If you’ve lost someone in a tragic and avoidable accident, contact ourOrlando, FL wrongful death lawyeroffers without delay.The Law Offices of Needle & Ellenberg, P.A. have filed many wrongful death suits. Our attorneys are experienced with this type of claim, which can be very complex. It is important to act before the statute of limitations has expired for your claim. Wrongful death is a tragedy for everyone involved, and we can help you move on from the pain of a sudden and avoidable loss. While no amount of compensation can make up for the pain of a lost loved one, it can help family and friends grieve properly and bring a sense of closure to the bereaved.Table of Contents
Many people assume wrongful death cases are only associated with certain fields, and while they are more common in certain situations, the sad reality is that wrongful death can happen to anyone, anywhere. Wrongful death claims aren’t just confined to medical malpractice cases or fatal industrial accidents in dangerous work environments. While tragedy is sometimes unavoidable, fatal negligence is all around us.
Filing a Wrongful Death Claim in Florida
Understanding and knowing how wrongful death claims work is one step in the process—the remaining family will file for charges. Florida Statutes section 768.19 states that if it “is caused by the wrongful act, negligence, default, or breach of contract” then the estate of the deceased may bring a civil lawsuit to the Florida courts, seeking a legal remedy for the losses that the death caused to the estate.Florida requires a “personal representative” of the deceased person’s estate—this is usually someone named in the person’s will or estate plan; and if there is nobody named in a will or plan, the court will appoint a person. While this claim is filed by the personal representative, it is filed on behalf of every surviving family member of the decedent. The claim must list any surviving family member who will have an interest in the case.Family members that may recover losses in a Florida wrongful death case are:
Decedent’s spouse, children, parents
Any blood relative, or adoptive sibling that is dependent on the decedent for support, services or otherwise considered a dependent
Should a child be born to unmarried parents, the child may recover losses if their mother dies. However, their father is a different story; the child can only recover losses if their father legally recognized them as their child, otherwise the father is not obligated to support this child, even in death.Did you know that most states have laws regarding time limits on filing these kinds of lawsuits? This is a statute of limitations, and most states have a separate statute in place that focuses on wrongful death lawsuits.In Florida, you must file a wrongful death lawsuit within two years of the date the decedent died on, as written according to Florida Statutes section 95.11(4)(d). The deadline can be postponed for a few specific circumstances—and a lawyer who is experienced in wrongful deaths in Florida can help you determine whether those circumstances apply to your family’s case.Florida Statutes section 768.21 gives the states rules for damages that are to be awarded in wrongful death lawsuits. Damages that the family can receive compensation for in these sorts of cases are:
The value of support and services the deceased person had provided to the surviving family member
Loss of companionship, guidance, and protection provided by the deceased person
Mental and emotional pain and suffering due to the loss of a child, and
Medical or funeral expenses any surviving family member has paid for the deceased person.
The deceased person’s estate may also receive compensations and recover damages, such as lost wages, benefits, “lost prospective net accumulations”, medical, and funeral expenses that the estate paid out directly.Reaching out to an experienced wrongful death lawyer in Orlando can help ensure that your case is handled to the best of your knowledge and is handled correctly so there will be little delay in receiving your compensation.
Reasons for Wrongful Death Claims
Wrongful death claims aren’t confined to emergency rooms. Consider a fatal car accident, in which someone who was driving under the influence of drugs or alcohol crashed into another car and killed one (or more) of the occupants. Not only was the drunk driver breaking the law, but they’re now responsible for wrongful deaths, and as a result of their negligence, they can be held accountable for damages.Another cause for wrongful death claims? Plane and aviation accidents. When it comes to aviation, many safeguards are in place to ensure the health and safety of passengers, crews, and pilots. However, plane crashes still happen, and people still die. This can be attributed to many different factors, but it always boils down to sudden tragedy, wrongful death, and grieving family and friends. Wrongful death in the hospital is more common than any of us would like to think. Of course, medical malpractice can cause wrongful death, but in some extreme cases, it can cause multiple deaths. Birth injuries can range from mild to fatal, and some birth injuries can result in the loss of a mother, her child – or both. This should never happen, and with proper medical attention, it wouldn’t.
Compensation for Wrongful Death
From car accidents to plane crashes and fatal birth injuries, all of these tragedies could have been avoided. While no amount of money can ever bring back a loved one, it can help with the financial burden that comes with a sudden loss. Funeral expenses, estate distribution, taxes, and even debts that were accrued through medical care can all be covered with the right amount of compensation, and a wrongful death lawyer can help you get the money you deserve.In the event of a tragedy like the wrongful death of a loved one, you shouldn’t be slammed with expenses. A sudden loss that could have been avoided can leave you lost and unsure of what to do next. You might feel angry, betrayed, and a million other emotions – but you should never give up on justice.
