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Wrongful Death Attorney

Dedicated Legal Guidance for Florida Wrongful Death Claims

It’s time you find a trusted wrongful death lawyer in Orlando or Casselberry. At Warner & Warner, we can help you. Give us a call and we’ll immediately attend to your needs. The death of a loved one is never easy to handle. If it seems the death was preventable and occurred due to someone else’s negligent or wrongful conduct, it can be even more difficult to accept the loss.

Clearly, you can’t turn back time and bring back your loved one; however, you may be able to find some peace and acceptance if you hold the responsible party accountable for their negligence and are compensated fairly for your loss. This could be a hard and long battle, thus consulting an Orlando wrongful death lawyer is highly encouraged. As experienced lawyers, we know that no amount of compensation can make up for your loss, but a wrongful death lawsuit can help you hold the negligent party or parties accountable and give you a sense of justice.

Seeking the Best Wrongful Death Attorney in Orlando or Casselberry?

Losing a loved one due to someone else’s negligence is devastating, and you need attorneys who handle your case with compassion and determination. At Warner & Warner, our wrongful death lawyers fight to hold responsible parties accountable while guiding families through every step of the legal process.

  • Experienced in sensitive cases – we handle wrongful death claims with care, respect, and professionalism.
  • Aggressive pursuit of justice – we take on insurance companies and negligent parties to secure fair compensation.
  • Supportive guidance for families – we provide clear answers, emotional support, and practical advice throughout your case.
  • Attention to detail in complex claims – we investigate thoroughly to ensure no aspect of your loved one’s loss is overlooked.
What is the Wrongful Death Act

The Florida Wrongful Death Act

In the State of Florida, the Florida Wrongful Death Act (FWDA) governs lawsuits brought by the surviving family members when a wrongful death is alleged to have occurred. Section 768.19 of the FWDA defines a wrongful death as “the death of a person that is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person”. The Orlando and Casselberry wrongful death attorneys at Warner & Warner represent family members who have lost a loved one because of wrongful or negligent conduct. If you are a surviving family member, we can help you navigate the complex Florida wrongful death laws to ensure that you receive the compensation to which you are entitled.

What is a Wrongful Death?

When a loved one dies, feelings of grief, depression, and even anger are common. You may even want to blame someone for the death of your loved one. Sadly, someone may have caused or contributed to their death. When a personal injury accident results in fatal injuries to the victim, the death may be considered a “wrongful death”. Although we commonly use the term personal injury “accident,” these are not true accidents. Instead, they are situations in which the wrongful or negligent conduct of another party was a contributing factor in the injuries sustained by the victim. When those injuries cause the death of the victim, the law considers it a “wrongful” death.

Common Examples of Fatal Accidents

Examples of personal injury “accidents” that could result in a wrongful death lawsuit include:

  • Automobile accidents
  • Truck accidents
  • Motorcycle accidents
  • Medical Malpractice
  • Nursing Home and Group Home Abuse/Neglect
  • Swimming pool drownings
  • Premises liability accidents
  • Industrial accidents
  • Defective products
  • Criminal acts
Wrongful Death Attorney in Casselberry FL

Wrongful Death and Medical Malpractice

Wrongful death can be due to medical malpractice and the eligible persons could file a lawsuit. It allows you to recover financial awards for damages brought by the loss. There are different types of medical malpractice, including failure to diagnose, misdiagnose, surgical mistakes and incorrect medication. You should get the services of credible wrongful death lawyers so you would be able to understand the entire scenario that you will face.

Group Home Abuse and Neglect in Florida

A wrongful death lawsuit can also be filed when abuse or neglect leads to a fatal outcome in a Florida group home. The primary responsibility of these residential facilities is to provide safe, compassionate care for adults and children with disabilities. However, when a group home is understaffed, improperly trained, or inadequately equipped, severe neglect can lead to catastrophic accidents or death. If a group home resident’s death is caused by facility negligence or caregiver misconduct, Florida law allows surviving family members to file a wrongful death claim to seek justice and accountability.

Who Can File a Wrongful Death Claim?

According to the FWDA, the decedent’s personal representative (usually the Executor of the estate) must initiate a wrongful death lawsuit; however, both the estate and the surviving family members may be entitled to monetary damages if the lawsuit is successful. Survivors include:

  • The decedent’s spouse
  • The decedent’s children
  • The decedent’s parents
  • Dependent blood relatives and adoptive brothers and sisters
  • Children born out of wedlock under specific legal conditions

What Damages Are Available in a Florida Wrongful Death Lawsuit?

The law uses the term “damages” to refer to compensation. These may be awarded to the estate, the survivors, or both.

Damages Awarded to the Estate

Damages awarded to the estate are intended to cover actual losses and include:

  • Lost wages and benefits, including earnings the deceased person could reasonably have been expected to make if they had lived.

  • Lost “prospective net accumulations” of the estate.

  • Medical and funeral expenses paid directly by the estate.

Damages Awarded to Survivors

These represent the financial impact and emotional suffering caused by the death. They may include:

  • The value of support and services provided by the deceased person.

  • Loss of companionship, guidance, and protection.

  • Mental and emotional pain and suffering due to the loss of a child.

  • Medical or funeral expenses paid by a surviving family member.

Is There a Time Limit for Filing?

The state of Florida imposes a two-year statute of limitations on most wrongful death lawsuits. It is for this reason you have to immediately consult with an experienced wrongful death lawyer as soon as you suspect negligence. This timeframe means you must initiate the lawsuit within two years of the date of death or forever waive the right to pursue the case.

How an Experienced Orlando Wrongful Death Attorney Protects Your Rights

Our experienced Orlando wrongful death lawyers understand the emotional and financial devastation survivors experience. We are committed to aggressively pursuing your right to compensation. Our extensive experience and resources ensure that we can identify all areas of loss and quantify those losses as fully and accurately as possible in order to maximize your recovery.

Contact Our Orlando and Casselberry Wrongful Death Attorneys for a Free Review

If you’ve been searching for a wrongful death lawyer you can trust, you’ve found the right source already. At Warner & Warner, every wrongful death lawyer on our team is committed to helping families seek justice. We want to hear what happened to your loved one and help you pursue fair compensation for your loss. Call us at 321-972-1889 to schedule your free consultation.

Notable Cases

  • When a worker was fatally crushed by a defective industrial mulch machine because designers removed a critical safety grate to maximize profits, Warner & Warner pursued comprehensive wrongful death claims against the employer, manufacturer, and designer.

  • When a commercial property owner repeatedly ignored warnings to repair damaged concrete parking stops, a legally blind elderly man suffered a fatal trip and fall.

Frequently Asked Questions About Florida Wrongful Death Claims

Losing a loved one due to someone else’s negligence is devastating. Our Casselberry and Orlando wrongful death attorneys provide compassionate guidance and clear answers to help your family navigate Florida law and pursue justice.

Under the Florida Wrongful Death Act, only the personal representative of the deceased person’s estate (usually the executor named in a will or appointed by the court) can formally file a lawsuit. However, the lawsuit is filed on behalf of both the estate and surviving family members—including a spouse, minor children, parents, or dependent relatives—who are eligible to receive damages.

In Florida, the statute of limitations for most wrongful death lawsuits is two years from the date of death. If you fail to initiate legal action within this strict two-year window, your family will lose the legal right to seek financial compensation in court.

Surviving family members can recover compensation for mental pain and suffering, loss of companionship and protection, loss of financial support and household services, and medical or funeral expenses paid by a survivor. The estate can also recover lost earnings, prospective net accumulations, and estate-paid medical and funeral bills.

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