What is Wrongful Death?

Families of victims who have died due to another party’s negligence may have the opportunity to seek legal action for damages that have been incurred as a result. A wrongful death action is a way for families to hold the responsible party accountable for their actions. Wrongful death cases can be a personal injury that results in a fatality. There are vast ways that such accidents can happen, for example:

  • Premises Liability
  • Truck Accidents
  • Motorcycle Accidents
  • Car Accidents
  • At Work Accidents
  • Product Liability
  • +More

While the thought of pursuing a wrongful death suit may be challenging to comprehend amidst the loss of a loved one, it can be a way of ensuring justice is served and exposing the responsible party for their actions. An Orlando, Florida wrongful death lawyer will ensure that the necessary elements are present for a successful outcome when seeking wrongful death damages. When the family of the victim meets with a lawyer for a consultation, they will look to identify the following: 

  • The presence of duty of care
  • There was a breach of the duty of care
  • Negligence resulted in the person’s death
  • Damages resulted from the accident

Once a lawyer has determined that legal action is possible, they will determine a value for the case based on the losses experienced by the victim and their family. This is an important part of the process because many people may not even be aware of the extent of the damages until after a professional has reviewed and identified the losses. 

Taking Action

It can be hard for grieving families to determine whether it’s appropriate to move forward when considering legal action. Much of the time, it’s recommended to pursue a claim with the insurance company to negotiate a fair settlement offer. However, it’s important to understand that it may be necessary to pursue a lawsuit when negotiations are fruitless. Typically the person who will take steps forward is the estate executor, which is a person who has been identified within the decedent’s will or by the probate court. This person will be responsible for acting on behalf of the estate and its beneficiaries. The chosen lawyer will then gather all details of the case and draft a demand letter for the insurance company. The demand letter will include evidence supporting the claim and request a settlement offer. Once the demand letter is submitted to the insurance company, they will assign an insurance adjuster to the case. Typically they will launch their investigation into what happened. At this point, the insurance company may either reject the claim or offer a settlement, at which point negotiations among parties typically begin. 

The Law Offices of Needle & Ellenberg, P.A. have represented families who have lost loved ones due to negligence. Gain the support necessary for enduring this process with our Orlando, FL, wrongful death lawyer