Orlando Wrongful Death Attorney

Wrongful Death Claims

Accidents are the third leading cause of death in the United States and more than 160,000 people die from unintentional injuries each year. These injuries can happen in traffic accidents, at work, or even as a result of medical malpractice. Sadly, the majority of these fatal injuries could have been prevented.

When you lose a loved one because someone else failed to take the appropriate care, your loss can be that much more difficult. While there is nothing we can do to bring your loved one back, Maaswinkel Law, P.A. can help you seek closure and justice by holding negligent parties responsible for their actions.

Common Causes of Wrongful Death Actions

Wrongful death claims can be inspired by several types of accidents and even intentional actions. Sometimes, criminal courts do not convict murderers, but civil courts find them liable for wrongful death. Other times, a criminal will be both convicted for murder and found liable for wrongful death.

Outside of intentional torts, common causes of accidental death include:

• Workplace accidents (especially at construction sites)
• Car accidents
• Truck accidents
• Motorcycle accidents
• Fatal dog attacks
• Slips, trips, and falls (especially for people over 65)
• Instances of medical malpractice
• Defective products
• Unsafe premises
• Nursing home neglect and abuse
  

Who Can File for Wrongful Death?

Losing a close friend or romantic partner can be difficult, but unless you were married to your loved one or related to them by blood or law, the state of Florida will not allow you to recover damages from a wrongful death lawsuit. Additionally, the personal representative of the deceased person’s estate must file on the family’s behalf.

In Florida, the family members who can benefit from a wrongful death lawsuit are:

• The decedent’s spouse
• Their surviving children
• Their parents

Aside from these parties, any blood relative or adoptive sibling who is “partly or wholly dependent on the decedent for support or services” may also be entitled to damages. Still, the deceased individual’s claim must be handled by their personal representative.

Wrongful death claims are regulated by the Florida Wrongful Death Act and Chapter 768 of The 2019 Florida Statutes.

If you have questions about the law, you can always count on Maaswinkel Law, P.A. for the answers and legal advice you need.

How Long Do I Have to File?

After a devastating personal loss, filing a lawsuit may be the last thing on your mind. Nevertheless, you will need to file within 2 years of your loved one’s death in order to protect your right to legal action. If you fail to meet Florida’s statute of limitations (or filing deadline), you will lose your ability to pursue damages altogether. Technically, you can still file after this deadline expires, but the defendant can quickly have your case dismissed.



Unlike most deadlines, the statute of limitations for wrongful death actions does not include any exceptions. The sooner you begin building your case, the stronger your wrongful death claim will be.