Orlando Wrongful Death Lawyers

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 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.

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.

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.

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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. 

T. Andrews

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“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.”

J. Davis

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“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.”

E. Holland

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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!

Alfred

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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.

Erica F.

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"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!"

C. Smith

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“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!”

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Osborne & Francis Can Help You Cope with the Loss of Your Loved One

It is impossible to fill the void created in one’s life when an unexpected loss occurs. Feelings of being overwhelmed and uncertain are part of the territory. But you don’t have to handle this on your own. Many families that have lost loved ones due to incidents of wrongful death have found the legal process an essential part of their healing journeys. There is no way to replace a missing family member, but getting closure is an important step nevertheless.

Osborne & Francis want to help you through this difficult time. We pride ourselves on being able to help ease some of the weight of loss, and our experienced team can ensure you have the resources you deserve to grieve on your own terms. If you’ve lost someone and suspect it to be a case of wrongful death, don’t wait. Contact us online at our Orlando office or call us at 561-293-2600 today. We want you to get the peace of mind you deserve.

Frequently Asked Questions