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When negligence results in the death of a loved one, the pain is immeasurable. Orlando families facing this tragedy may have legal options to seek justice. A wrongful death claim can help ensure that those responsible are held accountable. At Fiol & Morros Law Group, our compassionate Orlando wrongful death lawyers understand what you're going through. We help families recover financial compensation during the most difficult time of their lives.
Our personal injury law firm has decades of experience with wrongful death litigation throughout Central Florida. We've recovered millions of dollars for grieving families who lost loved ones due to negligence. Our Florida wrongful death attorneys are well-versed in the complex requirements of the Florida Wrongful Death Act and Florida Statutes.
We are thoroughly familiar with these laws. We provide personalized legal support with no upfront costs. We work on a contingency fee basis, managing all legal aspects so you can prioritize recovery and family. We serve families in Winter Park, Altamonte Springs, Lake Mary, and The Villages.
A wrongful death occurs when an individual loses their life as a result of another person's actions. The other person may have been negligent, reckless, or acted intentionally. Car accidents are one of the most common causes of death. Wrongful deaths can also result from medical malpractice, workplace accidents, and premises liability incidents. Defective products can cause fatal injuries as well. The fatality must stem from actions that would have entitled the deceased to pursue a personal injury lawsuit.
This means the person would have had a case if they had survived. Only eligible parties are permitted to file wrongful death claims. Eligible surviving family members or the estate's representative must file the case. These are civil lawsuits that seek financial compensation. They are separate from criminal prosecutions that could result in jail time.
Under Florida law, only one person can file a wrongful death lawsuit. This person is referred to as the personal representative of the deceased person's estate. The representative is usually named in the deceased's will. If there's no will, Florida courts will appoint someone to serve in this role. On behalf of qualifying surviving relatives, the personal representative files the claim for potential damages.
Eligible survivors include the spouses, children, and parents of the deceased. Other relatives who depended on the deceased may also be eligible. Each surviving family member may recover different types of damages. The amount depends on their relationship with the deceased and their specific circumstances.
Car and truck accidents are the leading causes of wrongful deaths in Central Florida. Many auto accident fatalities happen because of dangerous driving behaviors. Drunk drivers, distracted drivers, and reckless drivers cause these tragic crashes. Motorcycle accident lawyers handle cases where motorcycle collisions prove fatal.
Motorcycle riders face significant risks because they often have limited protection during crashes. Pedestrian and bicycle accidents also cause many deaths each year. These incidents often occur when drivers neglect to yield. Some automobile accidents create problems with uninsured motorist car insurance coverage.
Medical malpractice cases involve fatal errors by healthcare providers during medical treatment. Surgical errors can lead to death on the operating table. Misdiagnosis and delayed treatment prevent patients from getting proper care. Medication mistakes can cause fatal reactions or overdoses.
Nursing home abuse and neglect also cause preventable deaths among elderly residents. These cases require careful review of medical bills and medical records. We must prove the standard of care was violated.
Construction site accidents and workplace accidents claim many lives each year in Florida. Falls from heights are a common cause of death. Equipment failures and unsafe working conditions create deadly hazards for workers. Trucking company negligence can also lead to fatal crashes. These crashes involve large commercial vehicles that cause severe damage.
Premises liability accidents happen when property owners fail to maintain safe conditions. Dangerous areas can lead to fatal falls or other serious injuries. Defective product accidents involve faulty braking systems and defective airbags. These dangerous consumer products can kill unsuspecting users.
Dog bites can prove fatal in rare cases involving large animals. Negligent security accidents occur when property owners fail to provide adequate protection for their visitors. Watercraft accidents can also result in drowning deaths in Florida waters.
Surviving family members can recover both economic damages and non-economic damages in wrongful death claims. When negligence is egregious, punitive damages may be awarded to hold the offender accountable and prevent repeat behavior.
Economic Damages Available:
Non-Economic Damages Available:
Florida law generally requires wrongful death lawsuits to be initiated within a two-year window following the death. However, some exceptions apply depending on the specific circumstances of the case. Medical malpractice cases may have different deadlines under the Florida Tort Reform Act.
Cases involving government entities or mass transit authorities may have shorter notice requirements. Acting quickly helps preserve important evidence and strengthens your wrongful death lawsuit. Federal Court cases may have different time limits that require immediate attention from experienced attorneys.
Our personal injury attorneys must prove four key elements to win your wrongful death case. First, we show the defendant owed a duty of care to your loved one. Second, we demonstrate how they breached that duty through negligent actions or failure to act properly. Third, we establish a direct link between their breach and the death that occurred. Fourth, we document the actual damages suffered by surviving family members.
We gather police reports, witness testimony, expert opinions, and other crucial evidence during the discovery process. To build a compelling case for your family, our civil litigation team partners with medical experts, accident reconstruction specialists, and other key professionals.
Losing a loved one creates overwhelming grief, trauma, and depression for surviving family members. The emotional impact affects every aspect of daily life and can last for many years. Financial instability often follows when families lose their primary income provider overnight. Children experience significant disruptions in their lives and emotional development, which can potentially impact their long-term success and well-being.
Medical costs associated with the final illness or injury add to the financial burden that families must face. A successful wrongful death claim helps secure financial stability and provides some sense of closure for the family. The compensation cannot replace your loved one, but it can ease the financial stress during this incredibly difficult time.
Wrongful death claims present complex legal and emotional challenges, necessitating the expertise of skilled legal counsel. Insurers frequently attempt to reduce settlements or reject legitimate claims to safeguard their bottom line. Our personal injury lawyer protects your rights and fights for maximum compensation through skilled negotiation or trial.
We handle all aspects of the legal process, including negotiating with challenging insurance adjusters and meeting stringent court deadlines. This allows you to focus on your family and the healing process during this difficult time. Our personal injury law firm understands tort law and employs effective personal injury litigation strategies that consistently deliver results for our clients. We handle paperwork, court filings, and insurance settlements, so you don't have to worry about these complex details.
Who can bring a wrongful death claim in Florida?
In Florida, a wrongful death claim must be filed by the estate’s personal representative, acting on behalf of the deceased’s surviving family members, as outlined by state law.
How long do I have to file a wrongful death lawsuit? You usually have 2 years from the date of death under Florida law, though some exceptions may apply.
Can I recover damages for emotional suffering? Yes. Mental pain and suffering are recoverable for certain surviving family members under Florida Statutes.
Is a wrongful death claim the same as a criminal case? No. It's a civil lawsuit focused on financial compensation, separate from any criminal activity prosecution.
What if my loved one was partially at fault? Florida's comparative fault rules may reduce—but not eliminate—damages in your personal injury claim.
How much does a wrongful death lawyer cost? We work on a contingency fee basis — no upfront fees and you only pay if we win your case.
You deserve answers and justice after losing someone you love. At Fiol & Morros Law Group, our Orlando wrongful death lawyer helps families get the compensation and closure they need. Your loss may have resulted from a Florida car accident or a slip-and-fall accident. It could also involve other negligent conduct by careless parties.
We're here to support you during this challenging time. Our consultations are free, and you only pay if we successfully represent you in your case. Request a free case evaluation today. Take the next step toward healing and justice for your family.
