Have you lost a loved one under negligent circumstances? Are you wondering whether the death of your loved one qualifies as wrongful death? Are you seeking compensation for the wrongful death of a loved one in Florida? Well, you need to work with the best Ocoee wrongful death lawyers to make sure that your case is handled in the best way possible. Thanks to Winters and Yonker, you can count on the most experienced legal representation for wrongful death cases in Ocoee, FL.
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How Is Wrongful Death Defined In The State Of Florida?
Wrongful death claims are filed when the death of a loved one is caused by negligence, wrongful acts, default or breach of contract or warranty. Some of the common causes of wrongful death include the following.
- Automobile accidents
- Airplane accidents
- Medical malpractice
- Product liability
- Workplace accidents
If you have lost a loved one because of any of these accidents and you suspect it is a wrongful death, you need to contact the personal injury lawyers at Winters and Yonker immediately. We should be able to file a wrongful death claim to make sure that you are compensated for the wrongful death of your loved one.
Who Is Qualified To File A Wrongful Death Claim In Florida?
A personal representative of the deceased should be able to file a wrongful death claim in Florida. The representative is usually named in the deceased’s estate or will but if none is available, the court will appoint the representative. Note that, the claim is brought forward on behalf of the deceased’s next of kin. The representative should list every survivor who is interested in the case.
In Florida, you can file a wrongful death claim if you are:
- The spouse to the deceased.
- The deceased’s children
- Parents to the deceased
- Blood relative or adoptive sibling who is wholly or partly dependent on the deceased for support.
Note that, if you are a child of an unmarried parent and your mother is deceased, you can file a wrongful death claim. However, if your father is deceased, you can only receive damages if your father had formally recognized you as his own and provided support. If you are unsure whether or not you are qualified to file a wrongful death claim, call Winters and Yonker today and get the best information on how to proceed with your lawsuit.
What Types Of Damages Are Recoverable In A Wrongful Death Lawsuit In Florida?
If you want to qualify for compensation for a wrongful death claim in Ocoee, FL, you need to file the claim within 2 years after the date of the deceased. Once the statute of limitations expires, your case will be voided. However, there are specific circumstances under which the statute of limitations can be extended but it depends on the judge in question.
Once you have filed your wrongful death claim in Florida, you should expect the following types of damages. Note that a wrongful death claim is usually a civil suit so the damages will only be expressed as money. Some of the damages received include the following.
- The value of support and services offered by the deceased person to the next of kin.
- Loss of protection, companionship and guidance from the deceased person.
- Medical and funeral expenses for the deceased person.
- Lost wages and benefits as well as any other earnings and expected future earnings if the deceased’s life had not been cut short.
If there are no surviving family members, the estate can file the wrongful death claim and recover these damages on behalf of the decedent. You need to work with the best and most experienced wrongful death attorney in Ocoee, FL if you want to receive your rightful compensation without any hassles. Call Winters and Yonker today to get a free consultation with the best wrongful death lawyer in Ocoee, FL.
How Is Negligence Proven In A Wrongful Death Case?
After filing a wrongful death case in Ocoee, FL, we can prove negligence in the following ways.
First, we need to prove that the plaintiff owed the deceased a duty of care in the specific situation.
- Secondly, we need to prove that the plaintiff breached and violated their duty of care to the deceased. Simply put, we need to show the court that if any other reasonable person in the same situation would have acted in the right way and not in the way the plaintiff acted.
- Third, we need to prove that the actions of the plaintiff directly resulted in the death of the deceased.
- Finally, we need to prove that the actions of the plaintiff resulted in the death of the deceased and nothing else led to their death.
By working with Winters and Yonker, we can make sure that we have sufficient evidence for the wrongful death claim without any hassles. Call us now to make an appointment!
How Do You Start A Wrongful Death Claim In Florida?
If you have qualified to file a wrongful death claim on behalf of your deceased loved one, you need to contact an experienced wrongful death attorney immediately. Winters and Yonker is ready to help with the compensation claim to make sure that you receive your rightful compensation.
Review Your Claim With Our Ocoee Wrongful Death Lawyers
Are you planning to file a wrongful death claim in Florida? Well, you need the best injury law firm for the job. Winters and Yonker is here to help with any wrongful death claims in Ocoee, FL. We have worked on numerous wrongful death claims over the years we have been in business and are ready to start working on yours. We have a team of experts who can investigate the wrongful death case to determine whether or not you are qualified to file a claim.
Dealing with the death of a loved one can be quite challenging and emotionally distressing. Let us help you with the legal process of filing a wrongful death claim effortlessly. You don’t need to worry about the legal expenses because you can only pay after you have received your compensation. Call us now and get a free consultation with one of our top attorneys immediately.