A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. An action for wrongful death belongs to the decedent's immediate family members, such as surviving spouses, children and parents. A suit for wrongful death may only be brought by the personal representative of the decedent's estate.
Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions. Actions for personal injury, conscious pain and suffering, or expenses incurred prior to the decedent's death are also brought by the personal representative. The damage awards from these actions belong to the estate and may pass to different parties as directed by the decedent's will.
At Walden Legal, we've been handling wrongful death cases for over 30 years. Our office specializes in wrongful auto, motorcycle and drowning deaths. We service Orlando, Winter Park and Central Florida. Learn more about our experience.
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