Why Finding the Right Wrongful Death Lawyer Orlando Matters for Your Family
Losing a loved one due to another’s negligence is a devastating experience. A wrongful death lawyer orlando can help your family seek justice and financial compensation for preventable tragedies like car accidents, medical malpractice, or workplace incidents. Beyond the emotional pain, families in Orlando and South Florida often face mounting bills and lost income, making legal support essential.
If you’re considering a wrongful death claim in Orlando, here’s what you need to know:
- You have two years from the date of death to file a lawsuit under Florida law.
- Only the estate’s personal representative can file on behalf of survivors (spouse, children, parents, or dependents).
- Compensation may include medical bills, funeral costs, lost income, and loss of companionship.
- Most attorneys work on contingency, meaning you pay nothing unless they win your case.
- Florida’s Wrongful Death Act governs who can recover damages and what types are available.
A wrongful death claim serves two critical functions: it holds the negligent party accountable and provides financial resources to help your family move forward. The legal process involves proving that the defendant’s breach of a duty of care caused the death and resulted in measurable losses for your family. An attorney manages the investigation, evidence, and negotiations, allowing you to focus on healing.
Tip 1: Verify Their Focus and Track Record in Florida Wrongful Death Cases
Choosing the right wrongful death lawyer Orlando families can trust is a critical decision during a difficult time. You need an advocate who understands your family’s pain and will fight for the justice your loved one deserves. Look beyond a law degree and focus on specific experience.
First, verify an attorney’s track record in wrongful death cases. Review their case results to see if they have successfully handled similar claims. While past results don’t guarantee future outcomes, they indicate experience. Client testimonials offer personal accounts of a firm’s communication style and support. Did other families feel heard and kept informed?
Trial experience is also important. As one family observed, “A lawyer with a record of only settling cases may not be the right one to litigate in court.” Insurance companies know which lawyers are prepared to go to trial, and that readiness influences settlement negotiations. You want a firm that won’t back down.
The attorney-client relationship is built on trust and clear communication. You need someone who provides personalized attention, returns your calls, and explains complex legal matters simply. Most wrongful death attorneys, including us, offer a free consultation and work on a contingency fee basis. This means you pay no upfront fees, and we only get paid if we recover compensation for you, removing financial barriers to seeking justice.
An attorney’s focus and local knowledge provide a significant advantage. A lawyer whose practice is dedicated to personal injury and wrongful death law will be current on legal developments and insurance company tactics. Familiarity with Orlando’s court systems, judges, and community resources can also streamline your case. Before hiring, take a moment to check their standing with The Florida Bar to verify their credentials and professional history.
Tip 2: Understand the Legal Framework of a Claim
While you don’t need to be a legal scholar, understanding the basics of Florida’s wrongful death law can help you feel more grounded. These claims are governed by the Florida Wrongful Death Act (Florida Statutes § 768.16–768.26), and the foundation of every case is proving negligence.
Proving negligence is the core of a case and requires establishing four elements:
- Duty of Care: The responsible party had a legal duty to act with reasonable care toward your loved one (e.g., a driver’s duty to drive safely).
- Breach of Duty: They failed to meet that standard of care (e.g., texting while driving).
- Causation: This breach directly caused or contributed to the death.
- Damages: The death resulted in measurable losses for your family, such as medical bills, lost income, and emotional suffering.
Wrongful deaths in Orlando and South Florida stem from many causes, including car, truck, and motorcycle accidents, which remain a leading cause of preventable loss. Other common causes are medical malpractice, premises liability (like slip and fall accidents or inadequate security), defective products, workplace accidents, and boat accidents. Our role is to investigate the details, gather evidence, and build a case that proves all four elements of negligence.
Wrongful Death Claim vs. Survival Action
Florida law allows for two distinct legal actions after a death, each addressing different losses. A wrongful death claim is brought on behalf of the survivors to compensate for your losses, such as lost financial support and companionship. A survival action is filed by the estate to recover damages the loved one personally experienced before death, like their pain and suffering and medical bills.
Here’s a simple way to remember the distinction:
| Feature | Wrongful Death Claim | Survival Action |
|---|---|---|
| Purpose | Compensates survivors for their losses due to the death. | Compensates the estate for losses the decedent incurred before death. |
| Who Benefits | The deceased’s eligible survivors (spouse, children, parents, dependents). | The deceased’s estate, with funds distributed according to the will or intestacy laws. |
| Types of Damages | Lost support and services, loss of companionship, mental pain and suffering of survivors, funeral expenses paid by survivors. | Pre-death pain and suffering of the deceased, medical expenses incurred before death, lost wages from injury to death. |
| Legal Basis | Florida Wrongful Death Act (Florida Statutes § 768.16–768.26). | General personal injury law, brought by the estate. |
In many cases, both actions can be filed to ensure your family recovers all available compensation. We can review your circumstances in Orlando, Hollywood, or Miami to determine the right legal path for your family.
Tip 3: Clarify Who Can File and What Damages Can Be Recovered
Two of the most common questions we hear are, “Can I file a claim?” and “What compensation can my family receive?” Florida law has specific answers.
In Florida, a wrongful death claim must be filed by a personal representative of the deceased’s estate. This person acts on behalf of all eligible survivors. If an estate has not been opened, we can guide you through that process. Who qualifies as a survivor is defined by the Florida Wrongful Death Act and generally includes the spouse, children (minor and adult), parents, and any blood relatives or adoptive siblings who were financially dependent on the deceased.
Adult children have rights in a wrongful death claim and may be eligible for damages, though some limits apply if a surviving spouse also exists. We will identify all qualifying survivors to ensure their rights are protected.
