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Loved one killed in auto accident

Written by JGarcia

Across the U.S., more than 35,000 people are killed in fatal car accidents every year according to National Highway Traffic Safety Administration (NHTSA) data. If you have recently suffered the loss of a loved one, saying you may feel overwhelmed is an understatement. In addition to intense grief and a deep sense of loss, you may have to deal with funeral expenses, handling the deceased’s estate, and an ever-growing mountain of medical bills and other expenses. At JGarcia Law Firm, our Orlando auto accident lawyers can help you gain the compensation you deserve through a wrongful death lawsuit. Our law firm can guide you through the entire process, ensuring that the only thing you have to worry about is processing your loss.

Filing a Wrongful Death Lawsuit

Florida Statutes section 768.19 states that when a person’s death “is caused by the wrongful act, negligence, default, or breach of contract” of another person or some other entity, the estate of the deceased person may bring a civil lawsuit in Florida’s courts, seeking a legal remedy for that death and the losses stemming from it.

In Florida, a wrongful death lawsuit must be filed within two years of the date of death in most cases, according to Florida Statutes section 95.11(4)(d). The deadline may be postponed, under a few specific circumstances and our experienced JGarcia attorneys will help you determine exactly when the statute of limitations expires in a certain case.

Family members who may recover damages in a Florida wrongful death case include:

  • The deceased person’s spouse, children, and parents, and
  • Any blood relative or adoptive sibling who is “partly or wholly dependent on the decedent for support or services.”

According to Florida Statutes section 768.21 damages that surviving family members may receive in these cases include:

  • The value of support and services the deceased person had provided to the surviving family member
  • Loss of companionship, guidance, and protection provided by the deceased person
  • Mental and emotional pain and suffering due to the loss of a child, and
  • Medical or funeral expenses any surviving family member has paid for the deceased person.

The deceased person’s estate may also recover certain types of damages. These include:

  • Lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived
  • Lost “prospective net accumulations” of the estate, or the value of earnings the estate could reasonably have been expected to collect if the deceased person had lived, and
  • Medical and funeral expenses that were paid by the estate directly.

How JGarcia Law Firm Can Protect  Your Rights

If you have lost a loved one in an auto accident, the last thing on your mind is engaging in a complex legal process. With the help of our experienced JGarcia auto accident lawyers, we will take that stress from you and you will only be responsible for telling your story. You can rest assured that your case will be given the best possible chance of success with our skilled team handling the legal aspects of your case. To find out how the JGarcia Law Firm in Orlando can help you seek justice for the loss of a loved one, call (407) 649-6448 or check out our website 411attorney.com today.

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