Wrongful Death Lawyer Orlando
If you have lost a loved one due to someone’s negligence, contact Needle & Ellenberg, P.A. to speak with a wrongful death lawyer Orlando, Fl offers. Our attorneys have more than 50 years of combined experience helping personal injury and wrongful death clients get justice.
Though a successful lawsuit cannot bring your loved one back, a wrongful death lawyer in Orlando, Fl may help you recover damages and send a message to those responsible for your loss. Don’t hesitate to contact our office to speak with a wrongful death lawyer from Needle & Ellenberg, P.A. who can review your case at no charge. The following overview may be of interest if you are considering filing a wrongful death suit.
Common Circumstances for Wrongful Deaths
Though a wrongful death can occur under almost any circumstance, some are more common than others. When choosing an Orlando wrongful death lawyer, look for one who has experience in trying cases similar to yours. Here are some of the most common:
- Motor vehicle accidents. This is also includes accidents caused by defective parts.
- Defective products.
- Construction accidents.
- Medical malpractice.
Wrongful Deaths from Motor Vehicle Accidents
Drivers are obligated to drive with a reasonable level of responsibility and caution. They are required to drive for the conditions, obey traffic laws, and avoid harming other drivers, passengers, and pedestrians. If your loved one was killed by a negligent driver, you may have grounds for a wrongful death suit. A wrongful death lawyer Orlando, Fl drivers turn to from Needle & Ellenberg, P.A. may meet with you to discuss your case. After discussing your legal options, you may make an informed decision about pursuing a wrongful death suit.
Wrongful Deaths from Defective Products
Product manufacturers, distributors, and retailers have a responsibility to make sure that their products are safe for consumers. When they fail to adequately test their products, problems can arise. Sometimes, the problems result in a death. If your family member was killed due to a defective product, one or more parties may be held responsible for their death. A wrongful death lawyer Orlando, Fl residents have turned to from Needle & Ellenberg, P.A. may determine if your case is eligible for a product liability lawsuit.
Wrongful Deaths from Medical Malpractice
When a medical practitioner fails to provide care that meets an acceptable standard for a given situation or procedure, they can be held liable if the patient dies as a result. The legal guidelines for pursuing a medical malpractice suit are complex. A wrongful death lawyer Orlando, Fl victims recommend to others in similar circumstances can review your case. At Needle & Ellenberg, P.A., our attorneys work with a number of medical experts who may provide testimony on behalf of our clients. If you lost a loved one due to medical malpractice, contact us immediately.
Wrongful Deaths from Workplace Accidents
Unfortunately, workplace accidents are not uncommon, and they sometimes result in death for the employee. Serious accidents can result from contact with explosives or from burns or falls. Employers have an obligation to provide a safe work environment. If your loved one died in a workplace accident, Needle & Ellenberg, P.A. may be able to help your family.
Eligibility for Bringing a Wrongful Death Suit
Though you needlessly lost a loved one due to someone else’s negligence or carelessness, you may not be eligible in the eyes of the law to sue the perpetrator for wrongful death. An Orlando wrongful death lawyer from Needle & Ellenberg, P.A. can carefully review your case and provide you with legal guidance after reviewing the specifics of your situation. However, Florida courts will typically only allow wrongful death suits to proceed if they are filed from people who were related or legally married to the deceased. As a general rule, those persons are limited to the following individuals:
- A husband or wife. A wrongful death lawyer in Orlando, Fl can clarify whether or not a common law marriage is recognized when it comes to wrongful death litigation and eligibility to file. If you were legally separated at the time of the deceased’s passing, this may also come into question in terms of whether or not you can file the suit. Consult a wrongful death lawyer Orlando, Fl community members choose for their experience in handling similar cases.
- Adult children of the deceased. If there is more than one child, or children from previous marriages, this can complicate eligibility for filing a suit. If a child was adopted by the deceased but not legally recognized as such, he or she may not be able to file the suit. A wrongful death lawyer Orlando, Fl offers can determine the legal options for all involved.
