Orlando Wrongful Death Lawyer
Florida has specific rules distinguishing differences in the way wrongful death cases are handled in Orlando as opposed to other jurisdictions. Wrongful death is defined as any death resulting from a wrongful act, negligence, or breach of duty. Someone can be responsible or liable for the death of another when they do something that was intentional or negligent and caused somebody to lose their life.
If you are interested in filing a claim for the recent wrongful death of a loved one, an experienced personal injury lawyer can review your case. An Orlando wrongful death lawyer can help you pursue the damages you may be entitled to.
Wrongful Death vs. Personal Injury
A wrongful death can be often more severe than other personal injury cases. The effect of the loss of a loved one on a family can be catastrophic, especially if that person is the wage earner in the family or is responsible for the care of small children. The effects can be far more serious than other injuries.
There is a specific procedure for a wrongful death claim. The time for bringing a claim for wrongful death is much shorter. It is only two years in Florida as opposed to four years for other claims. A wrongful death claim must be brought by a personal representative which is someone appointed by the court to take care of matters of an estate such as a legal estate. That includes matters of bringing any claims the estate may have against the person or company that caused the death.
Defining Wrongful Death
The leading causes of wrongful death in Orlando are auto injuries, auto collisions, and swimming pools for children under the age of five. Swimming pools have very high rates as a cause of death. Gun violence is also a significant cause of death. Medical malpractice can be also a high rate cause of death including medical malpractice, medical negligence, and medical errors.
Wrongful death claims are civil actions that are filed in a court by the survivors of the decedent including a spouse, brother, sister, child, or parent to bring a claim against the person or the company believed to be responsible for the death.
The statute of limitations in a wrongful death action is two years, which the same as it is in the state of Florida. The claim must be brought within two years of the death which is shorter than most claims in Florida.
Estate and Absence of Written Will or Trust
There are two kinds of legal measures the absence of a written will or trust. There are specific statutes in effect in Florida about how the estate of someone who dies without a will is handled called intestate succession. However, a wrongful death claim in Orlando is not a normal part of an estate procedure. The law that applies in a wrongful death case is that the personal representative, the person appointed as the representative of the estate, brings the claim for wrongful death.
Wrongful Death Settlements
The vast majority of wrongful death cases in Orlando where there is a claim or a death that resulted from someone's negligence are generally settled in court. The lawsuit must be filed in court to obtain any kind of compensation. Usually, the responsible parties do not admit their fault for causing a death. However, the majority of those cases settle without actually having to go to a trial which would be a final court determination of the wrongful death claim. These cases are usually settled during the litigation process and/or usually settled at mediation shortly before trial.
Preparing a Case
If an individual can obtain the full measure of compensation for the survivors of the decedent, it is always better to settle the claim without having to go through the stress of a wrongful death trial which can be emotionally difficult for the survivors. However, it is important to make sure that the survivors receive the full measure of compensation and do not settle the case for less than it is worth.
This is a question that each individual must answer. Are they prepared to go through the stress of a trial or are they willing to settle prior to trial for whatever amount the defendant offers? It is important to have a competent Orlando wrongful death lawyer assisting a person in the process to advise them as to what the full benefit of compensation is and what the anticipated recovery at trial is so the person can make an educated decision about settlement.