Your relationship to the decedent will determine whether you are eligible to sue for wrongful death in an Orlando motorcycle accident claim. According to Florida Statutes § 768.20, only a personal representative of the decedent’s estate can initiate a wrongful death action. The representative can sue for wrongful death and recover compensation on behalf of the decedent’s beneficiaries.
If you lost a loved one in an Orlando motorcycle accident, you may be able to recover the cost of your damages if:
- You know (or believe) that one or more parties are responsible for your loved one’s passing.
- You would like to seek justice through a wrongful death claim or lawsuit.
- You are a member of the decedent’s immediate family, such as a spouse or child.
If you are considering bringing a wrongful death action, or you would like to learn more about the process, then you may speak with the team of an Orlando motorcycle accident lawyer.
Recoverable Damages in an Orlando Wrongful Death Case
Florida Statutes § 768.21 outlines the types of damages you may be able to recover through legal action.
Some of the losses that you could be entitled to collect following your loved one’s passing include:
- Pain and suffering
- Loss of consortium
- The decedent’s medical bills
- Loss of financial protection for any of the decedent’s dependents
- Loss of the deceased’s future income
- Funeral expenses
The types of damages that you are eligible to recover will rest on your relationship to the deceased party. For example, if you are the decedent’s child, you may be able to recover compensation for loss of parental companionship, instruction, and guidance. If you are the decedent’s spouse, you may be able to recover compensation for loss of protection.
Bringing a wrongful death lawsuit may be a way for you to seek justice after an immense loss. A lawyer can be your advocate throughout the legal process. They can handle as much of your case as possible so that you may focus on spending time with your loved ones.
A Lawyer Can Handle Your Orlando Wrongful Death Case
You may be uncertain about the work involved in suing for wrongful death after an Orlando motorcycle accident. During this challenging time, you may choose to work with a lawyer in your area who can handle the obligations that go into building a successful case.
You may hire a lawyer because:
- They have experience pursuing wrongful death cases related to traffic accidents.
- They have knowledge of relevant laws, statutes, and extenuating circumstances as they relate to your particular situation.
- You do not feel comfortable in your knowledge of wrongful death law.
- You do not have time to handle a lawsuit on your own.
Whatever motivates your decision to hire a lawyer, you can expect your legal team to handle as much of the legal process as they possibly can. Your lawyer will create and file your lawsuit, then take every step necessary to complete your case.
Some of their specific responsibilities may include:
- Assigning liability for your loved one’s accident to all responsible parties
- Building your wrongful death case
- Gathering evidence that supports your case
- Calculating the value of your losses
- Collecting medical records and other evidence of how your loved one’s death occurred
- Negotiating a settlement with the involved parties
- Completing a trial, if an out of court settlement cannot be reached
Your legal team’s goal is to bring about a fair resolution to your Orlando wrongful death case.
You Typically Have Two Years to File a Florida Wrongful Death Lawsuit
Depending on the circumstances of your loved one’s passing, you may not have a long time to file a wrongful death lawsuit. Per Florida Statutes § 95.11, you typically have two years from the date of your loved one’s death to file a lawsuit. You may be granted additional time to act based on the facts of your case. However, to safeguard your legal interests, you should get in touch with a lawyer as soon as possible. You do not want to miss out on your chance to seek justice and compensation for your losses.
Call the Law Offices of Anidjar & Levine Today
At the Law Offices of Anidjar & Levine, we will go the extra mile for you and your loved ones. We understand that a wrongful death case requires responsive legal care. Call our team today at 1-407-500-4000 for a free consultation. We can explain whether you can sue for wrongful death in an Orlando motorcycle accident claim.