What Are Some Different Types Of Wrongful Death Claims In Orlando, Florida?
The wrongful death statute in Florida provides that a person can file a wrongful death lawsuit when the death of someone close to them is caused by negligence, a wrongful act, default, or breach of contract by another person. You must file a wrongful death case within 2 years according to the statute of limitations in Florida. Several types of damages can be requested based on the circumstances.
Some of different types of wrongful death claims include:
- If the parents of a minor child have died, the court may award damages to the guardian of the child for loss of care and future support.
- The surviving spouse of a deceased victim might claim damages for emotional suffering and lost companionship suffered due to the tragic incident.
- When a minor loses his only living parent, a guardian can claim damages for the loss of parental instruction and guidance.
- Funeral expenses might also be claimed in each of these circumstances.
Keep in mind that these cases are not always resolved in the simplest and most straightforward manner. Different sorts of claims for damages can be made, and the circumstances of each unique tragedy will be taken into account in any court decision awarding damages.
Thus, it may be in the best interest of a survivor or the guardian of a minor child to have an Orlando Wrongful death lawyer who can guide the surviving family members through the process and work as a strong advocate for compensation. A good legal team will ensure the presentation in court and request for damages rightfully reflects the emotional and financial trauma caused by the wrongful death. They will also help the personal representative of the estate safeguard the rights of the heirs.
How To File A Wrongful Death Lawsuit In Orlando
Filing a Wrongful Death Lawsuit in Orlando requires a step-by-step process that starts with hiring an Orlando Wrongful Death Attorney. Here are some steps to follow when seeking wrongful death damages:
- Contact an experienced lawyer for a free consultation and explain all the details about the incident.
- Your lawyers will start investigating your claim, which involves going over medical reports and autopsy records, talking to witnesses, and asking follow=up questions.
- Your lawyers will file the lawsuit and serve the defendant with a copy of the court petition stating your case. Your lawyers will handle all of the technical questions involved with preparing your lawsuit, like deciding where to file your lawsuit, and which theories of recovery to use.
- The next stage is discovery, where both sides can request information from the other to plan their arguments. The court intervenes if either side refuses to hand over information.
- The trial can be scheduled after discovery closes. The jury or judge makes a decision after hearing the arguments of both sides.
Because the statute of limitations in Florida is quite short, start the process of securing your claim by consulting an Orlando Injury Attorney today.
Statute of Limitation in Orlando, Florida
According to Orlando, Florida Statutes section 95.11(4) (d), a wrongful death lawsuit has to be filed within two years of the incident. In rare circumstances, the deadline can be postponed.
It is important to comprehend and follow the guidelines set by the statute of limitations, because otherwise, you will lose your rights to bring the wrongful death case to court. A legal professional with 35+ year experience can help to deal with wrongful death cases in Orlando.
Common Causes of Wrongful Death In Orlando
Some common causes of wrongful deaths in Orlando include medical malpractice, workplace accidents, vehicle accidents, and birth injuries. Use of defective or dangerous products, aviation accidents, boating accidents, construction site accidents, and working on dangerous premises can also cause wrongful deaths. Nursing home abuse or neglect can also be a reason for the wrongful death of an individual.
In cases of wrongful death, a car driver may be found responsible for a car accident. The manufacturer of a particular product may be liable for wrongful death if the use of that product was the reason for the death of the victim. In case of medical negligence, a doctor may be responsible for a wrongful death. Premises owners could be liable in case the person died due to the negligence of the owner.
When To Hire An Orlando Wrongful Death Attorney
Death is one of those topics few people want to discuss. Although it is the only surety in life, death is often a taboo subject. We understand that dealing with death is never easy. It is a time of grieving, a period of remembrance and nostalgia. It can be morose, painful, and depressing.
However, we also want you to honor the memory of your loved one. If you believe, for any reason, that a wrongful death has occurred, do not hesitate to contact Nationwide Disability Representatives (Berke Law Firm, P.A.) By hiring a Orlando Wrongful Death Attorney, we can help ease you through what would otherwise be a painful process.
- We take the lead and put together details, helping to establish that a given person, group, establishment, facility, organization, or other entity is responsible for the untimely death of your loved one. Your family member deserves a comprehensive approach.
- We strategically formulate an argument to strengthen your claim and delineate the details of the case.
- If you are a guardian of a surviving minor child, or the executor of an estate, we work with you to assist you in your duty to get any claim filed as soon as possible.
The law is complicated. Sometimes, wrongful death is caused by an automobile accident, or commercial vehicle event. Other times, it’s the result of medical malpractice, weapon mishaps, or a prescription-related fatality.
If someone you know has died as the result of wrongful death, or if you believe their death may have been due to the negligence, carelessness, or recklessness of another, contact our law firm immediately. Schedule a free consultation so that we can get your wrongful death claim filed on time.