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Orlando Wrongful Death Attorney

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Wrongful Death Attorney Orlando FL

Wrongful Death Attorney Orlando, FL

When someone you love has tragically passed away, and you believe someone can be held responsible, contacting our Orlando, FL wrongful death attorney is a good place to start. Losing a loved one is one of the most difficult experiences anyone can go through. When your loved one’s death occurred because of an individual’s actions or failure to act, you may be able to file a wrongful death claim. The process of filing a claim can be overwhelming, especially when you are starting it so shortly after the passing of your loved one. To help with the process, you can receive help from a qualified lawyer. By reaching out to our team from David & Philpot P.L., we can determine whether you can take your case forward. Our firm will assist you when you need legal guidance the most, don’t delay getting the help you need- schedule a consultation as soon as possible. 

Table Of Contents

Scenarios That Can Lead to a Wrongful Death

In a wrongful death case, a person dies because of another person’s negligent actions or inaction. A variety of scenarios can lead to wrongful death. Some of the most common accidents occur in the workplace or happen because of medical malpractice. Here are just some case scenarios that a wrongful death lawyer often handles:

  • Auto accidents 
  • Truck accidents
  • Bicycle accidents
  • Medical malpractice
  • Construction accidents
  • Accidental drowning
  • Workplace accidents
  • Defective products

A wrongful death lawsuit does not consist of criminal charges because the goal is to obtain compensation for the plaintiff. Even if a party is found to be guilty, punitive damages are not applied in a wrongful death suit. 

Proving Your Wrongful Death Case

Wrongful death is a difficult situation, and taking legal action can be difficult for a family to contend with. This is especially true after unexpectedly losing a loved one. However, know that there are critical components that must be present when pursuing a wrongful death claim. While you and your family could be entitled to compensation for your losses, meeting with a lawyer from our firm could be the best way to initiate the process. A lawyer who specializes in wrongful death claims understands what needs to be done in order to achieve the best outcome. There are particular requirements you must meet in order to file the claim successfully. We will review your claim to determine if the four elements of wrongful death are available in your case: 

  1. The party responsible was negligent for your loved one’s wrongful death.
  2. The responsible party owed a duty of care that was ultimately breached.
  3. Negligence resulted in your loved ones passing.
  4. There are financial losses such as medical expenses, pain and suffering, funeral expenses, loss of income, and more. 

Proving all of these elements can be hard to do, especially if you are not very familiar with the legal system and claims process. It may be better to hire a lawyer to handle the claim yourself and advocate for you. If these elements are present, we will work closely with you to strategize your case against the parties who need to be held responsible. 

Filing a Wrongful Death Claim

Typically, before moving towards litigation in the form of a wrongful death lawsuit, it may be appropriate to demand settlement from the insurance company in the form of a wrongful death claim. This is often the most appropriate way to move forward because, through negotiations, our team may obtain fair compensation. In many cases, negotiating a fair settlement is possible, though it may take some time to achieve. However, it’s best to proceed with caution by retaining a lawyer with experience in representing wrongful death cases. Insurance companies can be challenging to negotiate with and will be looking at every opportunity to settle your case for as little as possible. They do not work in your favor, and their only interests are minimizing the amount they have to pay, even if it’s not what you deserve. However, when you work with a seasoned professional, you will have someone who will gather evidence and negotiate with insurance companies to obtain the best possible outcome. They are knowledgeable about the many tactics insurance companies will use. Don’t pass up the chance to work with a lawyer who will be your fiercest advocate and take on unreasonable insurance companies. With our skills, we will know when negotiations should continue, accept an offer, and pursue litigation. 

