We Help Families Recover Damages After the Senseless Loss of a Loved One

Wrongful Death Claim Attorney

Wrongful Death Claims Lawyers in Orlando, FL

Losing a beloved family member is heartbreaking under any circumstances, but learning that your loved one’s death was caused by someone else’s intentional act or negligence can be even more traumatic and difficult to accept. If you and your family relied on this loved one’s income and support, you could find your grief compounded by serious financial concerns. One thing is certain: This isn’t what your loved one would have wanted.

As hard as it is to think about taking legal action, you may have the right to compensation for your losses. When someone is killed as a result of another person’s malicious actions, negligence, or breach of contract, Florida law allows their surviving family members to recover damages through a wrongful death lawsuit.

At Louis Berk Law, our skilled and compassionate wrongful death attorney has helped many families navigate the Sunshine State’s civil court system and obtain the compensation they need and deserve. We might be able to do the same for you. Here’s what you need to know about wrongful death cases in Florida.

What is Wrongful Death?

A wrongful death case occurs when a life ends before it is expected. The occurrence is not natural. In most cases, the death happens due to the fault or negligence of someone else. Wrongful death claims do not punish the responsible parties. The death claims offer the family of the dead person for their losses. A wrongful death claim must meet four conditions, which include,

  • The defendant is wholly or partially responsible for the death
  • The defendant is highly negligent in the victim’s death case
  • The death victim has a surviving family member
  • The death results in economic loss

In case the conditions are not met, a wrongful death lawsuit is not advisable. Connect with our wrongful death claim lawyers to see whether you can claim compensation.

Wrongful Death Attorney

Core Reasons for Wrongful Death

A variety of circumstances can lead to wrongful death cases, resulting in the death of a loved one. Our Florida Wrongful Death Attorneys at Louis Berk Law handle death claims that resulted from accidents such as:

  • Car Accident
  • Truck Accident
  • Slip and Fall Accident
  • Pedestrian Accident

Florida Wrongful Death Case Basics

Considering taking legal action against the person or company responsible for your loved one’s wrongful death? Find out if you have standing to file or benefit from this type of lawsuit and what you’ll have to prove in order to collect damages. Here are the basics:

  • Who can file a wrongful death claim. The law requires that this type of lawsuit be filed by the personal representative for the deceased person’s estate. This representative may be named in the decedent’s will; in the absence of these documents, a personal representative can be appointed by the court.
  • Who can benefit in a wrongful death case. Compensation recovered in a wrongful death case benefits the deceased person’s estate and surviving spouse, children, and parents, as well as any blood relative or adoptive sibling who relied on the decedent for support.
  • What you’ll have to prove to recover damages. You must show that the defendant owed your family member a duty of care and breached that duty, which directly caused your loved one’s wrongful death. You must also prove your financial losses.
  • How long you have to take legal action. Florida’s statute of limitations for wrongful death cases gives the personal representative just two years to file a lawsuit or risk having their claim dismissed.

Common Wrongful Death Cases

Wrongful deaths can arise from any number of negligent or malicious actions. At Louis Berk Law, we accept a wide range of wrongful death cases, including:

  • Car accidents
  • Truck crashes
  • Motorcycle wrecks
  • Pedestrian accidents
  • Medical malpractice
  • Dangerous or defective products
  • Dog bites or animal attacks
  • Assaults or accidents on unsafe property
Wrongful Death Lawyer

Common and Uncommon Reasons for Wrongful Death Cases

The CDC (The Centers for Disease Control and Prevention) has listed three reasons to be at the top – motor vehicle crashes, fall cases, and death by poison. Any car or truck accident has at least one party to blame. Most of the fall cases in the U.S. happen due to low lights and unsafe footing, which could have been prevented through proper maintenance. In the case of poisonous reactions, occurrences can be many. It can be food contamination, kid’s toys made of toxic substances, laborers exposed to hazardous substances, lead-based paints, and the list does not end here. Less common reasons include the use of firearms, negligence in dealing with prisoners, or drowning. Contact our wrongful death attorneys immediately if you have experienced anything similar.

