The Orlando wrongful death attorneys at David & Philpot, PL are sensitive to the challenges families face when dealing with a tragic loss. We also provide the aggressive and effective representation that families need to prevail in wrongful death cases.
Surviving family members have the legal right to pursue compensation through a wrongful death lawsuit when negligence or wrongdoing by another results in the loss of their loved one.
What is wrongful death?
Florida law recognizes a cause of action for wrongful death when it results from one or more of the following:
- Wrongful act. When someone violates the law, for example, by driving under the influence or driving recklessly on navigable waters, these actions are wrongful. If they result in death, they provide grounds for a lawsuit.
- Negligence. When one party owes another a duty of care, and breaching that duty causes injury, negligence occurs. A building owner who fails to repair an elevator in dangerous condition or at least warn visitors about the hazard breaches a duty of care. When this breach results in death, the surviving family may be able to sue based on negligence.
- Default. Default differs from negligence in that someone intentionally fails to perform a duty, rather than being careless or neglectful about the duty. For example, a builder who intentionally moves forward with a building plan in violation of fire and building codes may be held liable in a building collapse that kills people.
- Breach of contract or warranty. Use of a product establishes a contract between the consumer and manufacturer, and Florida implied warranty law demands that goods be fit for their intended purpose. When consumers suffer injury or death while using a defective product as intended, the manufacturer is liable for breach of contract or warranty. An example is a defective jet ski that loses steering capability when shifting and subsequently causes a crash, killing someone.
The Role of A Wrongful Death Attorney
A wrongful death lawyer has the job of proving fault and holding parties accountable in a lawsuit. Investigating the accident, gathering evidence, and developing effective case strategies are important elements of any successful wrongful death claim. Lawyers also must be able to estimate the value of damages that surviving family members can recover and competently negotiate fair settlements, or win cases through verdict.
Arrange A Consultation To Discuss Wrongful Death
Our attorneys have decades of experience helping families find closure and compensation through wrongful death cases. Contact an Orlando wrongful death attorney today to find out about your legal options.