Orlando Wrongful Death Attorney

What You Need to Prove to Win a Wrongful Death Claim

The tragic and unexpected death of a loved one, due to someone’s negligence, often leads to feelings of guilt, loneliness, despair and uncertainty. These overwhelming emotions may be further complicated by a corresponding loss of financial support, household services, and guidance. 

Florida law recognizes the extraordinary impact of such a loss and provides a legal remedy for the family members of the deceased.

We seek to create, develop and maintain close professional relationships with each client. The Orlando wrongful death lawyers and support staff are responsive to our clients’ emotions, questions and concerns. 

We focus on honestly and aggressively protecting the interests of injured people and their families. We will diligently seek justice on your behalf and attempt to recover all reasonable compensation permitted by law.

Grounds for a Wrongful Death Claim

Winning a wrongful death claim requires proving that a person's death was caused by another party, either through negligence in an accident or through intentional harm. 

To build a successful wrongful death claim, you must be able to prove three elements: the existence of a duty of care due to the deceased, breach of this duty by the other party, and causation (because of the other party's negligence or intentional act, it leads to the death). 

Additionally, you will have to provide evidence supporting your claim, such as medical records or eyewitness testimony. A lawyer experienced in wrongful death claims can help guide you through this process and navigate the complexities of proving your case so that you can recover compensation for your loved one's passing.

Florida’s Wrongful Death Statute of Limitations

When someone passes away due to the negligence or wrongdoing of another person in the state of Florida, their family has just two years to recover monetary damages by filing a wrongful death suit. This aptly-named “statute of limitations” allows a grieving family some time to collect evidence, discuss their options with an attorney, and bring their case forward – but isn't necessarily much else than that. 

All too often, families are unaware of this important detail and find themselves unable to take action when it is already too late. If you have recently experienced the loss of a loved one whom you believe died at the hands of another’s misconduct or negligence, it is important to act swiftly and seek legal representation from an experienced practitioner in Florida wrongful death law within this two-year window.

With Michael Barszcz, M.D., J.D., you can feel confident going through the process. Our Orlando wrongful death attorneys look to help you understand your rights while pursuing justice on your behalf. Trust that we’ve got your back.  

Who Can File a Wrongful Death Claim?

In Florida, eligibility to file a wrongful death lawsuit for a loved one's is governed by the Florida Wrongful Death Act. The following individuals are generally eligible to file such a lawsuit:

• Surviving Spouse: The deceased person's surviving spouse has the primary right to file a wrongful death lawsuit.
• Children: The deceased person's surviving children are eligible to file a wrongful death claim. In Florida, if the deceased person is a parent, children under 25 years of age can recover for both economic and non-economic damages. Adult children 25 years or older, can also recover damages, but there may be some limitations in certain medical malpractice cases.
• Parents: If the deceased person was under 25 years of age, the parents have the right to file a wrongful death lawsuit. If the deceased person was an adult with no surviving spouse or children, the parents may also have the right to file a claim.
• Other Blood Relatives and Adoptive Siblings: Any blood relative or adoptive sibling who is partially or wholly dependent on the deceased for support or services can file a wrongful death claim.
• Personal Representative: The personal representative of the deceased person's estate is responsible for filing the wrongful death lawsuit on behalf of the estate and the survivors. The personal representative is typically appointed in the deceased person's will or by the court if there is no will.

What Happens If Someone Dies From Medical Malpractice? 

If someone dies as a result of medical malpractice, the surviving family members or dependents may have the right to pursue legal action through a wrongful death lawsuit. 

The first step is for the surviving family members to consult with an experienced Orlando wrongful death attorney. The attorney can provide guidance on the legal process, assess the viability of the case, and help gather necessary evidence.

The attorney will conduct a thorough investigation to gather evidence supporting the claim of medical malpractice. This may involve reviewing medical records, consulting with medical experts, interviewing witnesses, and collecting other relevant documentation.

The attorney will file a wrongful death lawsuit on behalf of the surviving family members or the estate of the deceased. The lawsuit will name the healthcare provider(s) and any other responsible parties as defendants.

Navigating a wrongful death claim involving medical malpractice can be emotionally challenging and legally complex. 

An experienced attorney can provide the necessary support and legal expertise to help the surviving family members seek justice and compensation for their loss. If you have questions about your case, don’t hesitate to reach out to our firm today.

Call us at (407) 305-6088 today and learn how we can help you!