Lakeland Wrongful Death Lawyers

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 & Pettis, 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.

Contact us online or call (561) 264-6238 to schedule a free case review.

What is Wrongful Death?

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.

Types of Wrongful Death Cases We Handle

At Osborne, Francis & Pettis, we handle a wide range of wrongful death cases, including:

• Medical malpractice: When a healthcare provider fails to provide the standard of care expected, this can result in a patient's death.

• Motor vehicle accidents: A driver's negligent or reckless actions can cause a fatal accident.

• Workplace accidents: Workers sometimes tragically die due to unsafe working conditions or employer negligence.

• Defective products: When a product is designed, manufactured, or marketed in a way that makes it dangerous, that can lead to a person's death.

Causes of Wrongful Death

There are many reasons why a wrongful death can occur. These are a few of the most common ones.

• Negligence
• Recklessness
• Intentional acts
• Car accidents
• Medical malpractice
• Workplace accidents
• Defective products
• And many others

How to Prove Wrongful Death

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.
• Pain and suffering experienced by the deceased before their death.
• 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.