Wrongful Death Lawyer

Many deaths are preventable and could have been avoided if safety rules had been followed and a reasonable degree of care had been exercised. In these tragic cases when negligence or wrongdoing takes a life, the surviving family members of the person who was killed could be entitled to take legal action to obtain compensation. These types of cases are called wrongful death claims, and an Orlando Personal injury lawyer can help.

About Wrongful Death Claims

wrongful death claim is a civil lawsuit that is brought by the close relatives of someone who was killed as a result of negligence or wrongdoing. When a victim suffers non-fatal injuries, he or she is normally able to bring a personal injury claim to recover compensation. When the victim is killed, however, the person who caused the death should not be able to escape legal responsibility just because the victim is no longer alive to take action.

Wrongful death claims ensure that the person or entity that caused the death pays for what occurred and that the surviving family members are not left to bear the financial burden of the death.

Surviving family members who could be eligible to bring claims include:

  • Spouses and, in some cases, putative spouses and life partners
  • Children, including adopted children or other minor children dependent upon the deceased for support
  • Parents of unmarried children
  • Brothers, sisters and grandparents under certain circumstances
  • Other family members or individuals who suffer financial loss as a direct result of the death.

Proving A Wrongful Death Claim

The family member has the burden of proving his or her eligibility to bring a claim, as well as proving the required elements of the case.

For example, to win a claim, the family members will need to prove:

  • That the defendant breached an obligation or duty to the victim
  • That this breach was a direct cause of the death
  • That loss was suffered as a result of the death.

A wrongful death lawyer can assist you in gathering the evidence you need to build your case. This may include police records, medical records and expert testimony.

Who Can Be Sued

Wrongful death claims can be brought against any person or entity that did something wrong that led to the death.

For example, a family member could sue:

  • A doctor who committed medical malpractice.
  • The driver of a car was responsible for causing a fatal crash.
  • The manufacturer, distributor or seller of a defective product or drug.
  • The employer of someone whose negligence led to the death. For example, the employer of a truck driver who caused an accident is responsible for the driver’s actions on the job and could be sued
  • A property owner who failed to maintain a property, resulting in injuries that led to death. The owner of a dog that viciously attacked and killed someone.A third party responsible for causing a workplace accident. Employers generally cannot be sued for wrongful death because surviving family members are required to obtain death benefits through workers’ compensation.
  • A wrongful death claim could also be made against someone who intentionally caused a death. For example, a murderer could be sued by the family members of the victim.

Types Of Compensation Available

If a close relative has been killed as a result of another person’s wrongdoing, you could obtain monetary compensation through negotiating an out-of-court settlement or through a wrongful death case that goes to court and is decided by a judge or jury. A wrongful death lawyer can negotiate the settlement on your behalf or help you prove your case in court in order to maximize damages.

The compensation you receive could cover many different types of losses, such as:

  • Medical costs incurred by the victim before he or she died.
  • Funeral and burial expenses.
  • Loss of the earnings that the deceased would have provided. The victim’s earning potential and remaining work years are factors in determining an appropriate amount of compensation for lost earnings.
  • Loss of benefits that the deceased would have provided to the surviving family members, such as medical coverage or pension plans.
  • Loss of inheritance that the deceased will no longer receive as a result of the untimely death.
  • Loss of companionship, love and society.

Damages That Can Be Recovered In A Claim

If you have recently lost a close family member, you are probably going through a period of extreme grief. If the death was the result of a sudden accident, the death may be even harder to accept.

Although we frequently refer to a cause of death as “accidental,” the reality is that many “accidents” are actually the result of negligence on the part of an individual, company or government agency. If your family member’s death was caused by someone else’s negligence, carelessness or recklessness, you may be entitled to bring a lawsuit to recover compensation.

  • Can I File A Wrongful Death Lawsuit?
    Although a wrongful death claim is similar to a personal injury lawsuit, there is one significant difference – the victim is no longer alive to bring the case personally. The law, however, allows certain close family members to recover monetary compensation in a wrongful death lawsuit. The lawsuit must be brought by the personal representative of the decedent’s estate. The personal representative sues on behalf of the decedent’s estate and on behalf of the heirs of the estate. The surrogate court handling the case must appoint a personal representative. If the decedent executed a last will and testament prior to death, the person named as the executor of the will is usually appointed as the personal representative in a lawsuit. If the executor cannot serve, or if no will was left, then the court will appoint a personal representative.
  • The law also determines how an award will be split among claimants when more than one survivor qualifies for compensation. The law requires an award to be divided as follows: A spouse and no children — the whole to the spouse.
    A spouse and children — $50,000 and half of the balance of the estate to the spouse, with the remainder, divided equally among the children as long as they are in the same generation.
    Children and no spouse — the whole to the children, divided equally as long as they are in the same generation.
    One or both parents and no spouse and no children — the whole to the surviving parent or parents.
    Parent’s children (brothers, sisters or their children) and no spouse, children or parent — the whole to the parent’s children, divided equally as long as they are in the same generation.