Orlando Wrongful
Death Attorney

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Are accidents a leading cause of death in Orlando?

The U.S. Centers for Disease Control and Prevention (CDC) report that wrongful death accidents are the leading cause of death among citizens between the ages of 1 and 45. The Florida Department of Public Health also confirms that wrongful death caused by motor vehicle accidents is the third—and, by several measures, second—leading cause of death. Regarding the causes of death in the U.S. from 2016 to 2020, the CDC shows the following statistics:

  • Poisoning – 38.851%;
  • car accident – 33.804%;
  • Falls  – 30.208%.

Statistics show that unlawful deaths associated with car accidents in Orlando remain critical. Over 75% of all deaths affect children and citizens of working age, i.e., under 45 years of age.

What is a wrongful death lawsuit?

A wrongful death is a death in which another person is at fault. The most common determinants are a person’s illness due to defective medical treatment, an injury caused by a third party, or an automobile accident caused by another party. Lawmakers in Florida, including Orlando, have published a bill indicating that heirs have the right to file a wrongful death lawsuit with both the court and the insurance company. Two laws were drafted to determine the amount of compensation payments.

The wrongful death accident law takes into account whether the death was caused by an automobile accident. Parents, spouses, children, and civilians living together may be the party in interest.

Survivor’s Act. This bill provides for the payment of compensation if the wrongful death occurred between the time of the accident and the end of the deadline for filing a wrongful death lawsuit. That is, during this period, the criteria of personal injury and wrongful death can be taken into account, as well as death caused by an automobile accident.

Note that a wrongful death lawsuit related to an immediate car accident is different from a “survival” law claim. However, when one contacts a wrongful death attorney at our firm, in most situations both claims can be enforced. In “survival law,” wrongful death claimants have the right to seek both economic and non-economic compensation and restitution. The wrongful death attorneys at Nunez Law Firm can help claimants file lawsuits against insurance companies, authorities, and the at-fault party to recover compensation and damages under Florida and Orlando County law.

Wrongful death accidents FAQS

For the convenience of those interested in obtaining compensation related to wrongful death accidents, our professional attorney has provided comprehensive answers. Please note that each situation is unique, and we recommend that you obtain an initial online consultation with a personal injury lawyer by contacting us.

What is the difference between a wrongful death claim and a survival action?

According to common jurisprudence and law, a wrongful death lawsuit is a situation in which a person dies in a car accident. In this case, a relative of the accident victim or their legal representative has the right to file a claim. Such persons include spouses, parents, children, and common-law spouses. After the accident, the relative goes to an attorney, who helps to claim compensation from the at-fault party, including filing an application with the insurance company or the court department. The law of survivorship has certain criteria. If a wrongful death due to the consequences of a car accident occurs within 4 years of the accident, the relative also has the right to file a claim. However, during this period, the victim of the car accident could have filed a personal injury claim, from which they received compensation. In this situation, a professional attorney in Orlando can help file a claim subject to the Survivorship Act.

What are my options if the cause of a loved one's death isn't immediately identifiable?

Such situations should be considered in terms of judicial precedent —for example, your loved one was in serious condition after a car accident, medical services were called, and your loved one died on the way to the hospital. This means the person’s death occurred at an intermediate location. Upon arrival at the hospital, a report is made, indicating what caused the death of the person at the intermediate stage. If the doctor indicates that the cause of death was an injury sustained in a traffic accident, it is automatically considered a wrongful death. The main condition is that the time and cause of death must be recorded correctly. In this case, the attorney can use the law on the fact of death from the consequences of a car accident. If the relative is unconscious, it is necessary to wait for an examination by the attending physician. If there is a long period of unconsciousness followed by death, the law of survivorship is used. On-site identification of an unconscious death accident is performed by a doctor and a police officer. After that, with the available document, you will go to the attorney, who will help you file a wrongful death. Note that if you have been the victim of a car accident, even if you have not suffered any injuries, you must go to the doctor to record your state of health. It is not uncommon for a person to be in a car accident and be unaware of any injuries, and for death to occur within 4 years as a consequence of the car accident.

What are common causes of wrongful death in Orlando and Florida?

