Orlando Wrongful Death Lawyer
The loss of a loved one can be one of the biggest tragedies anyone may endure. When the death of a loved one is caused by the negligent acts of another, you may be entitled to compensatory damages.
According to wrongful death legal professionals, when an untimely passing occurs, one of the best things you can do is seek a legal remedy for the financial burdens that come with the tragic loss of your loved one. The Turnbull Firm is available to provide legal assistance to surviving family members in Orlando and the surrounding Florida community.
What is a wrongful death lawsuit?
Florida wrongful death statutes allow the survivors of the deceased a right to compensation for death arising from negligence. Survivors can include the widow, child, and parents of the deceased, or any blood or adoptive siblings who relied on the deceased for financial assistance.
According to Florida law, wrongful death occurs if the following conditions are met:
- The death was caused in whole or in part by the defendant
- The defendant is strictly liable or negligent in the victim’s death
- There are surviving family members of the deceased
- There is a monetary loss associated with the death
If these conditions are not met, then you run the risk of losing your case, and it may not be advisable for you to pursue any wrongful death lawsuits. However, many personal injury attorneys work on a contingency basis, so it’s advisable to consult with one of the experienced Orlando wrongful death attorneys at The Turnbull Firm for legal advice to find out if you have a case.
Wrongful Death Law
Florida law specifies that the estate representative must file suit for wrongful death. Florida statutes also state that wrongful death lawsuits should be filed within two years of the date of death, but the sooner, the better. This is also known as the statute of limitations, but it could be delayed in very specific situations.
The earlier you can start a wrongful death claim, the better. Evidence can disappear, and witnesses might forget important details, so it’s in your best interest to pursue damages as soon as you can. For example, if your loved one passed away due to an accident involving defective property, the party responsible for the defect should fix it as soon as possible. However, in doing so, they could destroy any evidence of your wrongful death claim.
Most Common Types of Wrongful Death Claims
A variety of circumstances can result in the wrongful death of a loved one. A personal injury law firm with experience in Florida wrongful death can help families handle wrongful death claims that have resulted from incidents such as:
- Car accidents
- Aviation accidents and plane crashes
- Boating accidents
- Construction accidents
- Defective products
- Medical malpractice
- Nursing home abuse or neglect
- Premises liability and property owner negligence
Although wrongful death is distinct, it is usually caused by incidents that can lead to personal injury. A wrongful death may be caused by battery or police brutality. Essentially, a wrongful death lawsuit can be asserted whenever a death happens because of someone else’s negligence.
Orlando, Fl wrongful death claims arise primarily from accidental deaths due to injuries caused by crashes where one or more drivers are killed or injured. Many preventable wrongful deaths happen due to drunk driving crashes. Distracted and drowsy driving may also lead to a preventable fatal accident.
A wrongful death claim differs from murder, homicide, and manslaughter because the case is brought to civil court rather than criminal court. The main purpose of a wrongful death lawsuit is not to punish the defendant for breaking the law but to compensate the deceased’s surviving loved ones for their loss.
Whether the act that caused the death was committed intentionally or not is not important in an Orlando wrongful death case. If the act was wrongful, you might have a case. You can find out by contacting Orlando wrongful death lawyers.
Who can sue for Florida’s wrongful death damages?
An experienced wrongful death attorney or other personal representative has to be present in court to initiate the official complaint. This representative should be named in the estate plan of the deceased or be appointed by the court. The estate representative can file the claim on behalf of the surviving family member(s).
Wrongful Death Damages
Wrongful death cases are unique and your potential settlement or court-awarded offer will depend on the specific losses the passing of the deceased person brings. You could be able to recover compensation for the following losses:
- Medical expenses, including surgery, medical treatment, the ambulance ride, hospital stay, physical therapy, prescriptions, etc.
- The pain and suffering they suffered before passing away
- Mental anguish on behalf of the deceased person before they died
- Funeral expenses and burial costs
- Loss of consortium
- Loss of your loved one’s income
- Lost wages due to time off to care for your loved one
- The income your loved one would have provided
The amount you’re entitled to in damages is dependent on several factors. Typically, the severity of the injuries, evidence of the other party’s negligence, and insurance companies and their policies will affect the damages you’re entitled to. Florida lawyers have been able to secure several million dollars for their clients.
Florida Statute 768.21 outlines how a wrongful death claim should be awarded. It also specifies the punitive damages for certain actions and the limits on those damages.
Non-economic damages, like pain and suffering or loss of consortium, represent the most significant category of damages. However, these types of damages can be difficult to quantify.
That’s why it can be pivotal to turn to an experienced wrongful death attorney to pursue your Florida wrongful death claim. The Turnbull Firm can help you to secure financial support for your loved one’s death and have a wrongful death lawyer represent you in court.
Why hire a wrongful death lawyer Orlando?
If you lost a loved one because of an auto accident, medical malpractice, or any other form of negligence, wrongful death attorneys can help you. The skillful personal injury professionals at your Orlando wrongful death law firm can:
- Answer your wrongful death statute of limitations questions
- Estimate a value for your losses
- Help you receive compensation for your losses
- Hold the responsible party accountable
- Negotiate with the liable party’s insurance company
- Provide assistance navigating the estate/probate process
- Protect your rights and the legal rights of the deceased
Important Information About Wrongful Death Claims
If you are dealing with a loved one’s death, the last thing you want to be concerned with is how to cope with the financial burden of their loss. Hiring wrongful death lawyers can significantly increase your chances of winning your wrongful death case and take the stress of pursuing legal action out of your hands.
There are some other very important details to keep in mind when you file a wrongful death. For example, other family members who were not directly supported during the decedent’s life usually do not have a claim. The death of a child can be tragic, but a wrongful death claim may not be warranted unless the death of the child caused a monetary loss for the rest of the family.
Also keep in mind that in a criminal case, the jury must find the defendant guilty beyond a reasonable doubt. However, in civil cases like a wrongful death claim, the defendant can be found liable for damages with sufficient evidence, and there is no reasonable doubt qualification to meet.
The Turnbull Law Firm Can Help You With a Wrongful Death In The Family
After the death of a loved one, the last thing you want is to be worrying about how you’ll pay for the medical and funeral expenses. Your Florida wrongful death case can be a difficult and complicated process.
Our personal injury law firm can handle the legal process for you so that your family can grieve peacefully. Although the compensation you receive will not bring back your loved one, it can help you cope with the unexpected financial strain brought on by their death.
Florida wrongful death cases occur all the time. That’s why it’s important for wrongful death lawyers to treat these wrongful death cases with the delicacy they deserve. Orlando wrongful death attorneys understand how stressful this time can be for you and your family.
Your Orlando wrongful death attorney needs to be prepared to advocate for a settlement or fight in court. The Turnbull Firm has adept Orlando wrongful death lawyers who can protect your rights. Call an Orlando wrongful death attorney to investigate your case and gather evidence. Contact The Turnbull Firm today to receive a case evaluation, find support in your time of bereavement, and bring the negligent to justice. Call at 407-612-6464 or 863-324-3500.