Wrongful Death Attorney in 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.
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 a 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:
- The party responsible was negligent for your loved one’s wrongful death.
- The responsible party owed a duty of care that was ultimately breached.
- Negligence resulted in your loved ones passing.
- 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.
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 is 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 you on. The family may also be eligible for pain and suffering as the courts understand that the family must be or already went through a very difficult time in their life. There are many other damages and reimbursements that could be awarded depending upon 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.
Wrongful Death FAQs in Florida
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 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 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.
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. So schedule a consultation today with our Orlando, Florida, wrongful death attorney.