What You Could Recover

A wrongful death may thrash the victim’s surviving family member toward an uncertain future. If the deceased person used to be the only earning member of the family, the emotional toll is not the only factor that hurt them. But, the death also leads to a financial crisis for the family. According to Florida Wrongful Death Law, the victim’s family is entitled to receive compensation for the loss that could be prevented.

Two primary areas of wrongful death case recovery include economic and non-economic damages. The monetary damages pay compensation to the families for financial losses, and non-economic damages include compensation for emotional distress and hassle.

Florida law allows for both the deceased person’s estate and surviving family members to recover damages in a wrongful death case. Eligible family members may be entitled to compensation for:

  • Medical or funeral expenses they’ve paid in relation to the victim’s death
  • Lost wages, benefits, and other earnings the victim would have contributed to the family
  • Mental and emotional pain and suffering (for the loss of a child)
  • Loss of companionship and protection (for the loss of a spouse)
  • Loss of education expenses and other support provided by the victim

The estate may also be able to recover damages for:

  • Lost wages, benefits, and other earnings (including those the victims could have been reasonably expected to earn during their lifetime)
  • Value of the earnings the estate could have reasonably accumulated if the victim had survived
  • Medical and funeral expenses paid by the estate

The recoveries may overlap depending on the situation and the relationship between the deceased person and the person making the claim. In minor wrongful death cases, the court takes into account how long it would have taken for the child to become an adult. For adults, the court takes into account the predicted lifespan of the dead and the surviving family members before reaching the final words. Factors like the deceased person’s income and investment help the court decide the potential future assets of the wrongful death victim.

In some cases, the law allows punitive actions to warn others from committing similar negligence in the future. The expert and experienced wrongful death attorneys help you understand which areas of recovery you are eligible for and calculate a fair amount of compensation for all your losses.

Claiming Compensation for Wrongful Death

In the course of securing compensation for the wrongful death claim of a loved one, you must prove that the death victim died due to another person or party’s fault. You need to conduct thorough research and extensive evidence. The party also has to prove that the amount of compensation requested is absolutely justified.

When one loses a loved one, the last factor that remains there to bug you is the economic burden. When you hire a Florida Wrongful Death Attorney, it not only increases your chance of winning the case but also reduces your stress and the complexities the lawsuit brings in.

Essential factors to keep in mind when you file a wrongful death claim for someone you love:

  • Only the family members who have directly suffered because of the wrongful death can file a wrongful death claim. The family members who are not directly linked with the deceased person’s life cannot have a claim.
  • You need to meet the deadlines when you decide to file a wrongful death claim. According to Florida Law, the death victim’s family must file the claim within 2 years.
  • When one loses a child in a wrongful death case, the Florida Law might not grant your claim unless the child is found to support the rest of the family.

How an Attorney Can Help

When anyone you love dies out of the other party’s negligence, it is upto you and your family to file a wrongful death claim.

Wrongful death cases are complex. You need an experienced Wrongful Death Attorney who knows the relevant laws inside and out and has a track record of success to prove their skill. A trusted attorney can help you:

  • Explore your legal rights and options
  • Investigate your loved one’s death
  • Gather and preserve important evidence
  • Handle communications between you and the defendant’s insurance company and defense attorneys
  • Negotiate and evaluate settlement agreements
  • Take your case to court, if necessary

Worried you can’t afford an attorney? At Louis Berk Law, we work on a contingency fee basis, which means there are no upfront fees, and if we don’t win your case, you don’t pay.

Discuss Your Wrongful Death Case With a Compassionate and Capable Orlando Attorney

The Florida Wrongful Death Attorneys at the Louis Berk Law firm maintain a professional yet warm relationship with the clients through tough times. We understand the emotional pain of the client that they feel after losing a close one, and we do our best to protect your rights. Contact Louis Berk Law today to schedule an appointment for a free initial consultation to discuss your case with a member of our legal team.