Wrongful death in Orlando has a wide range of jurisdictional factors. The most common causes of wrongful death in Orlando are:

  • Automobile accident. Every year, more than 1,500 people are killed in the state. Distracted driving, driver negligence, and drunk driving are the leading causes of fatalities. The family of an accident victim has the right to take the at-fault party to court and seek compensation. Contact our attorney for tips on how to proceed.
  • Industrial accidents. Such deaths result from workers’ negligence in performing their duties, or in certain force majeure circumstances. The employer who failed to provide safe working conditions will be held responsible.
  • Medical malpractice. It is not uncommon for medical malpractice to be at fault. In this case, a detailed examination of the situation that led to the death of a person in Orlando is conducted.
  • Pet bites. Many citizens have pets in their households. Unfortunately, there has recently been an increase in the number of deaths related to pet bites.

Are there limits to the amount of recovery I can receive from a wrongful death claim?

Compensation payments related to wrongful death in Florida and Orlando are limited to $1 million. The amount averages out to $50,000. However, in certain situations, such as if a wrongful death involves an incapacitated person, a child, or a pregnant woman, or if there were complications after treatment, the amount of compensation can exceed $1 million. In general practice, there have been cases in which a wrongful death lawyer has obtained impressive compensation payments of up to $3 million. Each situation is unique, and one must consider the characteristics of the accident as well as the cause and effect relationship of the death.

Can I file a wrongful death claim if my loved one died from a criminal act?

Yes, you have every right to file a claim if the wrongful death was caused by the criminal activity of one or more individuals. In this case, you will need an objective investigation by the police, after which the court will determine the guilt of the offender and you can claim compensation. The amount of compensation depends on your moral suffering, as well as the injuries and suffering of the deceased relative. Compensation payments are made either by insurance or by filing a claim directly against the perpetrator. It is important to have the conclusion of the investigation as well as the medical board, which determines the degree of moral and physical suffering of your relative and you personally.

 

Who may be sued in a medical wrongful death case?

Unfortunately, wrongful death can also occur through the fault of a doctor. There have been many cases like this in Orlando, and many relatives have had to seek help from our experienced lawyer. In a case like this, the doctor’s actions are examined by Orlando metropolitan area state regulators. If the doctor is proven to be at fault, you may be able to seek compensation on economic and non-economic grounds.

Can I afford an attorney to pursue a medical malpractice wrongful death lawsuit?

Yes! Simply submit an application to an experienced lawyer in Orlando, who carefully examines the circumstances of the event and advises you on how to proceed. The main condition is that you must contact our attorney at the right time. They will file requests to the appropriate authorities. Then the claim formulation work begins.

When does a wrongful death lawsuit have to be filed?

A relative of a car accident victim has 48 months to file a wrongful death lawsuit. This deadline must be met, especially in car accident cases. If the death occurred within those 48 months, the deadline to file a lawsuit begins on the date of death and cannot exceed 4 calendar years. So that you don’t miss the deadline for filing a claim with an insurance company or the court, we recommend that you use the services of our experienced death lawyer. After your loved one’s death, be sure to contact an attorney, who will advise you of your next steps.

Who can be sued in a wrongful death case?

When a wrongful death accident occurs involving your loved one, the following people may be sued:

  • The driver of the other vehicle;
  • The doctor, nurse, or other medical personnel;
  • The employer;
  • A co-worker through whose fault the death occurred;
  • A pet owner (a bite caused the death of a loved one).

Depending on the situation, a professional lawyer in Orlando can help draft a claim for compensation when your loved one has died.

How much will legal representation cost?

Your initial consultation with a personal injury attorney will be completely free of charge. 

Subsequently, the service charge will be as follows:

  • Thirty-three and one-third percent (33 1/3%) of any recovery up to one million ($1,000.000.00) dollars up to the time of filing of an answer or demand for the appointment of arbitrators;
  • Forty percent (40%) of any recovery up to one million ($1,000.000.00) dollars through the trial of the case:;
  • Thirty percent (30%) of any recovery one million ($1.000.000.00) and two million ($2,000.000.00) dollars;
  • Twenty percent (20%) of any recovery in excess of two million ($2.000.000.00) dollars;

 When you hire our death lawyer, you will get qualified specialist help. Our task is to help the family go through their grief and achieve fair compensation related to the death of a loved one. Only after a court verdict is issued will you pay for the cost of the service.

