WRONGFUL DEATH

batts daniels law medical malpractice The sudden death of a loved one is devastating.  No amount of money exists that can ever replace your loved one.  But if your loved one died due to the negligence of another person, we will help you seek justice.

Wrongful death is a civil action.  This means that it is separate and apart from criminal charges that may be brought for intentional or unintentional acts that caused a death.  Common causes of wrongful death claims include: automobile and motorcycle accidents, airplane accidents, medical malpractice, product defects, construction site accidents, negligent security, and even criminal acts.

Under Florida law, survivors such as the decedent’s spouse, children, parents and other blood relatives that were partly or wholly dependent on the decedent for financial support have a “right of action” for wrongful death.

In a wrongful death lawsuit, plaintiffs may be able to recover expenses for damages, such as:

  • Medical and funeral expenses
  • Loss of income and family support
  • Emotional suffering
  • Loss of companionship
  • Mental anguish
  • Children’s loss of guidance or supervision

The lawsuit must be able to prove that the acts or omissions by the defendant were the proximate cause of death.  Due to the statute of limitations to file suit for a wrongful death claim, which in Florida is two years from the date the cause of wrongful death is suspected or confirmed, it is important to file as soon as possible.  If you are grieving the loss of a loved one due to the reckless conduct of another person and would like to find out more about how to proceed with a claim, please call our office immediately at 407-843-9088 (Orlando) or 352-562-7999 (Gainesville/Ocala).