Statutes of Limitations

Every state has a different statute of limitations for wrongful death claims. Before you file your claim, make sure to check what the statute of limitations are in your area. Only certain family members are eligible to file a wrongful death lawsuit, so if you are not sure if you can file one check with a trusted lawyer. The state of Florida does have a statute of limitations in place for wrongful death. According to the state of Florida, a wrongful death case generally cannot be brought about more than 2 years following the death of the person involved. This means that the case can typically only be submitted within that 2-year window. While 2 years sound like a long time, the different factors and complexities of these cases could take a long period of time to complete. Contact a wrongful death attorney in Orlando, FL from David & Philpot P.L. to ensure that your case is submitted within that time frame. Our lawyers will review your case and build a strong strategy to bring about the results that you desire. 

Potential Damages in a Wrongful Death Case

The damages involved in a wrongful death case can vary depending upon the circumstances. Specific financial calculations will be made for those who have been left behind due to the death of someone in a wrongful death case. For example, if one parent passes away and leaves a spouse and children behind, then the family may be eligible for certain reimbursements. These reimbursements can seek to cover what finances have been lost as well as services from that individual. They also can take into consideration future services and finances that will have been lost due to the passing on of the decedent. An experienced Orlando, FL wrongful death attorney from David & Philpot P.L. can help you to understand these financial terms better and what they mean for those who have been affected by this untimely death. These types of cases can be complex with a lot of different factors involved, which is why it is important to consult with good and experienced legal counsel.

Other Reimbursements

There are a variety of other things that can be taken care of financially in a wrongful death case. Funeral expenses, medical bills, and emergency services on behalf of the decedent can all be covered in a wrongful death case. Your Orlando, FL wrongful death attorney can fill you in more on these details and how to go about receiving that coverage. Another thing that can be included in the pain and suffering that the decedent may have experienced before they passed away. This reimbursement varies in total and depends upon different factors that your lawyer can detail to you. The family may also be eligible for pain and suffering as the courts understand that the family must be or have already gone through a very difficult time in their life. There are many other damages and reimbursements that could be awarded depending on your case. A few of these others include loss of companionship, guidance, and more. It’s understood that no amount of financial compensation can fully heal a person or bring a loved one back, but at the very least there are a variety of different things that should be covered and compensated due to the negligent actions of someone else that has left you or your loved ones in this situation. 

Orlando Wrongful Death FAQs

At David & Philpot Personal Injury Law, our primary consideration is helping you achieve your goals. The more you understand about wrongful death lawsuits, the easier it is for you to decide what type of legal action you want to pursue and what kind of compensation you need.

You should always feel comfortable asking questions about anything you don’t understand when speaking with a wrongful death attorney in Orlando, FL. Here are some FAQs about wrongful death to help you.

What Is Wrongful Death?

The term wrongful death means actions that led to someone’s death. Generally, this happens because of the negligence of a person or company.

For example, drivers have a responsibility to drive in a safe manner. If someone was speeding or driving recklessly and they caused a crash that killed a loved one, this would be wrongful death. The same negligence can apply to medical malpractice, construction accidents and pedestrians killed by inattentive drivers.

Sometimes, wrongful death can refer to deliberate actions, such as a crime. You may file a wrongful death claim against criminals that shot and killed a loved one during a break-in. A wrongful death attorney in Orlando, FL can help you decide what legal action to take.

What is a wrongful death attorney?

A wrongful death attorney in Orlando, FL is a legal professional who helps families file civil lawsuits after a loved one has died as the result of someone else’s negligence or wrongdoing. If you have recently lost a family member and believe that their death was due to the negligence of another person or entity, it is important to reach out to a wrongful death attorney from David & Philpot for help. They can advise you on your legal options and help you seek justice for your loved one.

Wrongful death attorneys in Orlando, FL are important individuals to have on your side after the death of a loved one. This type of attorney can help you get the compensation you deserve for the loss of your loved one. 

What Is the Difference Between a Wrongful Death Lawsuit and a Personal Injury Lawsuit?

