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Orlando Accident Lawyer > Blog > Wrongful Death > What is an Orlando Wrongful Death Claim?

What is an Orlando Wrongful Death Claim?


Wrongful death occurs when someone loses their life due to the negligence of another person. The negligence can be an act or the failure to act. Often times, wrongful death stems from an accident – car accident, motorcycle accident, dog attack, or trip and fall. Situations such as these often result in wrongful death claims.

Florida Law on Wrongful Death Claims

Florida law states that when an accident results in a person’s death, and the person’s death is caused by the negligence of another, the estate of the deceased person can file a wrongful death claim.

The claim can help the family recover compensation from the death and losses as a result of the death.

Who Can File a Wrongful Death Claim?

The surviving family. The surviving family rights in accidents resulting in wrongful death include filing a wrongful death claim or lawsuit. However, the right is not extended to any family member.

Florida law defines family members when it comes to pursuing wrongful death claims or lawsuits. The surviving family includes the:

  • Spouse
  • Child(ren)
  • Parent(s)
  • Dependent blood relative(s) who depended on the decedent for financial support
  • Child(ren) born out of wedlock

In many wrongful death lawsuits, the surviving spouse will be the one to file the claim. Under the Florida Wrongful Death Act, the court may appoint a personal representative to file a claim on behalf of the decedent’s estate.

Two Year Time Limit for Orlando Wrongful Death Claims

If you need to file a wrongful death claim in Orlando or throughout the State of Florida, the lawsuit must be filed within two years of the date of death, according to Florida law.

It is important to consult an experienced Orlando wrongful death attorney who can help you meet the deadline to file your case or help revive the case in the event you miss the deadline.

Types of Compensation to Recover

Although wrongful death cases are lengthy, there are several types of compensation that can be recovered in a wrongful death lawsuit. The types of compensation a surviving family can receive include, but are not limited to, the following:

  • Medical expenses
  • Pain and suffering
  • Loss of companionship
  • Loss of financial support
  • Funeral or final expenses

The person who lost their life was valuable and important to the surviving family. Although no form of compensation will bring the deceased family member back, the financial compensation will help the family carry the burden of the loss of the loved one and hopefully begin the healing process without financial constraints.

If You Need to File a Wrongful Death Claim, Call Israoui Law, The Orlando Wrongful Death Lawyers

If you or someone you know needs to file a wrongful death claim, contact the Orlando personal injury lawyers at Israoui Law. We will work with you and your family to help shoulder the burden of your loss. We’re available 24/7 and do not charge for the initial consultation. Give us a call at 407-381-4529 to discuss your wrongful death claim today. At Israoui Law, personal attention matters.

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