Losing someone you love is devastating, especially when someone else’s negligence caused their death. We know that no amount of compensation can heal that wound. However, loved ones and family members can recover certain damages to remove the financial burden of wrongful death.
If your loved one lost their life in Orlando, our wrongful death lawyer can file a lawsuit to hold the at-fault party accountable and provide you with peace of mind. Our law firm’s Orlando personal injury lawyers understand that a wrongful death significantly impacts the victim’s surviving family members. Let us help you reduce the financial impact of that loss.
What a Wrongful Death Attorney Can Do for You
Our experienced attorney will use various methods to prove third-party liability. Because we have extensive experience with wrongful death lawsuits, we understand the types of evidence necessary for a successful claim.
Working with the Law Offices of Anidjar & Levine has several benefits. These include:
- When you work with us, you get your attorney’s personal cell phone number. This means you can contact us at any time with questions or for case updates.
- We respond to all your calls and emails promptly. If we miss communication, we will get back to you as soon as possible. You won’t need to wait around wondering if we will reach back out to you.
- We can schedule any appointments and help you get your vehicle fixed if your loved one’s wrongful death happened because of a car accident.
- Our team will answer all your questions without using any confusing legal terms. If you have a question about any aspect of your case, we can answer it for you.
- Your legal team will provide frequent case updates. You will not be left wondering where your case stands.
Another benefit to working with our firm is that we handle the entire legal process for you. You’ll be able to take all the time you need to grieve with your family, while we take care of everything else. Some of the tasks we handle on your behalf include:
Investigating the Accident That Led to Your Loved One’s Fatality
As part of investigating the circumstances of the wrongful death, your attorney can:
- Arrange testimonials from expert witnesses.
- Visit the scene of the incident.
- Interview witnesses.
- Analyze medical or other records.
- Perform background checks.
- Study surveillance footage.
You will not need to task yourself with any of these steps when you retain an attorney from the Law Offices of Anidjar & Levine.
Finding Evidence Proving Your Family Deserves Compensation
The forms of evidence we collect can reveal many case details, including:
- The identity of the liable party, even if there is more than one liable party.
- The actions the liable party took (or did not take) that resulted in your loved one’s death.
- The types of injuries your loved one suffered.
- How much money you lost due to the accident.
Once we have learned everything possible about your case, our team can determine the best course of action. This may include:
Negotiating a Settlement
Many wrongful death cases do not go to court. Instead, the liable party’s insurance company seeks to shorten the duration of the case by offering a pretrial settlement.
While such a settlement can save time and enable you to access much-needed funds quicker, the insurance company may try to get away with offering an amount that does not meet your needs. We can combat such attempts by:
- Presenting the evidence we have collected.
- Arguing strongly against any attempts to reduce your payout.
- Meeting with insurance representatives in person or over the phone as often as necessary.
When you work with our law firm, you benefit from decades of experience in Florida injury law. We will fight aggressively for your right to a fair settlement, even against large insurance companies and corporations. We will take your case to court if we cannot agree.
Representing You in Court
Pretrial wrongful death settlements are not always a feasible option. If it becomes necessary to take your case to trial, we are prepared to handle the hard work associated with that option, including:
- Submitting evidence to the court.
- Delivering opening and closing arguments.
- Preparing witnesses for questioning.
- Examining and cross-examining witnesses.
- Protecting your rights if the liable party’s team tries to violate them.
When we take your case to trial, we aim to ensure that you receive a jury award sufficient to cover the losses sustained because of your loved one’s death. Our experienced trial lawyers will not hesitate to aggressively defend your right to fair compensation before a judge and jury.
Putting Your Best Interests First
We know this is a stressful and unhappy time for you and your family. We sympathize with your loss and want to provide you with comprehensive legal care. This means representing you in all associated communications and managing your legal tasks, as well as:
- Updating you throughout your case.
- Providing you with your attorney’s phone number so you always have someone to address your questions and concerns.
- Providing our legal services without requiring fees upfront.
Even before you officially hire us, we want to look out for your interests. Everyone who calls our office receives a free case evaluation that tells them whether they have a case and how we can help them fight for damages.
Recoverable Damages in an Orlando, Florida Wrongful Death Case
If you lost a loved one because of someone else’s negligence, you do not have to bear this burden alone. Our Orlando wrongful death attorneys are here to help you obtain financial compensation for your losses.
Wrongful death lawsuits are civil claims. That means the victim’s estate (not the government) files the case in court. Although a criminal case related to the victim’s death could exist, that will address other concerns and be handled separately.
