We understand that you are going through a challenging time. During this challenging period, it’s essential to have a trusted orlando wrongful death lawyer on your side. Follow these steps to ensure you obtain a fair defense.
Understanding Wrongful Death in Orlando: What Does It Mean?
Before diving into the steps you need to take, it’s crucial to understand what wrongful death means. In legal terms, wrongful death occurs when a person’s death results from a wrongful, careless, reckless, or intentional act committed by another individual or entity. Under Florida law, wrongful death is defined in section 768.19 of the Florida Statute. An experienced orlando wrongful death attorney knows that in these cases, family members are seeking justice for their lost loved one.
The Legal Process: What to Expect in a Wrongful Death Case
According to section 95:11 (5e) of the Florida Statute, representatives of the decedent have up to 2 years to file a lawsuit in a wrongful death case. Engaging with a wrongful death attorney in orlando fl early on is critical to ensure that all legal deadlines are met and your case is properly handled.
Key Steps to Take Immediately After a Wrongful Death
Wrongful death cases are complex and emotionally charged. Here are some crucial steps to help strengthen your case:
1. Contact a orlando wrongful death lawyer as soon as possible to discuss your case and understand your legal rights. Professional guidance will help you navigate the intricate legal process.
2. Ensure you have official documentation verifying the cause of the deceased’s death. This certification is a critical piece of evidence for your case.
3. Collect any evidence that can help prove that the death was wrongful. This might include medical records, eyewitness accounts, and any other documentation that supports your claim.
Factors That Influence the Value of Your Wrongful Death Claim
When calculating compensation, attorneys for wrongful death consider several factors:
Calculable Economic Losses
These losses include:
- Loss of the deceased’s income.
- Medical expenses incurred before death.
- Funeral expenses.
These economic losses, among others, are detailed in section 768.21 of the Florida Statute.
Emotional Impact and Noneconomic Damages
Section 768.21 also covers non-economic damages such as emotional impact, pain, and suffering. For example, the statute specifies that:
“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.”
An experienced wrongful death lawyer in orlando will ensure that these aspects are appropriately factored into your claim.
Defendant’s Conduct and Punitive Damages
Punitive damages act as a civil penalty for defendants whose actions are deemed extremely outrageous and socially unacceptable. Florida’s section 768.73 outlines the limitations on punitive damages and the circumstances under which a lawyer for wrongful death may pursue them.
Main Causes of Wrongful Death in Florida
Understanding the primary causes of wrongful death is essential for evaluating your case and determining the best strategy for pursuing compensation. Several factors may contribute to a wrongful death claim, and having a clear understanding of these causes can help you work more effectively with your orlando wrongful death lawyer. Common causes include:
Car Accidents and Negligent Driving
Car accidents remain one of the leading causes of wrongful death in Florida. Florida law clearly outlines the rules that every driver must follow, emphasizing the importance of safe driving practices. For example, section 316.183 of the Florida Statute specifically addresses speeding and related traffic violations. When a driver exceeds the legal speed limit or drives recklessly, it significantly increases the risk of a fatal crash. An experienced orlando wrongful death attorney will investigate whether any traffic laws were violated and work to demonstrate that negligence on the part of another driver led to the fatal accident.
In addition to speeding, other factors such as distracted driving, driving under the influence, or failing to yield the right of way can also contribute to a wrongful death claim stemming from car accidents. A thorough investigation into these issues not only helps establish liability but also strengthens your case by providing clear evidence of the other party’s negligence. By leveraging their expertise and understanding of traffic laws, your wrongful death lawyer in orlando can help you build a robust case that may lead to a more favorable settlement.
Medical Malpractice and Healthcare Errors
Medical malpractice and healthcare errors represent another significant cause of wrongful death in Florida. These cases often arise from situations where healthcare professionals fail to provide the standard of care expected of them, resulting in fatal errors. Common examples include misdiagnoses, surgical mistakes, medication errors, and failure to provide appropriate treatment for critical conditions. These types of errors are complex and can be highly controversial, as they may involve multiple parties, including doctors, nurses, and hospital administrators.
Florida Statute section 766.102 provides guidelines regarding medical malpractice and sets forth the requirements needed to establish a successful wrongful death claim in such cases. An experienced orlando wrongful death lawyer will meticulously examine all medical records, consult with healthcare experts, and determine whether the negligence of medical professionals directly contributed to your loved one’s death. By doing so, they can help ensure that all responsible parties are held accountable and that you receive the compensation you deserve.
Industrial Accidents and Employer Liability
Workplace accidents and industrial incidents also account for a significant number of wrongful death claims in Florida. These tragic events can occur in various industries, including construction, manufacturing, transportation, and agriculture. In many instances, wrongful death arises from unsafe working conditions, inadequate training, or a failure on the part of the employer to comply with occupational safety regulations.
When an employee dies as a result of an industrial accident, attorneys for wrongful death must determine whether the employer’s negligence or misconduct played a role in the fatality. This might involve scrutinizing the company’s safety protocols, investigating whether proper equipment was used, or assessing whether regulatory standards were met. Experienced wrongful death attorneys in orlando florida will gather evidence from accident reports, witness testimonies, and occupational safety records to build a compelling case. Their goal is to establish a direct link between the employer’s negligence and the tragic loss, thereby ensuring that the responsible parties are held accountable.
How a Wrongful Death Lawyer Can Help You
The complexities of Florida law make it challenging for a grieving family to navigate the legal process alone. A seasoned orlando wrongful death lawyer will ensure that your rights are protected and help you secure the compensation you deserve.
Failing to seek professional legal advice can greatly reduce your chances of obtaining a fair defense and the compensation needed to cover your losses. Engaging an experienced wrongful death lawyer in orlando increases the likelihood that your case will be handled competently.
If you have lost a loved one due to someone else’s negligence, the experienced team at Louis Berk Law is here to help. Our wronful death attorneys in orlando florida are committed to securing justice for you. Contact us today for a free consultation and take the first step toward obtaining the compensation your family deserves.