Orlando Wrongful Death Lawyer

Too many people lose a beloved family member in accidents and violent crimes. Surviving family members are not only wracked with grief but probably have questions about what to do next.

Contact our law firm for assistance with the legal side of your case. Florida law allows families to seek financial compensation from the person responsible for the accident by bringing a wrongful death claim. This is a complex legal claim with short deadlines. An Orlando wrongful death lawyer with JustCallMoe can explain more about your rights in a free consultation.

Florida’s Definition of Wrongful Death

The Florida Wrongful Death Act defines a wrongful death as any death caused by a breach of contract, default, negligence, or wrongful act. (Florida Statutes § 768.19). Our firm can bring a wrongful death case for any death caused by:

• Motor vehicle collisions caused by a negligent driver;
• Drunk driving accidents;
• Slip and falls;
• Premises liability accidents;
• Medical malpractice;
• Defective products;
• Criminal acts, including homicide.

Contact our office to speak with an Orlando wrongful death attorney to learn more about whether you can seek compensation in a claim.

What Damages Can You Receive in a Wrongful Death Case?

This is a civil law claim, which means that individuals can seek financial compensation for losses stemming from the fatal accident or attack. Because this is a civil claim, the state does not file the case for you. Instead, the family is responsible.

The objective is to force the defendant to pay compensation to make up for the loss. Admittedly, money will not bring your loved one back and is an insufficient form of compensation. Nonetheless, this is what we can request in a wrongful death claim.

Damages include:

• Lost income—We can request compensation to make up for what a spouse or child would have earned had they lived.
• Lost services—The deceased probably provided services to their family, such as cleaning, laundry, or meal preparation. You can request compensation for these lost services.
• Medical expenses—If your loved one was treated at the hospital after the accident, you can request compensation to pay these bills.
• Funeral and burial expenses—We can request reasonable burial expenses.
• Loss of emotional support or guidance—An untimely death causes more than economic loss. You also lose out on the relationship with your loved one.

Let our Orlando wrongful death attorney review how much to request. Some additional considerations include the defendant’s resources, as well as your loved one’s comparative negligence.

Filing a Wrongful Death Claim

Florida law states that the estate’s personal representative files the lawsuit. Although family members receive most of the compensation, the personal representation nonetheless kicks off the legal claim.

If your loved one had a valid will at death, then the personal representative should be named in it.

Often, people appoint their spouse or an elder child to serve in this role. They have many important duties in probate, and filing a legal claim on the estate’s behalf is one.

Florida also has a statute of limitations, which will come into play in most wrongful death cases. In most cases, any claim must be filed within two years of the death. Reach out to a wrongful death attorney in Orlando quickly to get a case filed. Any tardiness will undermine your legal rights, and a judge can dismiss a case filed outside the two-year window.

Did Your Loved One Die in a Criminal Attack?

Most wrongful death cases are based on accidents. For example, a distracted driver plows into an intersection and kills a child who was crossing. That is a common scenario.

But Florida law also allows family members to file these cases when the defendant committed a crime, since that qualifies as a “wrongful act” under the law.

Examples include:

• Drunk driving accidents;
• Homicide;
• Manslaughter;
• Aggravated assault or battery.

If your loved one died as a result, then we can seek compensation. We might also demand punitive damages to punish the defendant.

Steps to Take After a Tragic Death

When a child or spouse dies, your world might be reeling. This is a stressful time, and many people do not want to leave the house. However, there are steps you must take to improve the odds of bringing a strong legal claim:

1. Document the accident or attack. You might have been involved in the same accident as your family member who perished. Document what happened if you can. That might mean finding a copy of the police report, identifying witnesses, or simply writing down the location of the accident.
2. Consult an experienced wrongful death attorney in Orlando. A lawyer can begin gathering other pieces of evidence. For instance, the attack or accident could have been captured on nearby surveillance cameras. This video evidence can help us “see” the accident and who is at fault.
3. Write down anything your loved one said before dying. Some people survive for days or even weeks after a serious accident. You can document what they said, if anything.
4. Preserve defective products. Your attorney wants to inspect any product involved in a death. If your loved one died in a car crash, don’t junk the car or have it fixed right away.
5. Avoid agreeing to a settlement. The defendant could quickly reach out with a settlement offer. We recommend rejecting it. In fact, you should avoid talking to anyone, including insurance companies, until you hire a lawyer.

These steps can help families preserve a strong legal claim for compensation.

Why You Should JustCallMoe

Our founder, Moses DeWitt, is an experienced lawyer who has tackled all sorts of personal injury cases. The most important part of a wrongful death claim is proving liability; in other words, showing who is at fault.

After many accidents, the defendant blames the deceased, who cannot talk back. For example, if your husband was killed in a violent attack, the assailant might claim they acted in self-defense. Or a speeding motorist might claim your child darted in front of the vehicle and caused the crash.

Our firm has the skill to uncover the truth. Let us act as your loved one’s voice in this process.

Call an Orlando Wrongful Death Attorney

We can meet for a private consultation to discuss the death and any related legal issues. Reach out by phone or online, and we will schedule a consultation with a compassionate lawyer at JustCallMoe. We have served the 32801 zip code for years.