Losing a loved one is never easy. But when that loss occurs due to another person or entity's negligent or intentional actions, it can be especially devastating. Not only do you have to deal with the emotional pain of the loss, but you may also be facing financial challenges and other difficulties as a result of your loved one's passing.
At Osborne & Francis, we understand the overwhelming emotions and challenges that come with losing a loved one due to the negligence or wrongdoing of someone else. We are here to help you seek justice and hold those responsible accountable for their actions. As experienced Lakeland wrongful death lawyers, we have the knowledge, skills, and compassion to guide you through this terrible time and help you obtain the compensation you deserve.
Wrongful death occurs due to another entity or person's recklessness, intentional act, or negligence. In other words, a wrongful death occurs when a person dies due to someone else's wrongful conduct. This conduct can include medical malpractice, car accidents, workplace accidents, defective products, or intentional acts such as homicide.
Video Transcript
So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:
Number One: See a doctor immediately.
A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.
A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care.
Number Two: Write everything down.
Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain.
You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered.
Number Three: Do not speak to an insurance company until you've spoken to a lawyer.
Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them.
So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.
Types of Wrongful Death Cases We Handle
At Osborne & Francis, we handle a wide range of wrongful death cases, including:
To prove wrongful death, you must show that the other party was at fault for your loved one's death. This typically involves proving four elements:
Duty of care
The at-fault party had a duty to exercise reasonable care to avoid causing harm to others.
Breach of duty
The responsible party breached this duty by acting in a negligent, reckless, or intentional manner.
Causation
The at-fault party's breach of duty was the direct cause of your loved one's death.
Damages
You’ve incurred damages due to your loved one's death, such as medical expenses, funeral expenses, lost income, and pain and suffering.
Proving wrongful death can be complex. It’s essential to work with an experienced wrongful death lawyer who can gather the evidence needed to support your case.
Who Can File a Wrongful Death Case?
In Florida, only a representative of the estate of the deceased will be eligible to file a wrongful death claim. This representative could be someone the deceased selected and named in their estate plan or will. The court will appoint the representative if there is no will or estate.
It's important to note that any compensation from a wrongful death claim will be paid to the estate. The estate will then disburse the funds to the survivors. The following is a list of family members who will obtain compensation.
The spouse
The children, if there is no living spouse.
The parents of the deceased, if no spouse or children are living.
Other family members if the parents are deceased. These include blood relatives as well as adoptive siblings.
Types of Damages You Can Recover on Your Loved One’s Behalf
If your loved one's death was caused by another party's negligence or intentional actions, you may be entitled to compensation for your losses. Damages that may be available in a wrongful death case include:
Medical expenses the deceased incurred before passing away.
Funeral and burial expenses.
Lost income and benefits the deceased would have earned.
Loss of companionship, guidance, and emotional support.
Punitive damages in cases of intentional or grossly negligent conduct.
Calculating the appropriate value of damages in a wrongful death case can be complex. It will depend on various factors, including the deceased's age, earning potential, and the nature and severity of their injuries.
How to Choose the Best Wrongful Death Lawyer
If you are considering filing a wrongful death claim, it's crucial to choose a lawyer with experience and expertise in this area of law. Here are some factors to consider when choosing a wrongful death lawyer:
Experience
Look for a lawyer with a track record of success in wrongful death cases. Ask how many cases they have handled and what percentage of those cases resulted in a favorable outcome for the client.
Expertise
Choose a lawyer who specializes in wrongful death cases and has a deep understanding of the legal and procedural complexities involved.
Compassion
Losing a loved one is a traumatic experience, and you need a lawyer who understands the emotional toll that a wrongful death can take on a family. Look for a lawyer who demonstrates empathy, understanding, and sensitivity.
Communication
Choose a lawyer who communicates clearly and frequently and keeps you informed about the progress of your case.
Fees
Look for a lawyer who works on a contingency fee basis, meaning they only get paid if you win your case.
C. Smith
“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”
Erica F.
"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"
Alfred
Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.
T. Andrews
“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”
E. Holland
Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!
J. Davis
“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”
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Contact Osborne & Francis to Schedule a Free Case Evaluation ASAP After the Loss of Your Loved One
If you have lost a loved one due to the negligence or wrongdoing of another person or entity, it's vital to seek legal help as soon as possible. At Osborne & Francis, we offer free consultations to discuss your case and answer any questions you may have.
Our experienced Lakeland wrongful death lawyers will review the details of your case, explain your legal options, and help you determine the best course of action to pursue justice for your loved one.
We understand the emotional and financial challenges of a wrongful death case. Our attorneys are committed to helping our clients with compassion and care. Contact us online or call (561) 264-6238 to schedule your free case evaluation. Let us help you seek justice for the unjust loss you’ve been forced to endure.
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