Theme park accidents can result in serious injury or death to somebody visiting or working at an amusement park.If someone dies due to the negligent, reckless, or deliberate behavior of someone else, then the surviving family members will be able to file a wrongful death lawsuit in order to collect damages for their loved one’s untimely death. This is basically what a wrongful death lawsuit is – a civil court action filed to determine the amount of damages that surviving family members should collect due to the wrongful death of their loved one.
In all cases the surviving family members will be forced to open a probate estate in order to be able to sue on behalf of their deceased loved one. If minor children are involved, then the court overseeing the wrongful death lawsuit may require that a guardian be appointed to look out for the best interest of the minor.
What Types of Damages Can Be Collected in a Wrongful Death Lawsuit?
Surviving family members can collect the following types of damages once they establish that their loved one’s death was due to a wrongful act:
Medical bills and burial expenses.
Compensatory damages for lost wages that their loved one would have earned had they lived their normal life expectancy.
Compensatory damages for the pain and suffering endured by the surviving family members due to their loved one’s absence.
In some states punitive damages that are intended to punish the person who caused the wrongful death and discourage similar behavior can be collected.
In Orlando have statutes of limitation that dictate how long you can wait to file a wrongful death lawsuit before you will be forever barred from doing so in the future. If you believe that your loved one’s death was caused by the negligence, reckless, or deliberate act of someone else, then consult with an attorney to understand your legal rights and to determine if you should pursue a wrongful death claim.