Orlando Wrongful Death Lawyers

The aftermath of a loved one’s passing is often devastating. The process of grief is one that can last for months or even years, but everyone deserves the chance to grieve their lost loved ones in peace. Grieving can be even harder when issues of wrongful death come to bear. In instances where others are responsible for one’s loss due to negligence, it can be exhausting to try and grieve an unexpected loss on one’s own terms. 

If you’ve lost a loved one due to negligence on the part of another, Osborne, Francis & Pettis want to help. The anguish and instability that can come from loss are burdensome enough; we have years of experience settling wrongful death cases so that families can grieve and heal in their own time and with their own means. Our case consultations are always free of charge, and all information disclosed is fully confidential. 

If you need to schedule a consultation, you can reach out to us online at our Orlando office or by calling us at 561-293-2600. Contact us today so that we can lend your grief the dignity and justice it deserves.

Personal Injury Accidents That can Result in Wrongful Death

Injuries that result in death are always unexpected. The abruptness of these incidents can often leave those who have lost loved ones feeling adrift and overwhelmed. This is part of the reason that seeking legal assistance right away is so important; a capable attorney can help ease some of the burdens of dealing with sudden loss. 

Wrongful death cases occur when someone is killed due to an injury sustained as the result of someone else’s negligence or legal violations. The claimant (usually a victim's family member, but not always) essentially asks the court to recover monetary damages due to their loss. Wrongful death lawsuits are, in short, a step beyond a normal personal injury case. 

Claimants can file wrongful death claims in nearly any situation that would normally be tried as a personal injury case but results in death. Accidents of all kinds, medical malpractice, faulty or dangerous products that injure their users, and many more situations can all fall under the realm of wrongful death. 

Damages in a Wrongful Death Case

The damages awarded in wrongful death cases are the same as those typically awarded in most personal injury cases. They break down into three main categories: economic damages, non-economic damages, and punitive damages. 

Economic Damages

Economic damages in the case of wrongful death usually refer to the loss of income a family might experience due to the sudden absence of their lost loved one. There is no cap on this amount in the state of Florida. Courts often consider the lifetime income of the victim until the time they would have retired, based on their lifestyle, health, and other unique factors.

This category also covers medical expenses incurred in the deceased’s treatment leading up to their death. Funeral costs are also covered here; in short, economic damages focus purely on the material costs of dealing with the loss of a loved one. 

Non-Economic Damages

Non-economic damages cover other things harder to translate into fixed dollar amounts. In Florida, this covers pain and suffering due to grief for family members or damages to protection and companionship. In short, these damages are awarded based on the difficulty of a loss for claimants.

Punitive Damages

Punitive damages are awarded when the intent is to financially punish a negligent party for failing to uphold responsibilities under the law. The amounts granted for punitive damages can be very high, but they aren’t awarded often. In cases where punitive damages are deemed appropriate, it has to be proven that gross negligence or willful lawbreaking occurred.

Who Can File a Wrongful Death Lawsuit?

In the state of Florida, only one person can file a wrongful death lawsuit. Claims have to be filed by the personal representative of the deceased person’s estate. The deceased can name this person in their lifetime in a will or other legal documentation. In a situation where no such documentation exists, the court can appoint a personal representative after the victim’s death. 

If a personal representative files a wrongful death case, they do so on behalf of the deceased’s loved ones and dependents. Any compensation for damages awarded becomes part of the deceased’s estate and is distributed according to Florida inheritance law. This distribution primarily focuses on those closest to the victim and extends outward. When filing a wrongful death claim, personal representatives are expected to include all affected by the loss. 

What’s the Statute of Limitations for Filing a Wrongful Death Lawsuit? 

Florida’s statute of limitations states that wrongful death cases must be filed within two years from the date of the loss. However, as time passes, it can be harder to advocate for instances of wrongful death. The best course of action is to consult an attorney right away so that the evidence of the claim is still easily obtainable.