Are you consulting with an orlando wrongful death lawyer but still uncertain about your compensation rights? You’re not alone. Wrongful death cases are notoriously complex, and many families of the deceased often struggle to fully understand what they are entitled to receive. In this article, we break down the compensation rights available in a wrongful death case, and explain how working with experienced professionals like our wrongful death attorney in orlando fl can make a significant difference.
What Compensation Can You Expect in a Wrongful Death Case?
When pursuing a wrongful death claim, the legal team—comprised of wrongful death attorneys in orlando florida—will work to secure several types of compensation for you, including both economic and non-economic damages.
Economic Damages
Under Florida law (specifically Florida Statute section 768.21), the family members of the decedent may be eligible for economic damages such as:
- Funeral-related expenses.
- Medical expenses incurred from injuries sustained prior to death.
- Loss of the decedent’s earned income.
These tangible costs are carefully documented and defended by your orlando wrongful death attorney to ensure that all recoverable expenses are included.
Non-Economic Damages
Non-economic damages are also a crucial component of a wrongful death claim. As outlined in section 768.21(3) of Florida law:
“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.”
This means that the loss of intangible benefits, such as love, guidance, and emotional support, is also taken into account when a wrongful death lawyer in orlando calculates the overall value of your claim.
How We Help You Maximize Your Compensation
A skilled lawyer for wrongful death can significantly enhance the compensation that your family receives. By relying on local Florida laws and leveraging a deep understanding of the complexities involved in these cases, your legal representative ensures that every potential benefit is pursued.
For example, if the wrongful death involves a parent of minor children, specific provisions like those in section 768.21(3) come into play, allowing the children to claim for non-economic damages. This additional layer of support is critical to obtaining a full and fair settlement.
The Process for Filing a Wrongful Death Lawsuit in Florida
Filing a wrongful death lawsuit requires that certain legal prerequisites are met. An experienced attorneys for wrongful death will guide you through every step of this process:
Legal Requirements for Filing a Lawsuit
To initiate a wrongful death claim, your orlando wrongful death attorney must ensure that:
- The death resulted from negligence or an intentional act.
- A personal representative is appointed to act on behalf of the decedent’s estate.
- The lawsuit is filed within the designated statute of limitations—detailed in section 95:11(5e) of the Florida Statute—with a maximum time limit of two years.
Stages of the Legal Process
Once the necessary criteria are met, your case will typically progress through the following stages:
- Initial Investigation and Evidence Evaluation: Your wrongful death attorney in orlando fl gathers all relevant evidence to build your case.
- Filing the Lawsuit: The claim is formally initiated and the defendant is notified.
- Discovery Phase: Both parties exchange evidence and information.
- Settlement Negotiations: Your lawyer negotiates a settlement that adequately covers your losses.
- Trial: If a fair settlement isn’t reached, the case may proceed to trial, though many cases are resolved out of court.
Role of the Personal Representative
Identifying the correct personal representative of the decedent’s estate is essential. If there’s no document specifying a representative, Florida Statute section 768.20 mandates that the probate court appoint one. This ensures that the claim is filed correctly and handled with the appropriate legal authority.
Factors That May Affect the Value of Your Case
Several factors can influence the ultimate compensation award in a wrongful death case:
Severity of Circumstances
The gravity of the incident is a major determinant. In cases where the defendant’s actions were grossly negligent, punitive damages—outlined in section 768.73 of the Florida Statute—may also be awarded.
Relationship to the Decedent
Typically, the closest relatives, such as the surviving spouse and children, are considered primary beneficiaries. Your orlando wrongful death lawyer will work to ensure that the compensation is directed towards these beneficiaries, reflecting both economic losses and non-economic damages.
Common Disputes
Disputes often arise over whether the plaintiff bears any fault or if there are discrepancies in the evidence. However, an experienced attorneys for wrongful death will address these issues head-on, ensuring that they do not hinder your claim.
Florida Wrongful Death Law: What You Need to Know
Florida’s wrongful death laws are designed to protect the rights of the deceased’s survivors by allowing them to pursue compensation for their losses. One critical aspect is the statute of limitations—wrongful death claims must be filed within two years from the date of death, as specified in section 95:11(5e) of the Florida Statute.
How Louis Berk Law Can Help You Fight for Justice
At Louis Berk Law, our team of orlando wrongful death attorneys is dedicated to providing personalized attention and prompt handling of your case. When your loved one’s life is tragically cut short due to negligence, you deserve a legal team that will fight tirelessly on your behalf.
What You Can Expect When Working With Us
- Personalized Case Management: We understand that every wrongful death case is unique, and we tailor our approach to meet your specific needs.
- Efficient Handling: Our process is designed to move swiftly, ensuring that your case is resolved as quickly as possible without compromising on quality.
- Enhanced Chances of Success: With our extensive experience and deep knowledge of Florida wrongful death law, we increase your chances of receiving the full compensation you deserve.
If you believe that your family is entitled to justice, do not hesitate to contact our experienced orlando wrongful death lawyer today. Our team is ready to guide you through the legal process and secure the compensation necessary to help your family move forward.