Orlando Wrongful Death Lawyer

Losing someone you love is devastating, especially when someone else’s negligence caused their death. We know that there is no amount of compensation that can heal that wound. However, loved ones and family members can recover certain damages to remove the financial burden of wrongful death.

A lawsuit can also hold the at-fault party accountable and provide you with peace of mind and closure during these trying times. Our law firm’s Orlando wrongful death 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.

Orlando Accidents That Can Result in a Wrongful Death

A wrongful death occurs when deliberate 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.

What a Wrongful Death Attorney Can Do for You

An 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.

Investigation Steps

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.

What We May Find

These and other forms of evidence can tell us many things, 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

Most 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 You 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.

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 two years from the date of death.

If you believe the victim’s death resulted from third-party negligence, it is 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.

Recoverable Damages in a Central 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 Orange County 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.

According to Florida Statutes § 768.21, the state allows you to 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
• Any other expenses tied to your loved one’s passing
• Punitive damages

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.

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 fully 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.