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When someone you love dies from the negligence of another person, you suffer not only the loss of the person but also the need to seek justice on behalf of the deceased. You may be entitled to pursue a wrongful death claim against those responsible with the help of a qualified Orlando personal injury lawyer. A successful case can result in holding a wrongdoer accountable for their actions and providing compensation for having lost a family member.
Filing these claims is complicated and requires help from a skilled Orlando wrongful death lawyer. At DWK Law, we offer compassionate legal representation from experienced lawyers—call (407) 244-3000 to schedule an initial case evaluation and learn more today.
Right to file a wrongful death claim: The lawsuit is brought by the personal representative of the decedent’s estate, acting on behalf of the statutory survivors and the estate. The Wrongful Death Act allows the decedent’s estate to recover the estimated damages of items such as: Medical care and expenses before the decedent’s death, estimated income the decedent would have earned had they lived, inheritance the decedent’s beneficiaries would have received, value of the decedent’s home and childcare services, pain and suffering of the statutory survivors, loss of companionship for the survivors, loss of consortium of the spouse, loss of guidance, mentorship, and support for the children, and lost benefits, such as health insurance, retirement plans, pensions or savings. Spouses, children aged 25 and under and parents of the decedent can seek damages. Wrongful death claims compensate the eligible statutory survivors pursuant to Florida Statute 768.21. A survival action is meant to award the deceased for any pain and suffering they experienced prior to their death. Pursuant to Florida Statutes, “No cause of action dies with the person. All causes of action survive and may be commenced, prosecuted and defended in the name of the person prescribed by the law.” |
Right to file a survival action: Unlike a Wrongful Death claim, a survival action generally ensues when negligence leads to serious bodily injury, but later results in death. In Florida survival actions seek compensation for the expenses and losses that are caused by the accident or injury between the time of injury and the time of death. Florida law does not allow for recovery of damages for both wrongful death and a survival action, but you can pursue both simultaneously. Prior to trial or settlement, the personal representative with the assistance of counsel can elect which of the two remedies will be most advantageous. Damages can include medical expenses incurred before death, pain and suffering by the decedent prior to death, and lost wages from the time of injury to the time of death, lost earning capacity, if the decedent was required to take a lower paying job due to the injury. Unlike a Wrongful Death action, these damages are payable to the decedent’s estate, not specific family members or survivors. |
| Right to legal representation: Families and PRs can hire professional legal counsel to advise them of their options and perform various actions on their behalf to secure compensation. |
| Right to gather evidence of wrongful death: You and your wrongful death attorney can collect evidence demonstrating how the defendant’s actions led to your loved one’s death. You can use this evidence to negotiate insurance claims or out-of-court settlements with the defendant. |
A wrongful death lawsuit is brought when a person dies as the result of the negligence, breach of duty or recklessness of another party. Some examples where negligence results in a loved one’s loss include medical malpractice, car and truck accidents, slip and fall accidents, nursing home abuse and neglect, pedestrian accidents, and defective products
| According to Florida law, a wrongful death occurs when an individual’s death is caused by another’s “wrongful act, negligence, default, or breach of contract or warranty.” The actions may have been unintentional, or they may have intended to cause harm. A wrongful death can also result from someone’s failure to act to help someone in circumstances when a reasonable person would have helped. |
It’s important to understand that a wrongful death claim differs from a criminal case. If your loved one’s death resulted from a crime, such as assault, robbery, or murder, the state will prosecute the responsible party to determine their guilt. However, this process doesn’t compensate your family for your loss. A wrongful death claim is a civil lawsuit aimed at securing monetary damages to help cover the financial support the deceased would have provided.
“We highly recommend Mr. Tony Sos and the entire team to anyone who needs help with personal injury litigation. They were thorough, honest, and ethical in every step of the investigation and decisions resulting in winning our medical malpractice suit. He explained every step of the process, listened to our concerns and questions responding with complete explanations in terms we could understand. We thank Mr. Sos and his team for everything they accomplished and being patient with us during the process.”
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“The Attorney, Brian Wilson and his Paralegal, DeDe Odair worked with me extensively from day one through the completion of my case. They always responded ASAP to my endless emails, phone calls etc., always making me feel that they really cared and treated my case with respect. Their knowledge, patient, integrity and tenacity delivered an end result that was totally appreciated by me.”
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The team of attorneys at DWK Law is committed to helping those who are facing the most difficult times of their lives. We understand the grief, devastation, and confusion you feel as a survivor, coupled with the other emotions associated with a wrongful death. When you want to secure justice for your loved one, our Orlando personal injury lawyers stand ready to fight for your interests.