- Parent(s) of the deceased. In the absence of a legally recognized spouse or children, a judge may grant the parent or parents the right to file a wrongful death suit. This is more common when the victim was a minor child. However, talk to a wrongful death lawyer Orlando, Fl provides to find out more.
- Other relatives such as siblings, cousins, nephews, or nieces. If no other relatives qualify to file the lawsuit with the help of a wrongful death lawyer Orlando, Fl locals rely on, the court may recognize one of these individuals as the plaintiff. Most often, this is only the case if that distant relative can prove they were financially dependant on the deceased and will suffer financial hardship with their passing.
- Financial dependants. If the deceased did not have any legally recognized family members who can file the wrongful death suit, someone who was financially dependant on the deceased may be eligible. A wrongful death lawyer Orlando, Fl residents turn to for trusted legal guidance can determine if such an individual can make a strong case as a plaintiff against the accused. An example might be a physically or emotionally disabled individual who had lived with the deceased and was dependant on him or her for living expenses. If the disabled person was an adult, it is very likely that he or she was not legally or formally adopted by the deceased. In the absence of legally recognized family members, the financially dependant adult might be eligible to file the wrongful death suit.
Contact a Wrongful Death Lawyer
If you believe you may have a valid wrongful death claim, speak with a qualified attorney as soon as possible. One of our attorneys at Needle & Ellenberg, P.A. can review your case at no charge. Call us to speak with a wrongful death lawyer Orlando, Fl families trust to get them the justice they deserve.
How much is a wrongful death case worth?
When seeking guidance from our Orlando, Florida wrongful death lawyer at Needle & Ellenberg, P.A., a question that is often raised is, “How much can we sue the person who caused our loved one’s death?” In truth, the value of a wrongful death case rests on many variables. Before committing to pursuing a lawsuit against the at-fault party, it’s important to consider the pros and cons, including the costs associated with litigation. An experienced wrongful death lawyer from our firm can help you determine how much of a financial award you might win in a jury trial versus the risk of losing your case.
What are considered damages in a wrongful death lawsuit?
In legal parlance, “damages” are the costs associated with a victim’s losses. In the context of a wrongful death lawsuit, the decedent’s family member who pursues litigation against the at-fault party must detail the damages associated with the loss of their loved one. With the help of a skilled wrongful death lawyer in Orlando, those damages can be identified and a value assessed to each one. Those details, along with the total damages, are itemized in the lawsuit. If the case is won in court, the jury and/or the judge must determine whether or not a financial award should be given to the plaintiff (the victim’s family member) and if so, should it be less than, equal to, or greater than the total damages.
What are examples of damages in a wrongful death lawsuit?
If an Orlando wrongful death lawyer takes your case, a primary consideration will be the damages associated with your loss. This may take some time to identify and calculate. There are legal guidelines, laws, and precedents that must be followed. There are two types of damages that can be included in a wrongful death lawsuit. They are:
- Compensatory damages. These are the most common and include such things as:
- Funeral and burial expenses for the deceased.
- Medical costs from treatment of their fatal injury or injuries.
- The amount of income the deceased would have otherwise earned until their retirement. This may take into account likely bonuses, expected inflation, and other factors.
- The loss to the plaintiff of the deceased’s companionship. If the loss is so great that the plaintiff suffers from depression so severe that they are unable to work, the plaintiff’s loss of income might also be considered as damages.
- Services that the deceased provided to the plaintiff such as home repairs, child care, housekeeping, etc.
- Punitive damages. This type of damage is much less common. Punitive damages are only assessed if the defendant’s actions leading up to, and possibly during, the final act which caused the victim’s death were particularly egregious. Punitive damages are intended to serve as a punishment of the at-fault party. After reviewing your case, it will be clear to your wrongful death lawyer if punitive damages should be included in the lawsuit.
Contact Our Orlando Wrongful Death Lawyer for a Free Consultation
If you lost your loved one due to the actions of another person or a company, contact Needle & Ellenberg, P.A. and request a free consultation. Our wrongful death lawyer Orlando clients recommend will review your case at no charge.