In Orlando, you can seek wrongful death damages for the following:
- Loss of income
- Loss of benefits
- Loss of consortium
- Loss of companionship
- Emotional pain
- Medical expenses
- Funeral expenses
- Burial costs
Everyone’s case is different, so we would have to speak with you to provide you with an estimate of what you may be eligible for.
Orlando Accidents That Can Result in a Wrongful Death
A wrongful death occurs when another party’s behavior, negligence, or recklessness results in a person’s death. Negligence refers to an individual who fails to act or behave reasonably compared to a prudent person’s behavior in a similar situation.
In a successful wrongful death case, your personal injury attorney must prove that the at-fault party owed your family member a reasonable duty of care. They must also prove that the responsible party breached that duty with an act or omission and that the breach directly caused the victim’s death.
Some possible causes for an Orlando wrongful death include:
- Birth injuries
- Auto accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bus accidents
- Boating accidents
- Construction accidents
- Cruise ship accidents
- Defective products
- Medical malpractice
- Unsafe premises incidents
- Workplace accidents
We ensure you receive compassion and legal advice when personal injuries turn fatal.
Determining Fault in an Orlando Wrongful Death Lawsuit
If you lost a loved one due to someone else’s negligence, that person should be held accountable for their careless or reckless actions. To seek compensation for your losses in a civil lawsuit, you must first determine who was at fault.
An Orlando personal injury lawyer who handles wrongful death cases will review the evidence to identify who was responsible for your loved one’s injuries. Parties that could be considered at fault in a wrongful death legal action include the following:
- An at-fault driver in a car accident
- A commercial truck driver who drove recklessly
- A vehicle manufacturer of a defective part that caused an accident
- A drug manufacturer that did not disclose the potential negative effects of a drug
- A physician who failed to diagnose the patient or misdiagnosed them
- A commercial truck company that failed to ensure that their driver was properly licensed
- An entity responsible for road maintenance if poor road conditions caused the accident
You should not have to weather the legal and financial hardships alone when you lose a loved one. Our attorneys will help you navigate the legal system and bring all the responsible parties to justice. We are committed to ensuring our clients receive compensation for losses incurred due to a fatal accident.
About Wrongful Death Laws in Florida
Per Florida Statutes § 768.21, if a wrongful act causes the victim’s death, the estate representative can file a claim on behalf of the deceased person’s estate and immediate family members.
Florida Statutes § 768.19 indicates that the following elements must be met in an Orlando wrongful death action:
- The at-fault party’s conduct resulted from the breach of a contract or warranty, negligence, or a wrongful act.
- The conduct outlined within the claim must have caused the victim’s death.
- If the wrongful death had not occurred, the victim would have been able to pursue a personal injury claim and recover damages.
An Orlando injury attorney familiar with wrongful death claims can help you compile the necessary evidence to establish fault and prove negligence.
Who Can File a Florida Wrongful Death Claim?
Florida’s wrongful death laws require a representative from the victim’s estate to file the claim. This representative must be listed in the deceased person’s estate plan or will. The court appoints a representative if the deceased person does not have an estate plan or will.
The representative for the victim’s estate will file the claim on behalf of the surviving family members. In every wrongful death claim, the representative must list all survivors who have an interest in the claim. Family members who could recover damages in an Orlando wrongful death lawsuit include:
- The spouse
- Minor children
- The parents
- Adult children
Children born to unwed parents in Florida can recover wrongful death damages in a claim if their mother is the victim. If their father is the victim, that child could recover damages only if their father formally recognized that child as his.
Wrongful Death Statute of Limitations in Florida
After a victim suffers a wrongful death due to the recklessness or negligence of a third party, defendants have a specific window of time to file a claim. According to Florida Statutes § 95.11, the statute of limitations for filing a wrongful death action is typically two years from the date of death.
If you believe the victim’s death resulted from third-party negligence, it may be a good idea to seek legal assistance immediately. Failing to act within Florida’s time limit might prevent your attorney from bringing this claim to court. An attorney can work quickly to:
- Assess your case’s validity.
- Prepare all the evidence and documents necessary to file a lawsuit.
- Send those documents to the liable party and other parties of interest before the deadline.
While we conduct negotiations on your behalf, we will prepare your case for trial so that, if necessary, we can file a lawsuit on your behalf before the wrongful death statute of limitations expires.
Connect With an Orlando Wrongful Death Lawyer From Our Firm
At the Law Offices of Anidjar & Levine, we are committed to providing our clients with the legal support they need to recover from the devastating loss of someone they love. We are here to hold the responsible parties accountable for their actions.
If your loved one passed away due to injuries resulting from someone’s negligence, we extend our deepest condolences. Let an Orlando wrongful death attorney handle your case during this difficult time and pursue the financial compensation you deserve. Contact us today for a free case evaluation.
We Can Help.