ORLANDO WRONGFUL DEATH LAWYERS
ORLANDO WRONGFUL DEATH LAWYERS
Did You Lose a Loved One to Wrongful Death in Orlando?
Wrongful death occurs when someone gets killed in an accident caused due to the intentional or negligent actions of another. A wrongful death case is generally filed after a criminal trial. The plaintiff has the burden of proof in both criminal and civil cases.
Elements of a Wrongful Death Case in Orlando
A wrongful death case has certain elements. Here are four key elements that are involved in any wrongful death case.
Breach of Duty — In order to win a case, it must be proved in the court that the plaintiff owed a duty of care to the victim.
A motorist has a duty to drive safely. An employer has a duty to ensure that the office is safe. A building owner is required to ensure that the premise is safe. Doctors and medical professionals have a duty to provide reasonable healthcare.
Any breach of the duty to care leads to wrongful death cases. The plaintiff needs to prove in the court that the defendant had breached the duty of care that had resulted in the death of a person.
Negligence — To prove a wrongful death case, the legal representatives must also prove that the accident had occurred due to negligent actions or recklessness of the defending party.
Causation — The death of a person should have been caused by the defendant. The plaintiff must prove that the defendant had caused the accident that led to the death of a victim.
Losses — The death of a person resulted in losses for the family members and dependents of the deceased person. The losses can be in the form of loss of protection, medical bills, loss of income, and psychological pain and suffering of the victim.
Common Causes of Wrongful Death Cases in Orlando
A wrongful death case can occur due to a number of reasons. Here are some of the cases that can lead to a wrongful death case.
Vehicle accidents can lead to serious injuries. Often these accident result in a fatality. More than 40,000 people get killed in a vehicle accident every year in the US. The most common causes of vehicle accidents include truck accidents, car accidents, and motorcycle accidents.
A driver can cause a wrongful death of another motorist or passenger of their own vehicle. The case can also be filed against the employer of the driver. Moreover, it can be filed against a manufacturing company for defective seats, breaks, tires, and other vehicle parts that malfunction during driving.
A wrongful death case can also occur due to airplane accidents. For example, victims of deceased family members can sue an aircraft manufacturing company for defects in a plane Moreover, victims can also file a case against the airline if the piolet was driving under the influence of alcohol.
Medical malpractice is another common cause of wrongful death. Medical professionals have the legal duty to provide reasonable care to the patients. Negligence of the medical staff can lead to serious injuries and even death of a victim.
Pedestrian accidents don’t have any protection when involved in a vehicle accident. As a result, most pedestrian accidents result in a fatality. There are many causes of pedestrian accidents that include low visibility, lack of pedestrian walkways, and reckless driving.
Workplace accidents can also lead to wrongful death cases. Serious accidents in the workplace can lead to death. They are most likely to occur in dangerous work environments such as construction places and occupations where heavy machines are used.
A wrongful death case can also arise due to a manufacturing defect of a product. Apart from manufacturers, supplier, distributors, and retailers can also be held responsible for death due to a product defect.
The defect can be due to a design or manufacturing of a product. Moreover, failure to warn customers about a known product defect can also lead to a wrongful death case.
Mistakes that lead to the death of an individual are not confined in hospitals. They are also present in elder care facilities. Nursing homes are required to ensure that the residents are given extra care.
Negligence by the staff members in caring for the elderly can result in death. A nurse may inject the wrong medicine or give the required medicine on time. Moreover, death can occur due to dangerous conditions such as broken steps or low lighting condition.
Slip and Fall
A wrongful death case can also arise due to slip and fall. Individuals may slip and fall on a slippery floor. The fall can be life-threatening particularly for an elderly individual.
Slip and falls are one of the leading causes of deaths in the US. The accidents commonly occur on the ladders, cluttered hallways, ramps, uneven surfaces, stairs, and unstable work surfaces.
Filing A Personal Injury Claim vs Wrongful Death Claim
Personal injury and wrongful death cases have certain things in common. They arise due to riskless, negligent, and intentional action of a person. Moreover, both of them fall under tort law. The plaintiff needs to prove in each case that the defendant had the duty of care and that duty was breached resulting in injury or death.
Personal injuries and wrongful death cases apply to medical malpractice, motorcycle accidents, trucking accidents, slip and fall injury, and workplace accidents.
However, there are a lot of differences between personal injury and wrongful death cases. In personal injury, the claim is brought by the victim. On the other hand, in wrongful death cases, the deceased person’s representative files a lawsuit.
The statute of limitation is also different for personal injury and wrongful death cases. The statute of limitations regarding personal injury is four years while the limitation for wrongful death cases is two years.
For personal injury, the limitation period starts when the personal injury becomes known. In contrast, the limitation period for wrongful death cases starts after the death of the victim.
Who Can File a Wrongful Death Case?
The claim can be filed by a designated beneficiary. A designated beneficiary includes a person who is specified by the statute based on the relationship to a deceased person. In Florida, the designated statutory beneficiary is usually the immediate family members.
If the close family members are not alive, the right passes to the distant family members like parents, grandparents, and siblings. In case, no close or distant family members are alive, no wrongful death cases can be brought.
Types of Wrongful Death Damages that can be Claimed
Various damages can be claimed in a wrongful death case. These include economic, punitive, and non-economic damages. Let’s review examples of each type of damages that can be claimed in a wrongful death case.
Economic Damages — Economic damages include financial losses borne due to the death of a victim. Example of economic damages includes the following.
- Loss of expected earnings of a victim
- Medical bills
- Loss of medical coverage, pension plans, or spousal support
- Funeral and medical expenses
- Loss of inheritance due to the untimely death of the victim
- Goods and services that the victim could have provided if alive
- Burial and funeral costs
- Legal fees
Punitive Damages — Punitive damages are awarded in order to punish a defendant. The payments in terms of damages generally amount to two or three times the original damage. However, a cap is placed on the amount of punitive damages that can be awarded in a wrongful death case.
Non-Economic Damages — Non-economic damages are awarded for psychological pain and mental anguish caused due to the death of a victim. The damages are awarded for the loss of companionship due to the death of the victim.
Why Hire an Orlando Wrongful Death Attorney?
Hiring a wrongful death attorney can greatly increase the chances of a favorable court outcome. You can get expert counsel and advice regarding a personal injury case.
Save Time and Effort
A personal injury lawyer will bear the brunt of a personal injury case. The lawyer will do all the leg work involved in meeting the legal requirements of a case. This can save you a lot of time and hassles involved in fighting a personal injury case in court.
Gain Understanding of the Legal Process
An attorney will inform you about the legal proceedings in a personal injury case. The attorney will guide you about deadlines that should be met and legal documents that should be filed in the court. Failure to file the correct document in the court in a timely manner can jeopardize your personal injury case.
Improve the Odds of a Successful Court Outcome
Hiring an attorney will greatly increase the odds of a successful court outcome. An attorney will try to obtain the maximum possible compensation amount. The cost of the legal attorney will be more than worth it in the end due to a higher personal injury settlement amount.
Do you want expert legal help of a wrongful death case? We can offer you professional help.
At Shiner Law Group, we have a group of experienced professionals who can help with wrongful death cases. You can contact us today by dialing (855) 462-6878.