At DWK Law, we focus on preparing the most powerful case possible and achieving a satisfactory outcome based on the circumstances of your loved one’s death. Our investigative resources allow us to present compelling arguments before the court, establishing negligence and demonstrating your claim’s validity.
If you are asking, “Why choose us?” your answer could not be easier. We have over three decades’ worth of experience in managing various personal injury claims, drawing on our work in car accidents, premises liability, product liability, and other cases. Your DWK Law wrongful death attorney in Orlando has the skills, knowledge, and aptitude to forcefully negotiate what you deserve.
Damages are paid to a claimant in a successful civil case and include payment for expenses such as lost income and medical bills. Many more losses must be included for wrongful death claims, such as burial and funeral costs. Your damage demands will generally fall into two categories: economic and non-economic. Economic damages include anything that has a fixed price tag, and non-economic losses acknowledge the intangible ways the death has affected the survivors’ lives.
The Wrongful Death Act of Florida allows the decedent’s estate to recover the estimated damages of items such as:
The recent Florida Tort Reform Act has brought many changes to how lawsuits are handled in the courts, in addition to existing nuances regarding recovering lost potential income. While there is no limit on economic damage awards in any kind of personal injury or wrongful death claim, some caps are put in place when the case involves medical malpractice or a suit against a government entity. Your wrongful death lawyer in Orlando can handle all of these details so you and your family can focus on grieving.
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An experienced lawyer knows there may be more individuals who are potentially liable than the person who seems obviously at fault. For example, suppose your loved one dies after a head-on car accident. You may believe the person who hit them is responsible. However, if the other driver lost control of their car because an untrained mechanic failed to repair the braking system properly, the auto shop could be held accountable for a wrongful death. Each case is different and requires a thorough investigation to ensure all those legally responsible are held accountable for the wrongful death of a loved one.
To prevail in a wrongful death claim, you and your attorney must demonstrate the four elements of negligence:
To demonstrate these factors, your Orlando wrongful death attorney must present as much high-quality documentation as possible to persuade the jury with a preponderance of the evidence. This can come from police reports, photos and videos, witness statements, medical records, autopsy results, and expert testimony. Your lawyer will also offer detailed calculations of what your family has lost and will be denied in the future as a result of the death. These are known as damages.
When you have lost someone to the negligence or malice of another person, you must act quickly to speak with a professional legal advocate. Determining who is at fault and building a solid case against them can take many weeks or months, and the clock is ticking from the moment of your family member’s death. To avoid losing your opportunity to seek compensation through the Florida court system, contact DWK Law and speak with our wrongful death attorneys in Orlando.
We are committed to bringing your family peace of mind and a sense of closure after a senseless tragedy that deprives you of your loved one. Use our online form or call us at (407) 244-3000 to arrange a meeting today.
When your family is already dealing with a large share of expenses after a loved one’s death, you may question whether spending money on an attorney is the right move. Fortunately, DWK Law allows you to get the legal representation and guidance you need by working on a contingency fee basis.
A contingency fee structure means your Orlando wrongful death lawyer will take their fees as a percentage of your final settlement or jury award. This amount is part of the client agreement letter you will sign when you hire our firm, so there are no surprises. We update you as your case progresses, including recommendations for engaging professional collaborators and experts to testify.
While our team is dedicated to securing the maximum compensation for your specific case, there are risks in every situation. Contingency means you only pay us once and if we obtain a settlement for you. You only pay our fees if we win your case.
In most cases, the wrongful death settlement will be paid in a lump sum through a negotiated method between the plaintiff and defendant. When the settlement or jury award is substantial, the defendant may have agreed to a structured plan that provides regular payments over several years.
719 Vassar Street
Orlando, FL, 32804
Local: (407) 401-7899
Toll Free: (407) 244-3000
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When you have lost someone to the negligence or malice of another person, you must act quickly to speak with a professional legal advocate. Determining who is at fault and building a solid case against them can take many weeks or months, and the clock is ticking from the moment of your family member’s death. To avoid losing your opportunity to seek compensation through the Florida court system, contact DWK Law and speak with an Orlando wrongful death lawyer.
We are committed to bringing your family peace of mind and a sense of closure after a senseless tragedy that deprives you of your loved one. Use our online form or call us at (407) 244-3000 to arrange a meeting today.
Local: (407) 401-7899
Toll Free: 407-244-3000
