Orange City Wrongful Death Lawyers

Compassionate & Aggressive Legal Advocacy

When a loved one dies, the emotional and financial toll can be overwhelming. This is especially true when the death was caused by someone else’s negligence or misconduct. In these cases, the surviving family members may be able to file a wrongful death claim to recover compensation for their losses.

At Politis & Matovina, P.A., we understand that no amount of money can ever make up for the loss of a loved one. However, we also know that financial stability can help you and your family move forward during this difficult time. Our Orange City wrongful death lawyers can help you navigate the legal process and maximize your entitled compensation.

Call (386) 333-6613 or contact us online today to request a free, confidential consultation.

What is a Wrongful Death?

Under Florida law, a “wrongful death” is a death that is caused by the “wrongful act, negligence, default, or breach of contract” of another person or entity. In other words, if someone dies because of another person’s or party’s wrongful conduct, the surviving family members may be able to file a wrongful death claim.

Some common examples of wrongful death cases include:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Pedestrian accidents
• Bicycle accidents
• Workplace accidents
• Defective products
• Medical malpractice
• Premises liability
• Criminal acts

Who Can File a Wrongful Death Lawsuit in Florida

In Florida, a wrongful death lawsuit can be filed by the personal representative of the deceased person's estate. The personal representative is typically appointed by the court and is responsible for representing the estate's interests, including bringing legal actions on behalf of the deceased person.

The Florida Wrongful Death Act outlines who can be considered as beneficiaries in a wrongful death lawsuit. The following individuals are commonly recognized as eligible beneficiaries:

1. Spouse: The surviving spouse of the deceased person is generally considered a primary beneficiary.
2. Children: If the deceased person had surviving children, they are often recognized as beneficiaries in a wrongful death claim.
3. Parents: If the deceased person had no surviving spouse or children, the parents may be considered beneficiaries.
4. Dependents: Other family members or individuals who were partly or wholly dependent on the deceased for support or services may also be considered beneficiaries.

In some cases, other individuals who can prove financial dependency on the deceased or who can demonstrate that they have suffered financially as a result of the death may also be eligible to seek damages in a wrongful death lawsuit.

What Damages Are Available in a Wrongful Death Case?

When a person dies, the surviving family members may be left with significant financial burdens. This is especially true if the decedent was the primary wage earner in the family. In addition to the financial losses, the surviving family members may also suffer from immense emotional pain and suffering.

As such, Florida law allows the surviving family members to recover compensation for both economic and non-economic damages, including:

• Medical expenses incurred prior to the decedent’s death
• Funeral and burial costs
• Lost income and benefits
• Loss of future earnings
• Loss of companionship, guidance, and support
• Loss of consortium
• Pain and suffering
• Mental anguish

In some cases, the surviving family members may also be able to recover punitive damages. Unlike compensatory damages, which are intended to compensate the plaintiff for their losses, punitive damages are intended to punish the defendant for their particularly egregious or wrongful conduct. In Florida, punitive damages are only available in cases where the defendant’s actions were intentional or grossly negligent.

How Long Do I Have to File a Wrongful Death Lawsuit in Florida?

In Florida, the statute of limitations for wrongful death claims is two years from the date of the decedent’s death. This means that you have two years from the date of your loved one’s death to file a wrongful death lawsuit. If you fail to file a lawsuit within this time frame, you will likely be barred from recovering any compensation for your losses.

There are a few exceptions to this general rule. For example, if the wrongful death was caused by medical malpractice, the statute of limitations may be extended. Specifically, you may have two years from the date that you discovered (or should have discovered) the malpractice to file a wrongful death lawsuit. However, the total time to file a claim cannot exceed seven years from the date of the decedent’s death.

Additionally, if the wrongful death was caused by a criminal act, the statute of limitations may be tolled. This means that the clock may not start ticking until the criminal case has been resolved. If you are unsure about how long you have to file a wrongful death lawsuit, it is best to consult with an experienced attorney as soon as possible.

How Can a Wrongful Death Lawyer in Orange City Help?

After the death of a loved one, the last thing you want to do is deal with the legal process. However, filing a wrongful death claim can help you recover the compensation you need to move forward. An experienced wrongful death attorney can help you navigate the legal process and handle all of the necessary paperwork on your behalf.

At Politis & Matovina, P.A., our Orange City wrongful death lawyers can help you by:

• Conducting a thorough investigation into the cause of your loved one’s death
• Gathering all available evidence, including police reports, medical records, and witness statements
• Working with experts to determine the full extent of your losses
• Calculating the value of your claim
• Negotiating with the insurance company for a fair settlement
• Preparing your case for trial, if necessary
• Providing you with compassionate legal guidance and support every step of the way

Our team has extensive experience handling wrongful death cases and a proven track record of success. We know what it takes to win, and we are prepared to fight tirelessly for you and your family.

Contact us today at (386) 333-6613 to let us fight for you and your family inside and outside the courtroom.