It’s time you find a trusted wrongful death lawyer in Orlando. Here 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 wrongful death lawyers is highly encouraged.
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.”
HIRE WRONGFUL DEATH ATTORNEYS IN ORLANDO
The Orlando 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, and the responsible parties are held accountable.
WE HAVE THE BEST WRONGFUL DEATH ATTORNEYS IN ORLANDO
We take pride in having the best wrongful death attorneys in our firm.
Over the years, we’ve handled many lawsuits that have allowed us to identify different wrongful death cases. Our extensive knowledge and passion to help innocent people have been our driving force behind what we do. At Warner & Warner, you are in good hands.
WHAT IS A WRONGFUL 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. Some common examples of personal injury “accidents” that might result in a wrongful death claim include:
✔️ Truck accidents
✔️ Industrial accidents
✔️ Swimming pool drownings
✔️ Automobile accidents
✔️ Premises liability accidents
✔️ Motorcycle accidents
✔️ Criminal acts
✔️ Defective products
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 malpractices, including failure to diagnose, misdiagnose, surgical mistakes and incorrect medication.
GROUP HOME ABUSE AND NEGLECT IN FLORIDA AND WRONGFUL DEATH LAWSUITS
A wrongful death lawsuit can also be filed when there is proven abuse in group homes for disabled adults in Florida.
The main objective of nursing homes is to treat our loved ones with utmost care. However, if the group home is not well-equipped and short-staffed, this could lead to accidents or even death.
In Florida, when a nursing home resident’s death is due to negligence, the surviving family can file a lawsuit. You should get the services of credible wrongful death attorneys so you would be able to understand the entire scenario that you will face.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
Allow us to help you understand if you are eligible to file for 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, for purposes of recovering damages in a Florida wrongful death lawsuit, include:
✔️ The decedent’s spouse
✔️ The decedent’s children
✔️ The decedent’s parents
✔️ Any blood relatives and adoptive brothers and sisters who are partly or wholly dependent on the decedent for support or services
✔️ Children born out of wedlock of a mother, but not the child born out of wedlock of the father, unless the father has recognized a responsibility for the child’s support
WHAT DAMAGES ARE AVAILABLE IN LAWSUIT FOR WRONGFUL DEATH IN FLORIDA?
In a lawsuit for wrongful death in Florida, damages may be awarded to the estate, the survivors, or both. Damages awarded to the estate are intended to cover actual losses. Examples of damages that may be awarded to the estate include:
- Lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived.
- Lost “prospective net accumulations” of the estate, or the value of earnings the estate could reasonably have been expected to collect if the decedent had lived.
- Medical and funeral expenses that were paid directly by the estate.
Unlike damages awarded to the estate of the decedent, damages awarded to a survivor represent the financial impact and emotional suffering caused by the decedent’s death. These damages may include:
- The value of support and services the deceased person provided to the surviving family member.
- Loss of companionship, guidance, and protection provided by the deceased person.
- Mental and emotional pain and suffering due to the loss of a child.
- Medical or funeral expenses any surviving family member has paid for the deceased person.
IS THERE A TIME LIMIT FOR FILING WRONGFUL DEATH CASES LAWSUITS?
The state of Florida imposes a two-year statute of limitation on most wrongful death cases lawsuits. It is for this reason you have to immediately consult with an experienced Orlando Wrongful Death Attorney as soon as you suspect negligence.
In practical terms, this means that most claimants in a wrongful death lawsuit must initiate the lawsuit within two years of the date of death or forever waive the right to pursue the lawsuit and hold the at-fault party (or parties) accountable.
WHEN TO CONTACT AN ORLANDO WRONGFUL DEATH LAW FIRM?
Do not waste time and reach out to the best wrongful death law firm in Orlando.
No amount of compensation can make up for the loss of a loved one; however, if another party is wholly or partially responsible for your loss, that party should be held legally accountable and you should be compensated for your losses and suffering. Moreover, your loved one would undoubtedly want you to be compensated.
WRONGFUL DEATH LAWYERS WITH YEARS OF EXPERIENCE
Our experienced Orlando wrongful death lawyers understand the emotional and financial devastation survivors of a wrongful death experience. We are committed to aggressively pursue 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.
FIND A WRONGFUL DEATH ATTORNEY FOR YOUR CASE
If you’ve been searching for a wrongful death attorney you trust, you’ve found the right source already.
For help with your wrongful death case, please contact the Orlando wrongful death lawyers at Warner & Warner at 321-341-6783 or submit our “Do I Have a Case?” form online. We want to hear what happened to your loved one and help you pursue fair compensation for your loss.