When a loved one is suddenly and unexpectedly killed through the reckless or negligent actions of another person, the shock and sadness can be overwhelming. At the time, the idea of seeking financial damages with a wrongful death lawsuit may be the furthest thing from your mind. However, skyrocketing medical costs, lost wages, and other expenses can add up quickly, making a wrongful death lawsuit the best way to recover damages to cover the costs. Below are answers to some of the most frequently asked questions about wrongful death. For additional information, contact our Orlando, Central Florida wrongful death attorneys at McElyea, Santos & Barnard, P.A., today.
When a person is killed as a direct result of the reckless, negligent, or careless conduct of another person, a wrongful death has occurred. A person who fails to exercise the necessary care and precautions that would have prevented the death is said to be negligent, as long as the fact that their actions would result in serious injury or death could have been reasonably foreseen. Intentional acts, such as murder and manslaughter, can constitute wrongful death. Also, companies that produce defective products causing fatal injuries to consumers, a doctor whose insufficient medical care results in the death of a patient, and drivers who are involved in fatal traffic accidents can be held liable for damages in a wrongful death lawsuit.
In most states, only the parents, spouses and children (both biological and adopted) of a deceased person have the legal right to sue for wrongful death. However, some states also allow grandparents, step-children and step-parents to file suit, and other courts authorize financial creditors, beneficiaries, and other parties not directly related to the deceased person to file a wrongful death suit. Regarding the particular rules applicable in Orlando and Central Florida, the wrongful death attorneys at McElyea, Santos & Barnard have extensive experience you can rely on.
Wrongful death litigation is a particularly complex area of the law, so plaintiffs should have an experienced wrongful death attorney to represent them. Successful lawsuits seeking financial damages for wrongful death must clearly document the expense of medical bills, past, present and future lost income and earnings potential, as well as the financial value to be placed on the pain and suffering of the surviving relatives, among other damages. Only a qualified attorney who has extensive experience in handling wrongful death cases should be hired to represent you. Residents in Orlando and throughout Central Florida can count on the wrongful death attorneys at our firm to competently and professionally handle their lawsuit. Contact the Law Office of McElyea, Santos & Barnard today.
To schedule a free consultation with our Orlando and Central Florida wrongful death attorneys, contact the law office of McElyea, Santos & Barnard, P.A., today.
McElyea, Santos & Barnard P. A.