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Filing a Wrongful Death Claim After a Fatal Ormond Beach Bicycle Accident | Debary Personal Injury Lawyer

Filing a Wrongful Death Claim After a Fatal Ormond Beach Bicycle Accident

If your loved one was killed in a bicycle accident in Ormond Beach or elsewhere in Florida, you may be eligible for compensation through a wrongful death claim.

It’s important to realize that only certain people can file a wrongful death claim in Florida and they do not apply to all fatal accidents. To help you determine your legal options during this difficult time, you’ll want to consult with an experienced Ormond Beach bicycle accident lawyer.

After a fatal bicycle accident in this state, any survivor of the deceased may be eligible to recover damages. In Florida however, the only person who can file the wrongful death claim is the deceased’s personal representative. This person must make a claim on behalf of the deceased’s estate and for each individual survivor.

The personal representative is typically designated in the deceased’s will, but can also be appointed through the courts. Usually it’s a family member, but in some cases, a bank or other entity may be appointed as the estate’s or survivors’ personal representative.

The survivors of the deceased’s estate may include:

  • His or her spouse;
  • the children;
  • the parents; and
  • the deceased’s blood relatives and in some instances, even heir adoptive relatives.

Florida law specifies different types of compensation for the survivors versus those allocated for the deceased’s estate, which is dispersed according to the deceased’s will or according to state law when no will exists.

While nothing can right the loss of a loved one to a Florida fatal bicycle accident, certain types of damages can be recovered by survivors and certain expenses can be recovered by the deceased’s estate.

The damages survivors can recover in wrongful death claim in Florida include:

  • loss of support and services;
  • loss of protection and companionship;
  • loss of parental guidance, companionship and instruction;
  • Suffering and pain; and
  • medical and funeral costs paid for by the survivor.

The damages the deceased’s estate can recover include:

  • loss of the deceased’s net accumulations (how much the deceased would have earned/saved in the future);
  • Lost earnings of the deceased;
  • Medical and funeral expenses of the deceased (if not paid by a survivor).

When seeking damages after a fatal bike accident in cities around Ormond Beach, a bicycle accident lawyer can help in many ways. Aside from the emotional toil of a fatal accident, the resulting wrongful death claims can be quite complicated. That’s why you’ll need an attorney that has a broad range of experience.

The attorney will have to work with the estate representative to determine the compensation available for the estate and survivors, but will also have to work to prove the negligence of the party you are suing based on the state negligence laws.

If the cause of the fatal bicycle accident is due to the design or a manufacturing defect of the bicycle, rather than a person, then the attorney must know product liability laws in order to seek damages against the bicycle manufacturer or designer.

To recover damages after a fatal bicycle accident, your attorney will have to prove:

  • your deceased love one was owed a duty of care when the fatal bicycle accident occurred;
  • the defendant did not uphold that duty of care;
  • the defendant’s failure caused the fatal accident;
  • you suffered damages due to the defendant’s negligence;
  • there is value associated with those damages.

To learn more about your rights during this difficult time, you’ll need the assistance of an experienced Ormond Beach bicycle accident attorney at Zimmet & Zimmet.

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