It’s possible to need to modify a personal injury lawsuit and file a wrongful death claim instead. This can happen if a family member was severely injured and passes away from their wounds. Both personal injury claims and wrongful death claims revolve around injuries caused by negligence or defective products. The main difference is whether the victim has passed away.

Can you file a wrongful death lawsuit in Florida if you were in the middle of personal injury litigation? The answer is yes, as long as you do so within the established statute of limitations. This is why you should contact a wrongful death attorney in Orlando, FL as soon as possible.

What Is the Difference Between a Civil Wrongful Death Case and a Criminal Trial?

When an individual files a wrongful death lawsuit, it’s a civil case. For example, if negligence caused the family’s primary provider to pass away, it’s reasonable to expect the responsible party to pay damages. A wrongful death attorney in Orlando, FL can help you obtain benefits to make up for lost wages, emotional support, parental guidance, and pain and suffering.

On the other hand, a criminal case is brought by the government when someone commits a crime. Depending on the circumstances, wrongful death may involve both civil court cases and a criminal trial, such as when a drunk driver causes a fatal accident.

Who Can File a Wrongful Death Lawsuit in Florida?

The law states that the wrongful death claim needs to be filed by the personal representative of the deceased. At David & Philpot Personal Injury Law, you can find a wrongful death attorney in Orlando, FL with experience representing the estate. Other parties that can file include the spouse, surviving children, parents, dependents, and estate beneficiaries.

Questions to Ask Your Wrongful Death Attorney

Is My Wrongful Death Claim Valid?

During your initial consultation with a wrongful death attorney in Orlando, FL, you should receive a case evaluation. The lawyer should tell you whether your claim is valid. Wrongful death claims have very specific legal requirements, including who can file a claim. Therefore, you need to establish whether you fall into this category.

You should also ask if you have a strong case and have a probability of receiving compensation. Most attorneys will not take your case unless they believe your case is strong enough for a decent settlement or award of damages. Although they cannot guarantee you victory, most attorneys won’t take a wrongful death case unless they believe they have a good chance of winning.

What Is Your Wrongful Death Experience?

Whether you are interviewing an individual wrongful death attorney in Orlando, FL, or you are consulting with a firm, e.g., David & Philpot Personal Injury Law, you should discuss their experience. Not only should the attorney and firm have extensive experience in law, but they should also have experience in wrongful death cases. You should also find attorneys who have worked on many cases like yours because each type of wrongful death case has unique nuances and characteristics.

What Damages Can I Expect?

A wrongful death firm, such as David & Philpot Personal Injury Law, cannot predict the amount you will receive at the end of your case. However, if the firm and attorney have extensive experience in these types of cases, they should be able to give you a ballpark number. They cannot guarantee your outcome, but they may feel you are entitled to a specific or general amount of money.

Some of this calculation is based on monetary factors, such as lost wages and medical expenses, while some is based on nonmonetary factors, such as pain and suffering.

Do You See Any Challenges in My Case?

No wrongful death case is without its challenges. Any attorney who tells you differently is not being honest. Although these individuals cannot predict your outcome, they can typically identify any challenges you or they may face during the process of negotiating or trying your case. For example, a criminal investigation and trial may delay your personal civil trial.

Am I Within the Statute of Limitations?

Every personal injury case, including wrongful death cases, has a statute of limitations. Your wrongful death attorney in Orlando, FL, has a specific deadline for filing your claim and lawsuit because it is difficult to gather and evaluate evidence as the case gets older. Therefore, ask when your statute of limitations expires.

4 Good Reasons To Hire a Wrongful Death Lawyer

1. Knowing the Value of a Case

A wrongful death attorney in Orlando, FL, usually has experience with this type of personal injury law. Wrongful death claims can be made against a party who you believe caused such severe damages that someone you know died because of them. There is no greater damage from one human to another. The benefit of hiring an attorney, such as one from David & Philpot Personal Injury Law, is that they know the state laws well and they know the court system well. It’s pretty much essential to hire a competent attorney to handle such an important legal case.

