Are you unsure of how to find the best Orlando wrongful death lawyer? You’re not alone—this is a common concern given the large number of lawyers in Florida. But don’t worry, you’ve come to the right place. Today, we’ll guide you through how to find the best wrongful death lawyer in Orlando to handle your case.
What Makes a Wrongful Death Case Strong?
Wrongful death cases can be complex because they involve the tragic loss of life. To succeed, it must be proven that the death resulted from someone else’s wrongful actions. To understand what makes a wrongful death case strong, let’s first define what qualifies as a wrongful death.
A wrongful death is defined as a fatality caused by someone else’s negligence, recklessness, or intentional conduct. For instance, if a person is killed by a drunk driver speeding, this may be considered a wrongful death case.
Proving Negligence: Key Elements of a Wrongful Death Case
To build a successful wrongful death case, an Orlando wrongful death lawyer must first examine the circumstances that led to the victim’s death.
For example, if the death occurred in a car accident caused by a drunk driver speeding, the wrongful death attorney in Orlando FL can demonstrate that the driver was breaking the law. Specifically, they would be violating two sections of the Florida Statute:
Thus, the driver in this scenario would be acting negligently, and this could form the basis for a wrongful death claim.
Common Challenges in Orlando Wrongful Death Cases
Attorneys for wrongful death cases face several obstacles due to the complexities surrounding the decedent’s death. Here are some common challenges in wrongful death cases:
- Proving fault: While some cases are straightforward, others require significant evidence to establish that someone else is to blame.
- Determining the percentage of fault: In some cases, the victim may share some responsibility, which must be determined by the Orlando wrongful death lawyer under Florida Statute Section 768.81(2).
- Finding the legal representative: If no document specifies a legal representative for the decedent’s estate, the court may need to appoint one based on local laws.
Overcoming Legal Hurdles in a Wrongful Death Lawsuit
Throughout the case, wrongful death attorneys in Orlando Florida will face legal challenges that must be overcome. While not every case presents these obstacles, the three mentioned above are common hurdles.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, only certain individuals can file a wrongful death lawsuit. The personal representative of the decedent’s estate is the individual responsible for filing the suit. Let’s dive deeper into who can act as this representative.
Immediate Family Members Allowed by Law
Typically, the Orlando wrongful death lawyer will refer to legal documents that specify the representative of the estate. Florida Statute section 768.20 typically designates immediate family members as legal representatives, but this can vary depending on the case.
Role of the Personal Representative of the Decedent
In the absence of clear documentation, the probate court will appoint a personal representative of the decedent’s estate as outlined in Florida Statute section 768.20.
How Long Does It Take to Resolve a Wrongful Death Case?
An Orlando wrongful death lawyer will handle your case in the most efficient manner possible. However, the time it takes to resolve your case can vary based on several factors:
Factors that Influence Case Length
Several elements can impact how quickly or slowly a case proceeds, including:
- The age of the facts surrounding the death.
- The circumstances under which the incident occurred.
- The decedent’s health and age before death.
- Local laws governing wrongful death claims.
- Whether the case is resolved through settlement or trial.
A wrongful death attorney in Orlando fl knows that not all cases will be settled quickly, and if a settlement is not reached, the case may go to trial, which can delay the resolution.
Difference Between Settlement and Trial Resolution
At first, an Orlando wrongful death lawyer will try to resolve the case through settlement, as it’s typically faster. However, if an agreement cannot be reached, the case may escalate to a trial, which may result in a longer timeline for resolution.
How Our Experienced Attorneys Help You Build a Winning Case
Not sure where to find the best wrongful death lawyers? Look no further than Louis Berk Law—the best choice you can make. By hiring our services, here are the benefits you’ll enjoy:
What You Can Expect from Your Orlando Wrongful Death Lawyer
When you hire a lawyer for wrongful death from Louis Berk Law, you can expect the following:
- Personalized attention: We understand the unique circumstances of each case.
- High-quality legal defense: Our attorneys are experienced in handling complex wrongful death cases.
- Increased chances of compensation: We fight for the compensation you deserve.
If you’re seeking justice for a wrongful death, wrongful death attorneys in Orlando Florida at Louis Berk Law have the experience you need. Contact us for a free consultation and let us fight for your rights.