Why do I need an attorney?

Experience has shown that if a relative goes to court on their own, they get paltry compensation or nothing at all. This is because many people do not know how to properly draft a claim related to a wrongful death accident. In most cases, the relative misses certain points related to the death of a loved one or completes the calculation incorrectly. A professional wrongful death attorney knows Orlando law very well and can help you win your case in court.

What are the death statistics in Florida?

Civilian death statistics are published based on official Florida Department of Medical Policy and Orlando sources. Between 2016 and 2020, the overall death statistics were as follows:

  • malignancies-24.3%;
  • heart disease-23.5%;
  • auto accidents-6.9%;
  • brain diseases-5.3%;
  • chronic respiratory diseases-5.3%.

The statistics related to deaths in car accidents are still high; according to the supervisory agency, this factor ranks third, with 6.9% of the total number of cases.

 
 

How do you prove a wrongful death claim in Orlando?

When developing an appropriate claim, a wrongful death lawyer in Orlando takes into account 4 mandatory criteria.

  1. Factor Obligation. In this case, the defendant owed a duty to the deceased person. His job was to drive the car in a reasonably safe manner and not harm others.
  2. Breach Factor. In this case, the lawyer in Orlando determines what condition the other driver was in when driving the vehicle—that is, whether there were signs of careless driving or of the driver being in an intoxicated state.
  3. Causation Factor. A professional personal injury lawyer in Orlando determines the actions or omissions of the defendant. In this case, the situation is taken into account, including whether the driver had been sober and whether the person was killed.
  4. Damages Factor. The wrongful death attorney determines the damages related to a person’s death based on two factors: “survival” and the specific fact of the wrongful death in Orlando. For survivorship, a proportionate share of the medical expenses incurred, as well as costs related to the accident participant’s death during the claim period, is determined. For wrongful death, a finding of fact is determined by available police and physician documentation.

What is the statute of limitations on a wrongful death suit in Orlando?

A professional wrongful death attorney in Orlando urges relatives to adhere to strict deadlines for filing a claim. If the wrongful death accident was fatal, the deadline to file a claim is 4 years. If your relative dies within that time frame due to a traffic accident, a professional death attorney in Orlando recommends counting 4 years from the date of death within that time frame. In any case, a professional attorney in Orlando recommends filing a claim immediately after the death of your loved one. That way, you will comply with the statute of limitations for wrongful death accidents. In addition, there is an exception for a minor child. After the child reaches the age of 18, an additional 2 years is added to the statute of limitations if the death was caused by a traffic accident.

What can you recover in a lawsuit in Orlando?

The approximate length of a lawsuit is 3-6 months, as evidence from both sides must be presented. During this time, a wrongful death attorney in Orlando will prepare the necessary evidence for the trial. Compensation is calculated based on one of the laws: survival or wrongful death accident. The claim may include the following statutory requirements.

  • The injured person has lost their job and must undergo treatment in a hospital.
  • The victim is being treated and rehabilitated. There must be a financial provision for the upcoming rehabilitation activities. This provides for possible future costs associated with recovery.
  • Pain and suffering. The person who died during the survival law period experienced pain and suffering. In this case, a lawyer in Orlando gathers evidence of the deceased’s mental and physical suffering.
  • At the conclusion of the lawsuit, the relatives of the accident victim receive fair compensation.

How can an Orlando attorney help with your claim?

We have helped hundreds of families who have lost relatives in wrongful death accidents in Orlando. Our professional and experienced wrongful death attorneys in Orlando understand your bereavement. Not only do we help you get the compensation you are due, but we also deal thoroughly with the situation that caused the fatal accident. We take pride in the fact that in 98% of cases, we have been able to protect the rights of relatives and obtain commensurate compensation for wrongful death in Orlando. We conduct insurance investigations, negotiate with all parties, participate in lawsuits, and help to obtain compensation under the Orlando Court Department’s decision.

If you have lost a loved one to a wrongful death accident, seek the help of a lawyer at our firm, who will help with your grief. Ultimately, justice will be served.

Written by Rafael NunezAttorneyPosted on June 23, 2021
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