritans
- Emergency care facilities and their employees
- Medical employers if they took no compensation
- Those who work for non-profits
Which Damages May Be Recovered In A Wrongful Death Claim?
- Pain and suffering of the deceased before death
- Medical expenses before death
- Expected income
- Funeral costs
- Loss of inheritance
- Loss of affection
- Loss of businesses
- Loss of nurture and care
Contact Our Experienced Wrongful Death Lawyer in Orlando
If you or someone you love has been killed because of the negligence of others in Orlando or vicinity, our experienced Orlando wrongful death lawyer can help! Please call us today at (407) 502-3000 or fill out our online form. We will get back to you shortly. We have helped many clients in the past! We have a 24-hour emergency service and offer a free case evaluation. We can assist you in English, Arabic, Portuguese and Spanish.