If your loved one passed away and you believe their death was caused by someone else’s negligence, you may be eligible to receive compensation.
It is devastating to lose someone you love, especially when it is due to someone else’s negligence. There is no amount of compensation to heal that wound. However, recovering those damages helps loved ones and other family members handle the financial burden associated with an Orlando wrongful death. Holding the at-fault party accountable also gives these individuals peace of mind during these trying times.
Our team of Orlando wrongful death lawyers understands those losses have a significant impact on surviving family members of the victim. Therefore, it is our mission to assist our clients in the process of filing a wrongful death lawsuit.
Give the Law Offices of Anidjar & Levine a call today at 1-800-747-3733 for a free consultation.
For a free legal consultation with a wrongful death lawyer serving Orlando, call (800) 747-3733
How Wrongful Deaths in Orlando Can Happen
A wrongful death occurs when deliberate behavior, negligence, or recklessness results in a victim’s death. Negligence means that an individual is failing to act or behave reasonably compared to how a prudent individual would do so in a similar situation.
Establishing a wrongful death case involves your attorney proving that the at-fault party owed your loved one a duty of care. An attorney must also prove that they breached that duty of care with an act or omission, and, as a result, that breach was the direct cause of the victim’s death.
The most common causes for Orlando wrongful deaths include:
- Birth injuries
- Boating accidents
- Construction accidents
- Cruise ship accidents
- Defective pharmaceuticals
- Medical malpractice
- Unsafe premises accidents
- Vehicle accidents
- Workplace accidents
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What an Orlando Wrongful Death Lawyer Can Do for You
Your Orlando wrongful death attorney uses a variety of methods for assisting you with proving the liability of a third party. Because these attorneys know the circumstances contributing to wrongful death lawsuits, they understand the types of evidence that are necessary for a successful claim. As part of investigating the circumstances of the wrongful death, your attorney will:
- Arrange testimonials from expert witnesses
- Visit the scene of the incident
- Interview witnesses
- Analyze records, including building and health
- Perform background checks
- Study surveillance footage
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About Wrongful Death Laws in Florida
Family members are allowed to file a wrongful death claim against the third-party they believe is responsible. This Florida statute states that, if a wrongful act causes the victim’s death, the victim’s representative for their estate can file a claim.
That statute further indicates that the following elements must be used to prove an Orlando wrongful death action:
- Conduct that results in 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, that conduct must have allowed the victim to pursue a claim and recover damages
That third element means that, if the victim had not experienced a wrongful death, they would have an action they could file.
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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 victim’s estate plan or will. If the victim does not have an estate plan or will, then the court appoints a representative.
Even though there is a representative for the victim’s estate, they are not filing the claim under their name. Instead, they are filing the claim on the victim’s behalf and their surviving family members. During every wrongful death claim, it is the representative’s responsibility to list all survivors who have an interest in the claim.
Family members who could recover damages in an Orlando wrongful death lawsuit include:
- Blood relatives, including adopted siblings
- The victim’s children
- The victim’s parents
- The victim’s spouse
When children are born to unwed parents in Florida, that child 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 if their father formally recognized that child as his.
About the Statute of Limitations for an Orlando Wrongful Death
According to Florida Statute 95.11, the statute of limitations for filing a wrongful death action is two years following the date of the death if it involves negligence. 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.
If you believe the victim’s death was the result of third-party negligence, you must seek legal assistance immediately. Failing to act during Florida’s statute of limitations might prevent your attorney from bringing this claim to court. Give the Law Offices of Anidjar & Levine a call today for legal assistance at 1-800-747-3733.
Recoverable Damages in an Orlando Wrongful Death
Wrongful death cases in Florida are filed as a civil claim. That means that the government is not bringing the case to the court, but rather it is brought by the victim’s estate. The liability in a wrongful death lawsuit is defined in terms of monetary damages. Even though a criminal case that relates to the wrongful death could have a court filing, that is to address separate concerns.
According to Florida Statute 768.21, the state’s rules for wrongful death awards are as follows:
- The value of services and support the victim provided to their surviving family
- The loss of the victim’s guidance, protection, and companionship
- The emotional and mental pain and suffering if a child is the victim of a wrongful death
- Funeral and medical expenses
Connecting With an Orlando Wrongful Death Lawyer
If a loved one suffered injury resulting from negligence causing the wrongful death of a family member, the Law Offices of Anidjar & Levine team is here to help. Let us protect your rights by handling your case and pursuing the compensation you deserve. Contact our team right away at 1-800-747-3733 so we can review your case today.
