Orlando FL Wrongful Death Attorney
Losing a loved one can be one of the most heartbreaking experiences ever, especially if due to someone else’s negligence or bad actions. Orlando offers legal avenues that enable families to seek justice and compensation in these difficult cases; here, we aim to provide comprehensive information regarding Orlando wrongful death lawsuits as a source of support during these trying times.
This guide should offer information regarding these claims along with an experienced Orlando attorney’s ability to guide you through them during this challenging period of mourning and support you during difficult moments when grieving together. Consult an Orlando FL Wrongful Death Attorney.
Reach out to Shea Fugate today and discuss how she can be of help to you and your family. Feel free to book a free consultation with Shea at 407-539-0123 or fill out this form, and she will contact you soon.
What Is a Wrongful Death Claim?
A wrongful death claim is filed by survivors of individuals who have died as the result of intentional, negligent, or fraudulent conduct on behalf of another individual or entity. Such lawsuits seek financial and emotional compensation to aid family members who must cope with the tragedy that followed this tragic event.
Florida law governs claims related to wrongful deaths according to the Florida Wrongful Death Act, outlining specific procedures and requirements for filing such litigation as well as what damages can be recovered in such lawsuits.
Under Florida law, anyone entitled to claim for the estate of a deceased person can file a wrongful death action—usually, the personal representative named in their will or estate plan; failing this option, the court will appoint someone as representative in such circumstances.
A claimant may include those surviving family members of the deceased, which could include:
- Spouse of Deceased Person: A deceased individual’s spouse can seek compensation for lost companionship, protection, and any emotional pain and suffering they’ve endured as a result of his/her passing.
- Children: Minor children can seek compensation for lost parental companionship, instruction, and guidance; adult children can do the same if there is no surviving spouse to claim against.
- Parents: In cases involving minor children who died suddenly and unexpectedly, parents can seek compensation for any mental anguish experienced as a result of the incident. For adults who died without other survivors present, compensation may also be obtained – this will depend on whether there were survivors available to collect compensation payments in lieu of payments to others who may survive them.
- Other Dependents of Deceased: Other relatives financially dependent upon a deceased may also qualify to recover compensation after his/her passing.
Grounds for Filing a Wrongful Death Claim
Before filing a wrongful death claim, there must be clear grounds that indicate someone was at fault – such as through their actions, negligence, or default – which caused death. Common grounds include:
Medical Malpractice
If negligence by healthcare providers, such as misdiagnosis, surgical errors, or medication mistakes, has contributed to a patient’s death, then a wrongful death suit may be filed in response.
Motor Vehicle Accidents
If one of your loved ones died as the result of an auto, motorcycle, or truck crash caused by another driver’s negligent acts, such as drunk driving, distracted driving, or recklessness, a wrongful death suit may be pursued against that driver.
Workplace Accidents
If someone dies due to unsafe working conditions, an inadequate safety protocol in their workplace, or another act of employer negligence, his/her family could file for a wrongful death action against that employer.
Defective Products
When defective machinery, drugs, or vehicles cause fatal injury due to defects they contain, manufacturers or distributors could be held liable.
Premises Liability
Suppose someone dies as a result of unsafe conditions on another’s property—including slip-and-fall accidents, inadequate security systems, or swimming pool accidents. Their owners could potentially be held liable.
Speak to an Orlando FL Wrongful Death Attorney.
Damages for Wrongful Death Claims
Wrongful death claims provide compensation to family members affected by their loved one’s passing, so in Florida, these damages could include:
Economic Damages include
- Medical Expenses: Costs associated with pre-death medical care for the deceased person.
- Funeral and Burial Expenses: Reasonable costs related to funeral arrangements and burial services for their death.
- Loss of Income: Income lost through wages, benefits, or potential future earnings of a decedent person.
- Loss of Services: The value of services provided to their family by the deceased, such as childcare, housekeeping, or any other household duties they provided before passing on, such as childcare.
Non-Economic Damages:
- Pain & Suffering Compensation provided for mental anguish and emotional suffering of family members who continue living.
- Loss of Companionship: Restitution for loss of companionship, protection and guidance provided by the deceased.
- Punitive Damages: Punitive damages may also be awarded as punishment against particularly malicious conduct to deter similar behavior in the future.
Speak to an Orlando FL Wrongful Death Attorney.
Wrongful Death Attorney
Navigating the complex world of wrongful death claims can be extremely overwhelming when coupled with grief over losing someone dear, which is where an experienced Orlando FL Wrongful Death Attorney comes in handy. Here are a few ways an attorney could provide invaluable support:
Legal expertise
An Orlando FL Wrongful Death Attorney with a deep understanding of Florida wrongful death laws will guide you through the legal process, ensuring that you observe all necessary procedures.
Investigative Work
Orlando FL Wrongful Death Attorneys conduct in-depth investigations in order to gather evidence, interview witnesses, and build strong cases in support of negligence or improper conduct claims.
Negotiation
Insurance companies often attempt to settle wrongful death claims for as little as possible; an Orlando FL Wrongful Death Attorney will negotiate on your behalf to ensure you receive equitable compensation from them.
Litigation
If an acceptable settlement cannot be achieved, an Orlando FL Wrongful Death Attorney is prepared to represent your rights before the judge and jury in court proceedings.
Emotional Support
Coping with the aftermath of a wrongful death can be emotionally exhausting; an Orlando FL Wrongful Death Attorney can offer compassionate support while handling the legal aspects of your case, giving you more time and space for healing.
Steps to Take After an Erroneous Death
If your loved one died as the result of someone’s actions or negligence, here are several critical steps you should follow in the aftermath:
1. Consult Legal Counsel
It is in your best interests to contact an Orlando FL Wrongful Death Attorney immediately to discuss and understand all available legal avenues.
2. Collect and Preserve Evidence
Before gathering or preserving any evidence regarding an incident, gather and store all associated paperwork – this includes medical records, accident reports, witness statements, and photographs as relevant evidence.
3. Document Losses
Maintain accurate records of expenses and losses related to death, such as medical bills, funeral costs, and lost income.
4. Avoid Settling Too Soon
Care should be taken when accepting settlement offers from insurance companies without first consulting an Orlando FL Wrongful Death Attorney since early settlement offers are likely lower than what could be legally available to you.
5. Focus on Healing
Though filing a wrongful death claim may be necessary, it’s equally as essential to focus on healing mentally and emotionally as you pursue this legal route. Reach out for support from family, friends, or professional counselors so they can assist with coping with this loss.
6. Recover from Your Loss
Grieving over the loss of a loved one due to someone else’s negligence is heart-wrenching; Orlando, FL, provides survivors of victims a way of seeking justice and compensation through wrongful death claims. Working with an experienced Orlando FL Wrongful Death Attorney will ease your journey through the legal process while building strong cases for maximum compensation for your loss.
No amount can truly compensate you for the death of a loved one; however, filing a successful wrongful death claim may provide financial stability and offer closure for you and your family. Don’t hesitate to seek guidance from an experienced Orlando FL Wrongful Death Attorney during this difficult journey.
Your family can also get the emotional support and direction they need during this difficult time by working with a lawyer in Orlando who specializes in wrongful death cases. Hiring an Orlando FL Wrongful Death Attorney is an essential first step in getting your family the compensation and closure you deserve.
Reach out to Shea Fugate today and discuss how she can be of help to you and your family. Feel free to book a free consultation with Shea at 407-539-0123 or fill out this form, and she will contact you soon.
