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Pursuing a Wrongful Death Claim in Orlando: How an Orlando Wrongful Death Lawyer Can Guide You
Losing a loved one is always heartbreaking, but the pain is magnified when their death results from someone else’s negligence or wrongful actions. In Orlando, wrongful death claims offer families the opportunity to seek justice and financial compensation for the devastating loss of a loved one. While no legal action can truly make up for such a loss, it can provide the resources needed to ease the financial burden and hold those responsible accountable.
Navigating a wrongful death claim can be complex, especially while grieving. An Orlando wrongful death lawyer can guide you through the legal process, helping to ensure that your family’s rights are protected and that you receive the compensation you deserve.
What Is a Wrongful Death Claim?
A wrongful death claim arises when someone’s death is caused by the negligence, recklessness, or intentional actions of another party. Under Florida law, the personal representative of the deceased’s estate files the claim on behalf of surviving family members who have suffered financial and emotional losses due to the death.
Common Causes of Wrongful Death in Orlando
Wrongful death can occur in various situations, many of which involve negligence or reckless behavior. Common causes include:
- Car Accidents: Fatal crashes caused by speeding, distracted driving, drunk driving, or other negligent behaviors.
- Medical Malpractice: Errors by healthcare providers, such as misdiagnoses, surgical mistakes, or medication errors.
- Workplace Accidents: Fatal injuries caused by unsafe working conditions, inadequate training, or faulty equipment.
- Defective Products: Dangerous or malfunctioning products that cause fatal injuries, such as defective medical devices, vehicles, or household appliances.
- Premises Liability Accidents: Fatal incidents like slip and falls, drowning, or injuries on unsafe property.
If your loved one’s death resulted from any of these circumstances, you may be entitled to compensation through a wrongful death claim.
Who Can File a Wrongful Death Claim in Florida?
In Florida, the personal representative of the deceased’s estate is responsible for filing a wrongful death claim. This representative is often named in the deceased’s will or estate plan. If no representative is designated, the court will appoint one.
The claim is filed on behalf of eligible family members, which may include:
- Spouse: The deceased’s surviving spouse is often the primary beneficiary in a wrongful death claim.
- Children: Minor children can recover damages for lost parental companionship, guidance, and financial support. Adult children may also be eligible under certain circumstances.
- Parents: Parents may recover damages for the loss of a child, particularly if the child was a minor or if the parents were financially dependent on the deceased.
- Other Dependents: Family members who were financially dependent on the deceased may also be eligible for compensation.
An Orlando wrongful death lawyer can help identify the appropriate representative and ensure all eligible family members are included in the claim.
Damages Available in a Wrongful Death Claim
Compensation in a wrongful death claim is intended to provide financial relief and recognize the emotional impact of losing a loved one. Damages may include:
1. Economic Damages
- Medical Expenses: Costs of the deceased’s medical treatment prior to their death.
- Funeral and Burial Costs: Reasonable expenses for burial or cremation services.
- Loss of Financial Support: Compensation for the income and benefits the deceased would have provided to their family over their lifetime.
- Loss of Services: The value of household services the deceased would have performed, such as childcare or home maintenance.
2. Non-Economic Damages
- Pain and Suffering: Compensation for the emotional anguish and loss of companionship experienced by surviving family members.
- Loss of Parental Guidance: Damages awarded to children who have lost a parent’s support, love, and guidance.
- Loss of Consortium: Compensation for the loss of spousal companionship and affection.
3. Punitive Damages
In cases involving gross negligence or intentional misconduct, the court may award punitive damages to punish the at-fault party and deter similar behavior in the future.
How an Orlando Wrongful Death Lawyer Can Help
Filing a wrongful death claim involves many legal complexities, including gathering evidence, meeting filing deadlines, and negotiating with insurance companies. An experienced Orlando wrongful death lawyer can assist you by:
1. Investigating the Case
Your lawyer can conduct a thorough investigation to determine how the death occurred and identify all responsible parties. This may involve reviewing medical records, police reports, eyewitness statements, and other evidence.
2. Establishing Negligence
To succeed in a wrongful death claim, you must generally prove that the at-fault party’s negligence or wrongful actions caused your loved one’s death. Your lawyer can help build a compelling case to demonstrate liability.
3. Calculating Damages
Your lawyer can evaluate the full extent of your family’s losses, including financial support, emotional suffering, and future needs. This can help ensure that you seek appropriate compensation for all damages.
4. Handling Insurance Companies
Insurance companies often try to minimize payouts in wrongful death claims. Your lawyer can negotiate on your behalf to secure a fair settlement that meets your family’s needs.
5. Representing You in Court
If a settlement cannot be reached, your lawyer can file a lawsuit and represent you in court. Having an experienced advocate by your side increases your chances of success.
Why You Should Contact an Orlando Wrongful Death Lawyer
Losing a loved one is one of life’s most painful experiences, and pursuing a wrongful death claim can feel overwhelming during a time of grief. The Law Offices of Jason Turchin is here to help. Our experienced Orlando wrongful death lawyers understand the emotional and financial challenges families face after a loss, and we are committed to holding negligent parties accountable for their actions.
We can guide you through every step of the legal process, from investigating the cause of death to negotiating with insurance companies or litigating your case in court. Our team will work tirelessly to secure the compensation your family is entitled to.
Contact us today for a free consultation to discuss your case and learn how we can assist you in filing a wrongful death claim. For more information, visit our website at www.jasonturchin.com.