According to Marriott International, the project is a 16-story $282 million hotel. Named the JW Marriott Orlando Bonnet Creek Resort, it will feature 516 rooms near Orlando’s popular Disney theme parks. The U.S. Occupational Safety & Health Administration, as well as the Orange County Sheriff’s office, will investigate the fatal incident.
Workplace Wrongful Death
Under Florida law, when a death is caused by the negligent actions, default, wrongful act, or breach of contract of another, the victim’s surviving family members may file a wrongful death claim. While going after the at-fault party will not bring back the victim who passed away, it is often a means of solace to the family members who are left behind and seeking monetary compensation for the accident.
Several wrongful death cases arise from workplace accidents, such as the Marriott construction accident case in Orlando. This is because an employer or business owes a legal duty to look after employees and keep them safe. A breach of this duty, whether intentionally or through negligence, that results in an accident that causes death, may give rise to a valid wrongful death claim in Florida.
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Who Can Sue for Wrongful Death?
Under Florida law, a wrongful death claim may only be filed by someone who has been directly affected by the death. This, essentially, boils down to immediate family members or life partners of the deceased who have suffered – and will continue to suffer – financial losses as a result of the untimely death. That being said, it must be the estate of the deceased person that brings the civil action in court on behalf of the estate and any surviving family members who may have an interest in the claim. Family members who may recover damages in a Florida wrongful death claim include:
- The surviving spouse, children, and parents of the deceased;
- Any adoptive sibling or blood relative who is partially or wholly dependent on the deceased for support or services;
- If a child is born to unwed parents, the child may recover damages in a wrongful death claim if the deceased was his or her mother; the child may only recover from his or her father’s wrongful death if the father was obligated to contribute to the child’s support as a result of formally recognizing him or her as his own.
Losing a loved one is devastating. Seeking justice for the tragedy through a Florida wrongful death claim, however, may help ease the financial burden that is likely to follow this tragedy.
Under Florida law, a wrongful death claim may only be filed by someone who has been directly affected by the death.
Orlando Wrongful Death Attorneys
For more information on Florida wrongful death claims, or if you or someone you know believes you may have a valid claim in Orlando or anywhere else in the state, contact Bogin, Munns & Munns. Speak with one of our wrongful death lawyers today. Generally, Florida law requires wrongful death claims to be filed within two years of the date of death or the claim will be forever barred. Schedule your free wrongful death case evaluation.
NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.
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