Are You Seeking Advice from an Orlando Wrongful Death Lawyer and Unsure About Your Compensation Rights? This is a common concern. Cases of wrongful death are often complex, leaving families of the deceased unclear about their rights. In this article, we’ll break down the compensation rights you may be entitled to in a wrongful death case.
What Compensation Can You Expect in a Wrongful Death Case?
When pursuing a wrongful death case, wrongful death attorneys in Orlando, FL will work to ensure you receive the appropriate compensation, which typically includes both economic and non-economic damages.
Economic and Non-Economic Damages Explained
Under Florida Statute Section 768.21, families of the deceased may claim economic damages such as:
- Funeral and burial expenses.
- Medical expenses incurred prior to death.
- Loss of the deceased’s earned income.
In addition to economic damages, an Orlando wrongful death lawyer can help you seek compensation for non-economic damages. As outlined in Section 768.21(3) of Florida law, these damages may include:
“The decedent’s minor children, and all of the decedent’s children, if there is no surviving spouse, may also recover for loss of parental companionship, instruction and guidance, and mental pain and suffering from the date of injury.”
How We Help You Maximize Your Compensation
A skilled wrongful death lawyer in Orlando will leverage Florida laws to increase the compensation awarded to surviving family members. For instance, if the deceased was a parent of minor children, Florida law supports compensation for the loss of companionship and guidance. Attorneys use these provisions to strengthen your case and maximize recovery.
Process for Filing a Wrongful Death Lawsuit in Florida
To pursue justice for your loved one, certain legal steps must be followed. Below, we outline the requirements and stages of the legal process.
Legal Requirements for Filing a Lawsuit
To initiate a wrongful death case, an Orlando wrongful death lawyer must ensure that:
- The death resulted from negligence or an intentional act.
- A personal representative has been appointed for the deceased.
- The lawsuit is filed within the statute of limitations.
According to Florida Statute Section 95.11(5)(e), the statute of limitations for wrongful death cases is two years.
Stages of the Legal Process
Once these requirements are met, an Orlando wrongful death attorney will guide you through the following stages:
- Initial investigation and evidence evaluation.
- Filing the lawsuit and notifying the defendant.
- Discovery: Exchange of evidence between parties.
- Negotiation of a potential settlement.
- Trial: If a settlement cannot be reached.
While most cases are resolved during settlement negotiations, your attorney will be prepared to take the case to trial if necessary.
Role of the Personal Representative
To proceed with a wrongful death lawsuit, the attorney must determine the personal representative of the deceased’s estate. If no representative has been appointed, Florida Statute Section 768.20 states that the probate court will assign one.
Factors That May Affect the Value of Your Case
Several factors can impact the value of a wrongful death case, either positively or negatively.
Severity of Circumstances
If the defendant acted with gross negligence, punitive damages may apply, as defined in Florida Statute Section 768.73. These damages aim to punish the defendant and deter similar actions in the future.
Relationship of Beneficiaries to the Deceased
Florida law prioritizes compensation for the closest surviving family members, such as the spouse and children. An Orlando wrongful death attorney will ensure these beneficiaries receive the compensation they deserve.
Common Disputes in Wrongful Death Cases
Wrongful death cases often involve disputes, such as:
- Claims that the plaintiff is partially at fault.
- Discrepancies in the evidence presented.
An experienced lawyer for wrongful death will navigate these disputes to build a strong case and advocate for your rights.
Statute of Limitations for Wrongful Death Cases
According to Florida Statute Section 95.11(5)(e), the deadline to file a wrongful death lawsuit is two years from the date of death. All attorneys for wrongful death are well-versed in this critical time frame and will ensure your case is filed promptly.
How Louis Berk Law Can Help You Fight for Justice
If you’re unsure about what to expect when hiring a wrongful death attorney, Louis Berk Law offers:
- Personalized attention to your case.
- Prompt and efficient legal handling.
- Increased likelihood of securing compensation.
If your loved one’s life was tragically cut short due to negligence, contact Louis Berk Law. Our Orlando wrongful death attorneys will fight tirelessly to obtain the justice and compensation your family deserves. By focusing on the needs of families and delivering results, Louis Berk Law has established itself as a trusted partner for those seeking justice. Don’t wait—reach out to us today.