2. Knowing the System

An attorney who practices wrongful death claims knows the court system well enough to estimate what your outcome will be based on the dispute and the evidence at hand. In some cases, an attorney might strategize in order to try and make a deal out of court for compensation of the damages, but if the dispute can’t be settled, a wrongful death attorney in Orlando, FL, should be ready to take things to court and fight for you at trial.

3. Knowing Efficiency

Despite the large cost to involve a wrongful death attorney in Orlando, FL, in the end, you will be saving time and money. Trying this sort of thing without an attorney will be a huge lesson in learning things the hard way. Navigating the system in and out of court, and filing proper paperwork on time is the sort of thing that can quickly set you back and possibly spoil a good outcome. Fortunately, an experienced attorney can guide you like a good partner and get things done right the first time through.

4. Knowing How to Win a Trial

Trials can be counterintuitive. Things aren’t quite like you might see on television or in movies. Having a great orator who has experience with the whole process is a priceless advantage. Because the situation of wrongful death claims can cause emotions to bleed out, especially in a tense courtroom, it’s a good idea to have a wrongful death attorney in Orlando, FL, speaking on your behalf and keeping things objective. An attorney from David & Philpot Personal Injury Law should know when to pull on the heartstrings of the courtroom and when not to. Everything from knowing the judge to jury selection and wardrobe selection could become important in the long run.

If you have lost a loved one due to someone else’s negligent actions, you may want to speak with an Orlando, FL wrongful death lawyer. Wrongful death cases are some of the most heart-wrenching legal matters, and Orlando, Florida, is no stranger to such unfortunate incidents. Wrongful death laws in Orlando aim to provide a legal avenue for surviving family members to seek justice and compensation when their loved ones are lost due to someone else’s negligence or intentional actions. 

Understanding Wrongful Death

Wrongful death occurs when an individual loses their life as a direct result of another person’s negligence, recklessness, or intentional misconduct. It can happen in various situations, including car accidents, medical malpractice, workplace accidents, and even criminal acts. In Orlando, just like the rest of Florida, wrongful death is recognized as a civil matter, distinct from criminal cases. Surviving family members may file a lawsuit to seek compensation for their loss.

Who Can File A Wrongful Death Claim?

Florida law specifies who is eligible to file a wrongful death claim in Orlando. The following parties have the legal standing to bring a wrongful death lawsuit:

  • The deceased person’s spouse
  • The deceased person’s children, both biological and adopted
  • Parents of the deceased, if the deceased was a minor child
  • Blood relatives, including siblings, who are wholly or partly dependent on the deceased for support or services

The Statute Of Limitations

In Orlando, as in the rest of Florida, there is a statute of limitations governing wrongful death claims. Survivors usually have two years from the date of the deceased’s passing to file a wrongful death lawsuit. An Orlando wrongful death attorney advises torespect this time frame, as failure to file within the prescribed period can result in the case being dismissed.

Burden Of Proof

In wrongful death cases, the burden of proof rests on the plaintiff, who must demonstrate that the defendant’s actions were the proximate cause of the deceased person’s demise. This can be challenging, as evidence must establish not only the defendant’s negligence or misconduct but also the link between their actions and the death.

Potential Damages

When a wrongful death lawsuit is successful in Orlando, the court may award various types of damages to the survivors. These may include:

  • Economic Damages: These encompass the financial losses incurred by the survivors due to the death. They can include medical expenses, funeral costs, loss of future earnings, and loss of benefits.
  • Non-Economic Damages: These are less tangible losses, such as pain and suffering, loss of companionship, and emotional distress experienced by the survivors.
  • Punitive Damages: In cases of extreme negligence or intentional misconduct, the court may award punitive damages to punish the defendant and deter future wrongful actions.