Potential Wrongful Death Claim Damages
A wrongful death lawyer can review your case and offer an overview of what damages you may include in your claim. In many instances, the claim takes into account the losses of the surviving loved one related to the victim’s passing. Such losses may include any or all of the following:
The total earnings the deceased would have earned in their lifetime
The dollar value of the benefits (including health insurance) and work bonuses the deceased would have earned in their lifetime
The cost of the medical care (including medications, surgery, etc.) undertaken in the attempt to save the deceased’s life
The loss of the deceased’s contributions to the surviving family member’s life such as vehicle repairs, household duties, etc. as a dollar amount
Eligibility for Wrongful Death Claims
Not everyone can file a wrongful death claim. Your lawyer can review the circumstances of your case to better determine whether it has merit. A licensed attorney may help determine if you’re eligible based on your relationship to the deceased. The following relationships may allow for eligibility:
Spouse/Partner. If the deceased is survived by a spouse or a common-law spouse, then they may have the right to file a wrongful death suit. Florida doesn’t recognize common law marriages but it may recognize common law marriages previously established in other states in a wrongful death claim.
Children. If the deceased does not have a spouse, the children may have the right to file a wrongful death suit but must divide the award equally among themselves.
Parent. If the deceased does not have a surviving spouse or any children, the parent may file a wrongful death suit.
Estate. If the deceased left no surviving immediate family members, probate law dictates that the estate can file a wrongful death suit. The award may then be given to the person’s next of kin.
The Wrongful Death Claims Process
The first part of the process typically involves identifying (or designating) a representative for the victim’s estate, then identifying and listing the victim’s survivors (typically family members who were dependent on the victim).The representative next needs to establish or formally note the cause of death and who the at-fault party or parties may be. The representative then seeks a monetary settlement from those at fault. If no settlement is reached (as is typically the case), the personal representative can next pursue litigation.Once the lawsuit has been set in motion, attorneys for both sides go through the discovery process, which involves gathering evidence, official statements from witnesses or others involved, and anything else that may support their legal argument. As the case progresses, a trial date will eventually be set. Before that, however, the parties will meet to determine if they can settle. If they can, the case will usually end there. If they cannot, the case will proceed to trial.
Florida Laws Regarding Wrongful Death Claims
Our wrongful death lawyer fully understands the gravity that a wrongful death carries and that seeking justice in the aftermath can be a complex and trying journey. Understanding the specific laws governing wrongful death cases in Florida is crucial. Needle & Ellenberg, P.A., a trusted name in the legal field, is here to provide you with essential insights into these laws.
Florida Wrongful Death Statute
Florida Statute § 768.19 outlines the fundamental aspects of wrongful death claims in the state. According to this statute, a wrongful death occurs when the negligence, default, or wrongful act of one party leads to the death of another person. The law recognizes that surviving family members may experience profound emotional and financial losses, which can be addressed through legal action.
Eligibility For Filing A Wrongful Death Claim
To pursue a wrongful death claim in Orlando, certain criteria must be met. The law restricts the right to file a claim to specific parties, including the deceased’s spouse, children, parents, and, in some cases, dependent blood relatives. Our dedicated team can help you determine your eligibility and guide you through the legal process.
Statute Of Limitations
Florida law imposes a time limit, known as the statute of limitations, within which a wrongful death lawsuit must be filed. Typically, this period is two years from the date of the deceased person’s passing. Failing to file within this timeframe may result in the forfeiture of your right to seek compensation.
Types Of Damages
Florida law recognizes various types of damages that may be awarded in a wrongful death case. These include economic damages, such as medical expenses and lost income, as well as non-economic damages, which encompass pain and suffering, loss of companionship, and emotional distress. Our Orlando wrongful death lawyer will work diligently to ensure that all eligible damages are pursued on your behalf.
Proving Negligence
Establishing negligence is a critical element in a wrongful death claim. To succeed, you must demonstrate that the defendant owed a duty of care to the deceased, breached that duty, and that breach directly led to the fatal outcome. Proving negligence requires a thorough investigation and presentation of compelling evidence, which our experienced team is well-equipped to handle.
Survival Actions
In addition to wrongful death claims, Florida law allows for survival actions. These are brought on behalf of the deceased’s estate and address damages that the deceased person suffered before passing away, such as medical expenses and pain and suffering. Our team can guide you in pursuing both wrongful death and survival actions when applicable.
