Who can bring a wrongful death lawsuit?

Motor vehicle accidents, motorcycle crashes and other traumatic incidents can result in horrific injuries and in certain cases even death. When a loved one has been killed by the negligence of another, you can potentially seek compensation for the tragedy and loss you and your family have suffered. In Florida all claims for Wrongful Death are controlled by the Florida Wrongful Death Statute. Florida Law requires that an estate be set up for the deceased person and a personal representative be named. The personal representative can then file the claim on behalf of the estate and any surviving family members who qualify under the Statute. Under Section 768.20 the following people can potentially qualify as surviving family members: the deceased person’s spouse; the deceased person’s children; a deceased person’s parents; any blood relatives partly or wholly dependent on the deceased person for support or services; any adoptive brothers and sisters partly or wholly dependent on the deceased person for support or services. It is important to contact an attorney to discuss the creation of the estate and to determine who would qualify under the statute for compensation.

What damages are awarded in a wrongful death lawsuit?

Under Florida Law the damages that can be awarded in a Wrongful Death lawsuit are divided between the estate and the surviving family members. The deceased person's estate may recover damages which include: lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived lost "prospective net accumulations" of the estate, or the value of earnings the estate could reasonably have been expected to collect if the deceased person had lived, and medical and funeral expenses that were paid by the estate directly. Damages that the surviving family members may recover include: the value of support and services the deceased person had provided to the surviving family member loss of companionship, guidance, and protection provided by the deceased person mental and emotional pain and suffering due to the loss of a child, and medical or funeral expenses any surviving family member has paid for the deceased person.

When do you have to bring a Wrongful Death Claim?

Florida Law requires that a claim for wrongful death be filed within two (2) years of the date of death. The deadline may be tolled or postponed, under only the most specific of circumstances. It is vitally important that you contact an attorney with experience in Wrongful Death claims to determine when the claim must be filed.

Wrongful Death Lawyer in Orlando | We Can Help Your Family

Since 1979, we have worked with surviving family members of accident victims. We understand that losing a family member in a fatal accident is devastating. The absence of your loved one can also cause financial strain for your family. We are dedicated to helping surviving family members secure the compensation they deserve.

Our Central Florida law firm can file claims on behalf of your relative’s estate and on behalf of the family. Your lawyer working with our Orlando firm can take on every aspect of your wrongful death case.

In a Wrongful Death matter, Our Attorneys Can Help You

You do not need to work with wrongful death attorneys when seeking damages. However, retaining one can be helpful after an accident. We can:

Assign a value for your losses
Hold the responsible party accountable
Negotiate with the liable party’s insurance company
Answer your questions
Protect your rights
Help you receive compensation for your losses
Navigate the estate/probate process

You should be healing with family and friends. A wrongful death case can be an involved and complicated process. Let our team handle the legal process for you so that your family can grieve in peace. While compensation will not bring back your loved one, it could help you cope with the unexpected financial strain brought on by their absence.

To consult with an experienced wrongful death lawyer serving Orlando, call 855-780-9986

Damages You Could Recover After Your Accident

Every case is different, and your potential settlement or court-awarded offer will depend on the specific losses your loved one’s passing brings about. You may be able to recover compensation for the following losses:

Your loved one’s medical costs, including surgery, treatment, an ambulance ride, hospital stay, physical therapy, prescriptions, etc.
Your loved one’s physical pain and suffering
Your mental anguish
Funeral and burial costs
Loss of consortium
Loss of your loved one’s income
Your lost wages if you had to take time off to care for your loved one
The income your loved one would have provided

Orlando Wrongful Death Lawyer Near Me 855-780-9986

What to Expect from Your Orlando Wrongful Death Case

Your lawyer will start by speaking with you to understand your situation. Then, they will lay out your options. This might include filing an insurance claim. To do so, we will investigate your loved one’s passing and how they were injured. Then, we could file a claim with the at-fault party’s insurance company.

We will negotiate for a fair settlement. If this does not produce an award, we can file a lawsuit against the at-fault party. Then, we would make your argument in court for a judgment.

We do not want you to pay for our services up front. Other firms might ask for a lump sum payment at the beginning or charge fees by the hour. We are not like that. Our team fights for you in part because we do not get paid until you do. Our attorney fees come out of a portion of your award.

Click to contact our Orlando Wrongful Death Lawyers today

How We Could Argue for Compensation

Your loved one could have suffered harm due to the following acts of negligence:

Failure to repair or remedy a hazard on the property
Negligent driving, such as by texting and driving
Failure to monitor or secure a dog
A defective or improperly repaired vehicle/vehicle part
Missing street sign or unrepaired traffic light

We could also make the case to the City of Orlando that the following intersections require attention, as they cause many fatal accidents every year:

I-4 and 408 Interchange
Central Florida Parkway and John Young Parkway
Aloma Avenue and Semoran Boulevard

If you have lost a loved one because of any of the following accidents (or as the result of any other negligence claim), Bogin, Munns & Munns can help:

Complete a Request a Consultation form now

Your Lawyer Can Establish Negligence

This action is the basis of most personal injury cases. Securing compensation for you will require showing that:

The other party had a duty of care to keep you safe.
The other party’s action or inaction violated the duty of care.
The other party’s violation caused the accident.
The accident caused you losses.

Your lawyer serving Orlando can explore all angles of your accident case. We want to secure justice for the wrongful death that occurred.

Our Firm Is Ready to Take Your Case on

Count on our team when grieving your loved one. We want to tackle the case for you and secure an award that brings justice to an unfair situation.

We have helped other injured parties and hurt families before. Here is what some of them have had to say:

“It is not often that you run into a complete stranger who is willing to help… honest, professional, and passionate attorney who is dedicated to helping you and understands your pain.” – Andrea P.
“… made me feel truly valued as a client… as the relationship by far exceeded my expectations. I highly recommend the Bogin, Munns & Munns Firm for any/all of your personal Injury legal matters. – Henry M.

Your lawyer will answer all your questions and stand by you throughout the case.

How Long do I Have to Take Action in My Case?

When filing an insurance claim, you have to keep to the deadline the company sets. If you decide to file a lawsuit, however, the story is different. You generally will have two years to file this kind of legal action in Florida. Florida Statutes § 95.11 states that families and personal representatives of deceased individuals can file these lawsuits.

If you fail to file the lawsuit in time, the court could throw out your case. You could lose your right to compensation.

Call Our Team to Get Started Today

If you do not know if you have a case or how much it may be worth, we can help. While you grieve in peace, we can handle your insurance claim or wrongful death lawsuit. Discover your legal options during a free, no-obligation consultation.

Call (407) 578-9696 to learn how an Orlando personal injury lawyer from Bogin, Munns & Munns can help you seek compensation.

Call or text 855-780-9986 or complete our Request a Consultation form

How Are Wrongful Death Settlements Paid Out?

Are Wrongful Death Settlements Taxable?

Who Gets the Money in a Wrongful Death Lawsuit?

LET US HELP WITH YOUR CASE

Request a Consultation