Orlando Wrongful Death Lawyer

According to Florida law, a wrongful death occurs when an individual’s death is caused by another’s “wrongful act, negligence, default, or breach of contract or warranty.” The actions may have been unintentional, or they may have intended to cause harm. A wrongful death can also result from someone’s failure to act to help someone in circumstances when a reasonable person would have helped.

Wrongful deaths can happen after car accidents, hunting mishaps, boating injuries, or nursing home neglect. While some deaths occur naturally, if you have any suspicion that your loved one passed away because of someone else’s actions, you should speak with a wrongful death attorney in Orlando. They can assess your situation and advise you whether your claim is valid.

A thorough examination of the facts and evidence regarding your claim can help your attorney determine if the death was wrongful or accidental. Each case is unique, but your wrongful death lawyer in Orlando understands that there are some common situations where negligence results in a loved one’s loss, including:

• Car accidents
• Truck accidents
• Bicycle and scooter accidents
• Pedestrian accidents
• Nursing home abuse and neglect
• Medical malpractice
• Slip-and-fall accidents
• Swimming pool or playground accidents
• Defective products

Your Orlando wrongful death attorney will work to identify all at-fault parties to maximize your compensation. 

A wrongful death claim is a type of personal injury lawsuit. It is meant to collect damages from the liable parties who caused an untimely death through their negligence. Of the 200,000 to 400,000 personal injury lawsuits filed each year, as many as 8% of them are wrongful death actions, according to the Federal Judicial Caseload Statistics. In instances where the victim already had a claim against the at-fault party for their medical and other bills, that personal injury lawsuit often can be converted into a wrongful death claim by their survivors.

Do not confuse a wrongful death claim with a criminal lawsuit. If your loved one died as a result of a crime, such as assault, robbery, or murder, the state government will hold them accountable and determine their guilt. However, this does not compensate your family for their loss. A wrongful death claim is a civil action meant to secure monetary damages to address the absence of the deceased’s financial benefit.

In Florida, a wrongful death claim can only be filed by the personal representative of the deceased’s estate. This person may be named in the will, or the probate court can appoint them if your loved one has no will. The personal representative files the wrongful death claim on behalf of the deceased’s beneficiaries, who are usually the victim’s spouse, children, parents, and dependents.

An experienced lawyer knows there may be more individuals who are potentially liable than the person who seems obviously at fault. For example, suppose your loved one dies after a head-on car accident. You may believe the person who hit them is responsible. However, if the other driver lost control of their car because an untrained mechanic failed to repair the braking system properly, the auto shop could be held accountable for a wrongful death. Each case is different and requires a thorough investigation to ensure all those legally responsible are held accountable for the wrongful death of a loved one. 

To prevail in a wrongful death claim, you and your attorney must demonstrate the four elements of negligence:

1. Duty of Care: The at-fault party owed your loved one a duty of care to take reasonable action to avoid causing harm.
2. Breach of duty: The liable individual failed to uphold (breached) their duty.
3. Causation: Because of the at-fault person’s failure, your family member died.
4. Damages: Your family has experienced damages directly related to the death that must be repaid.

To demonstrate these factors, your wrongful death attorney in Orlando, FL, will need to present as much high-quality documentation as possible to persuade the jury with a preponderance of the evidence. This can come from police reports, photos and videos, witness statements, medical records, autopsy results, and expert testimony. Your lawyer will also offer detailed calculations of what your family has lost and will be denied in the future as a result of the death. These are known as damages.

Damages are paid to a claimant in a successful civil case and include payment for expenses such as lost income and medical bills. Many more losses must be included for wrongful death claims, such as burial and funeral costs. Your damage demands will generally fall into two categories: economic and non-economic. Economic damages include anything that has a fixed price tag, and non-economic losses acknowledge the intangible ways the death has affected the survivors’ lives. 

The Wrongful Death Act of Florida allows the decedent’s estate to recover the estimated damages of items such as:

• Medical care and expenses before the decedent’s death
• Estimated income the decedent would have earned had they lived
• Inheritance the deceased’s beneficiaries would have received
• Value of the decedent’s home and childcare services
• Pain, suffering, and grief of the survivors
• Loss of companionship for the survivors
• Loss of consortium by the spouse 
• Loss of guidance, mentorship, and support for the children
• Lost benefits, such as health insurance, retirement plans, pensions, or savings

The recent Florida Tort Reform Act has brought many changes to how lawsuits are handled in the courts, in addition to existing nuances regarding the recovery of lost potential income. While there is no limit on economic damage awards in any kind of personal injury or wrongful death claim, some caps are put in place when the case involves medical malpractice or a suit against a government entity. Your wrongful death lawyer in Orlando can handle all of these details so you and your family can focus on grieving. 

In most cases, the wrongful death settlement will be paid in a lump sum through a negotiated method between the plaintiff and defendant. In situations where the settlement or jury award is substantial, the defendant may have agreed to a structured plan that provides regular payments over several years.

After a wrongful death, the family must not only deal with all the work associated with managing the estate but also with the uncertainty of how to hold the at-fault parties responsible. By hiring an experienced wrongful death lawyer, they can access knowledgeable and skilled professionals who understand the intricacies of ensuring the claim is brought forth correctly and promptly.

One of the first concerns is conducting a thorough investigation and filing your claim in time. A lawyer must investigate the death, gather all relevant evidence, construct their case, and submit the paperwork to protect your claim. On top of this, the statute can vary depending on the named defendant, especially if it involves a government agency or the defendant is facing a criminal trial.

At DWK Law, we focus on preparing the most powerful case possible and achieving a satisfactory outcome based on the circumstances of your loved one’s death. Our investigative resources allow us to present compelling arguments before the court, establishing negligence and demonstrating your claim’s validity. We have over three decades’ worth of experience in managing various personal injury claims, drawing on our work in car accidents, premises liability, product liability, and other cases.

When your family is already dealing with a large share of expenses after a loved one’s death, you may question whether spending money on an attorney is the right move. Fortunately, DWK Law allows you to get the legal representation and guidance you need by working on a contingency fee basis.

A contingency fee structure means your Orlando wrongful death attorney will take their fees as a percentage of your final settlement or jury award. This amount is part of the client agreement letter you will sign when you hire our firm, so there are no surprises. We update you as your case progresses, including recommendations for engaging professional collaborators and experts to testify.

While our team is dedicated to securing the maximum compensation for your specific case, there are risks in every situation. Contingency means that you only pay us once and if we obtain a settlement for you. You only pay our fees if we win your case.