Orlando Wrongful Death Infographic
Orlando Wrongful Death Statistics
According to the National Center for Health Statistics, in the United States, there are an estimated 2.4 million wrongful death cases filed each year. This statistic shows the high number of wrongful death cases that occur each year. It is important to note that not all wrongful death cases are successful, but even if a case is not successful, it can still be an important way to hold those responsible for wrongful deaths accountable.
Orlando Wrongful Death FAQs
Any wrongful death is a tragedy. Knowing that your loved one died because someone was neglectful is completely outrageous, and the fact that the death was avoidable only makes things worse. While no amount of money will bring back a lost family member, getting financial compensation can help you gain an important sense of closure.
What Are the Most Common Causes of Wrongful Death?
Wrongful death can have many different causes, including car accidents, workplace accidents, defective products, slip and fall accidents, truck accidents, medical malpractice, and more.
Who Can File a Wrongful Death Lawsuit?
Surviving family members can bring a lawsuit against the negligent party responsible for the decedent’s death. In the state of Florida, the decedent’s spouse, the decedent’s children, and the decedent’s parents have a legal right to file a claim. After the initial beneficiaries have had the opportunity to file a claim, other relatives who relied on the deceased’s income may be able to file a claim.
What Happens if my Loved One was Partially at Fault for the Fatal Accident?
It is common for fault to be shared in personal injury and wrongful death cases (though usually not equally shared). Thankfully, victims and their families can still recover money. Florida recognizes a legal principle known as “comparative negligence.” This means that if both the defendant and the plaintiff are deemed liable for the accident, each side is assigned a percentage of responsibility.If the plaintiffs win their case or settle, the amount of money they can collect will be reduced by the percentage of fault assigned to the victim. Let’s say, for instance, that a family was seeking $100,000 in a wrongful death lawsuit. At trial, the jury determined that the victim was 15 percent at fault for the accident that led to his death. Because of this, the plaintiffs could recover $85,000, which is the full amount reduced by the 15 percent that was attributed to the victim.
Where Does the Money Come from in a Wrongful Death Lawsuit?
A wrongful death lawsuit is filed against the person or entity responsible for a person’s death. However, the negligent party’s insurance company that issued a liability policy to the defendant will generally be responsible for paying the settlement. For example, if your family member was killed in a car accident, the negligent driver’s auto insurance company would be responsible for paying the settlement.
What Types of Damages Are Available in a Wrongful Death Lawsuit?
If your loved one was killed because of someone’s carelessness, your family may be entitled to receive a wide range of damages. Your wrongful death lawyer may be able to help you obtain compensation for medical bills, funeral and burial expenses, emotional distress, loss of companionship, loss of the deceased’s expected income, and loss of consortium.
How Soon Does a Wrongful Death Lawsuit Have to Be Filed?
In the state of Florida, the statute of limitations to file a wrongful death lawsuit is two years. After that deadline has passed, you will no longer be eligible to receive compensation. That’s why it’s essential to speak to a wrongful death lawyer about your case as soon as possible.
Needle & Ellenberg, P.A., Orlando Wrongful Death Lawyer
618 E South St #500, Orlando, FL 32801
Contact Our Orlando Wrongful Death Lawyer Today
If you have lost a loved one due to the negligence of another party, contact The Law Offices of Needle & Ellenberg, P.A. today to find out how we can help. We can evaluate your situation and determine what the best legal options are. We can identify who the responsible parties are and what types of damages your family is entitled to.It is important to contact our firm as soon as possible, regardless of any criminal charges the at-fault party may be facing. Under the laws of Florida, there is a statute of limitations for how long survivors have to file a lawsuit. We can determine what that time frame is in your case. Call our wrongful death lawyer in Orlando today for a free consultation.
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“Most people think of attorneys and think awful!!! However, my experience with the firm of Needle & Ellenberg, PA could not be more contrary. I contacted Needle & Ellenberg, PA seeking legal advice and was met with an expeditious and very responsive staff as well as direct contact from Andrew Needle, Esq. Andre Needle, Esq. attentive, responsive and provided his professional advice, while keeping in mind what was best for for “MY” situation. I would highly recommend the firm, if what you’re seeking is integrity.”
Soila C
If you’ve lost someone in a tragic and avoidable accident, contact our Orlando, FL wrongful death lawyer offers without delay. The Law Offices of Needle & Ellenberg, P.A. have filed many wrongful death suits. Our attorneys are experienced with this type of claim, which can be very complex. It is important to act before the statute of limitations has expired for your claim.
Wrongful death is a tragedy for everyone involved, and we can help you move on from the pain of a sudden and avoidable loss. While no amount of compensation can make up for the pain of a lost loved one, it can help family and friends grieve properly and bring a sense of closure to the bereaved.
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