Complications And Limitations

Wrongful death cases in Orlando, like anywhere else, can be complex and challenging. It’s important to note that there may be limitations on damages, depending on the circumstances and the relationship between the deceased and the survivors. For example, there may be caps on non-economic damages in medical malpractice cases.

If your family member was killed because of another person’s carelessness, schedule a consultation with an Orlando wrongful death attorney. At David & Philpot P.I, we want to help you get the justice you deserve.

Orlando Wrongful Death Infographic

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The benefits of working with a wrongful death attorney

When a loved one is killed as the result of someone else’s negligence, it can be difficult to know where to turn. You may be tempted to try to handle the legal proceedings on your own, but this is not recommended. Working with a wrongful death attorney can help ensure that you receive the compensation you deserve for your loss. Here are some of the benefits of working with a wrongful death attorney: 

  • They have experience handling these types of cases. 
  • They understand the complex legal process and can guide you through it. 
  • They will fight for your rights and get you the best possible outcome. 
  • They can provide support and guidance during difficult times. 

If you have recently lost a loved one, you may be wondering if you have any legal options. In some cases, it may be wise to work with a wrongful death attorney. They will work tirelessly to ensure that the person or company responsible is held accountable for their actions. Additionally, they can provide emotional support and guidance throughout the legal process. If you have lost a loved one due to someone else’s negligence, don’t hesitate to contact a wrongful death attorney. 

The Benefits of Consulting with Our Firm

When grieving the loss of a loved one, the thought of pursuing legal action can seem complicated and overwhelming. However, the best place to start is by consulting with our firm. Initial consultations can offer a variety of benefits to families. There is no risk involved and everything you say in a consultation is confidential. When you schedule a consultation, you experience several benefits: 

  • The opportunity to consult with a professional about your case 
  • The ability to have your many questions answered
  • A recommendation for how to move forward
  • Determine with the lawyer you are meeting is a match for you

The consultation allows you to explain the circumstances of your loved one’s death to the lawyer. It is your chance to explore your legal options and receive advice for what actions to take.

We understand that taking legal action may not be what you want to do at this moment so soon after the passing of your loved one. It can be a lengthy and stressful process. However, your family deserves justice and closure for what happened to your loved one. There may be significant compensation that you can recover. If your loved one died because of a person’s negligent actions, they should be held accountable

When someone near and dear to your heart has passed away tragically, knowing the best course of action can be difficult. Although you may be considering whether legal recourse is available, without assistance from a firm like David & Philpot P.L., you won’t gain a clear picture of what should be done next. We are passionate about the law and serving our clients when they need us the most. To schedule a consultation today with our Orlando, Florida, wrongful death attorney. 

Orlando Wrongful Death Statistics

According to the National Center for State Courts. there are an estimated 35,000 wrongful death lawsuits filed each year in the United States. The types of cases that are most likely to result in a wrongful death lawsuit include:

  • Medical malpractice
  • Motor vehicle accidents
  • Product liability
  • Premises liability
  • Workplace accidents
  • Violent crimes

How Our wrongful death attorney can help you during this difficult time

When someone you love dies due to the negligence or wrongdoing of another person, it can be an incredibly difficult time. You may feel overwhelmed and confused about what to do next. That’s where a wrongful death attorney comes in. A wrongful death attorney from the office of David & Philpot, P.L. can help guide you through the legal process and ensure that your loved one’s estate is handled fairly.

If you have recently lost a loved one as the result of another person’s negligence, you may be feeling overwhelmed and searching for answers. You may be wondering who can help you hold the individual or organization responsible for your loved one’s death accountable. The wrongful death attorneys in Orlando, FL at David & Philpot, P.L. are here to provide support and guide you through this difficult time. We understand that no amount of money can replace your loved one, but we will work tirelessly to ensure that you receive the compensation you deserve. Contact us today for a free consultation to discuss your case.

David & Philpot, PL, Orlando Wrongful Death Lawyer

1936 Boothe Circle Longwood, FL 32750

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David & Philpot, PL