Understanding the Types of Damages in an Orlando Wrongful Death Case
“Damages” refer to the compensation your family can receive for your losses. While no amount of money can replace your loved one, damages provide financial stability. Per Florida Statutes § 768.21, your family may recover several types of damages.
Economic damages are calculable financial losses. This includes:
- Medical expenses from the final injury or illness.
- Funeral and burial costs.
- Lost income and future support, representing the earnings your loved one would have provided.
- Lost services, which is the monetary value of tasks your loved one performed (e.g., childcare, home maintenance).
- Loss of prospective net accumulations for the estate, meaning the savings they would have built.
Non-economic damages compensate for intangible losses, such as:
- Pain and suffering of the survivors, including mental anguish and grief.
- Loss of companionship, instruction, and guidance, which is the loss of the relationship itself.
In cases of extreme recklessness, punitive damages may be awarded to punish the wrongdoer. These are capped by Florida law and are not available in every case. Calculating the full value of a claim is complex, often requiring financial professionals to ensure your family receives fair compensation for every loss.
Tip 4: Inquire About the Process with a Wrongful Death Lawyer Orlando
Understanding the legal process can provide peace of mind. Ask your wrongful death lawyer Orlando about the timeline and steps involved in your claim.
The most critical deadline is Florida’s statute of limitations, which is generally two years from the date of death to file a lawsuit, as noted in Florida Statutes § 95.11. This deadline is strict, and missing it can permanently bar your claim. Exceptions exist for situations like medical malpractice or claims against government entities, which may have different timeframes. Starting early is crucial to preserve evidence and build a strong case.
Once you retain a lawyer, the process typically begins with a thorough investigation. Your legal team will gather accident reports, medical records, and witness statements, sometimes hiring professionals like accident reconstructionists. They will then handle all communication with insurance companies, protecting you from adjusters trained to minimize payouts. Never speak to an insurer without consulting your attorney first.
Most cases are resolved through settlement negotiations. Your lawyer will present a demand to the insurer and negotiate for a fair settlement that covers all your family’s losses. If negotiations stall, the next step may be filing a lawsuit. Should the case proceed to trial, your attorney will represent you in court, presenting evidence to a judge or jury. The entire process can take several months to a few years, depending on the case’s complexity.
How a Wrongful Death Settlement Works in Florida
A settlement avoids the stress of a trial. The process generally involves these steps:
- Negotiation: After we submit a demand, the insurer will make an initial offer, which is typically low. We then enter a back-and-forth negotiation, presenting evidence to justify a higher amount.
- Mediation: If direct negotiations fail, a neutral third-party mediator may be used to help both sides find common ground and reach an agreement.
- Litigation: If a fair settlement cannot be reached, we proceed to trial, where a judge or jury will determine the outcome.
- Approval and Distribution: Once a settlement is reached or a verdict is won, it may require court approval, especially if minor children are beneficiaries. After fees and expenses, the remaining funds are distributed to the eligible survivors according to Florida law.
Frequently Asked Questions about Orlando Wrongful Death Claims
Families often have urgent questions after a loss. Here are answers to some of the most common concerns we hear from those considering a wrongful death claim in Orlando.
What are the most common causes of wrongful death in Orlando?
Many deaths in South Florida are preventable. The most common causes we see stem from negligence in:
- Car, truck, and motorcycle accidents: Distracted, impaired, or reckless driving is a leading factor.
- Medical malpractice: This includes fatal errors in diagnosis, surgery, or treatment by healthcare providers.
- Premises liability: Property owners can be held liable for deaths caused by unsafe conditions, such as slip and falls, drownings, or inadequate security.
- Defective products: Manufacturers may be responsible for fatal injuries caused by unsafe products.
- Workplace and boat accidents: Employer negligence or the careless operation of watercraft can also lead to tragic, fatal incidents.
What is the difference between a wrongful death claim and a survival action?
These are two separate legal actions that can often be filed together:
- A wrongful death claim compensates the surviving family members for their own losses, such as the loss of financial support, companionship, and their mental pain and suffering.
- A survival action is filed by the estate to recover damages the deceased person could have claimed had they lived. This includes their pre-death pain and suffering and medical expenses incurred between the injury and death.
How long do I have to file a wrongful death lawsuit in Florida?
Time is critical. In most cases, Florida’s statute of limitations gives you two years from the date of your loved one’s death to file a lawsuit. This deadline is found in Florida Statutes § 95.11 and is strictly enforced. If you miss this window, you will likely lose your right to seek compensation forever. Some exceptions exist, but they are rare. It is essential to contact a wrongful death lawyer Orlando as soon as possible to protect your family’s rights and ensure all deadlines are met.
Conclusion
No legal victory can replace a loved one, but seeking justice can provide accountability and financial security for your family’s future. The tips we’ve shared are meant to empower you with knowledge during an overwhelming time.
Time is critical in wrongful death cases. Florida’s two-year statute of limitations is strict, and evidence can be lost with time. We encourage you to reach out for a free, no-obligation consultation to understand your options.
Finding the right wrongful death lawyer Orlando means choosing a firm that combines compassionate support with determined advocacy. At The Barzakay Law Firm, we serve families across Orlando and South Florida, including Hollywood, Miami, Boca Raton, Sunrise, and Fort Lauderdale. We are committed to our communities and stand beside our neighbors in their time of need.
While you focus on healing, we will handle the legal complexities and fight for the compensation your family deserves. We work on a contingency fee basis, so you pay nothing unless we win your case. If you’d like to learn more, we invite you to visit our dedicated page: Learn more about how we handle wrongful death cases. Let us help you protect your family’s future.