Orlando Wrongful Death Lawyers

Losing a loved one due to someone else’s negligence is one of the most devastating experiences a family can go through. Our Orlando wrongful death lawyers can evaluate your case to see if you can file a wrongful death lawsuit. Whether the fatal accident involved a car crash, medical malpractice, or a workplace injury, you may be entitled to financial compensation due to this wrongful death.

The Law Offices of Jason Turchin has extensive experience handling wrongful death claims in Orlando and throughout Florida. Call 800-337-7755 today for a free consultation.

Why Hire an Orlando Wrongful Death Attorney?

Dealing with legal matters while grieving can be overwhelming. A wrongful death attorney can help your family by:

• Investigating the cause of your loved one’s death.
• Identifying all parties responsible for the accident.
• Handling negotiations with insurance companies.
• Filing a lawsuit if necessary to recover maximum compensation.

Florida law limits the time you have to file a wrongful death claim, so it is crucial to take action as soon as possible.

What Qualifies as a Wrongful Death Case in Orlando?

Wrongful death occurs when an individual loses their life due to negligence, recklessness, or intentional misconduct. In Florida, wrongful death lawsuits can arise from incidents such as:

• Car accidents
• Truck accidents
• Motorcycle crashes
• Pedestrian and bicycle accidents
• Medical malpractice
• Slip and fall accidents
• Construction site accidents
• Workplace injuries
• Nursing home abuse and neglect
• Defective product injuries

If your loved one would have been eligible to file a personal injury lawsuit had they survived, then their estate or surviving family members may be able to pursue a wrongful death claim.

Who Can File a Wrongful Death Claim in Florida?

Under the Florida Wrongful Death Act, a lawsuit must be filed by the personal representative of the deceased’s estate. This person is either named in the deceased’s will or appointed by the court. An Orlando wrongful death lawyer can investigate your case to see who may be entitled to compensation.

While the lawsuit is filed on behalf of the estate, certain family members can receive compensation, including:

• Spouses
• Children
• Parents
• Other financial dependents

How Much Is a Wrongful Death Case Worth in Florida?

The value of a wrongful death claim depends on factors such as:

• The deceased’s age and expected lifespan.
• The income they provided to their family.
• The financial and emotional support they offered.
• The circumstances of their death.

Each case is unique, and our wrongful death law firm can help calculate the full value of your claim.

What Damages Can You Recover in an Orlando Wrongful Death Case?

Surviving family members may be entitled to compensation for:

• Medical expenses incurred before death.
• Funeral and burial costs.
• Loss of financial support.
• Loss of companionship and guidance.
• Emotional distress suffered by survivors.
• Pain and suffering endured by the deceased before passing.

How Long Do You Have to File a Wrongful Death Lawsuit in Florida?

Florida law imposes a two-year statute of limitations for filing a wrongful death lawsuit. This means that if you do not file a claim within two years of your loved one’s passing, you may lose your right to seek compensation.

There are limited exceptions, such as cases involving fraud or concealed evidence, so consulting an attorney as soon as possible can be crucial. A wrongful death claims attorney in Orlando can evaluate your case.

What If the Deceased Shared Fault for the Accident?

Florida follows a modified comparative negligence rule, meaning that if the deceased was partially responsible for their accident, the compensation awarded may be reduced based on their percentage of fault.

For example, if the deceased was found to be 20 percent at fault, the total settlement amount would be reduced by 20 percent. However, as long as the deceased was not more than 50 percent at fault, a wrongful death lawsuit can still proceed.

How Our Orlando Wrongful Death Attorneys Can Help

When you choose the Law Offices of Jason Turchin, our attorneys will:

• Gather and preserve critical evidence.
• Interview witnesses and consult with experts.
• Handle all legal filings and court proceedings.
• Negotiate with insurance companies for a fair settlement.
• Take your case to trial if necessary.

We understand that no amount of money can bring your loved one back, but a wrongful death settlement can help ease financial burdens and hold negligent parties accountable.

Common Causes of Wrongful Death in Orlando

Wrongful deaths can occur in a variety of circumstances where negligence, reckless behavior, or intentional misconduct is involved. Some of the most common causes of wrongful death cases in Orlando include:

1. Car Accidents

Florida has one of the highest rates of traffic fatalities in the country. A wrongful death lawsuit may be pursued if a loved one was killed in a crash caused by:

• Drunk or impaired driving
• Distracted driving, such as texting
• Speeding or reckless driving
• Failure to yield or running red lights

Example: A driver runs a red light in downtown Orlando and crashes into another vehicle, killing the passenger. The victim’s family may be able to file a wrongful death claim against the at-fault driver and their insurance company.

2. Medical Malpractice

Medical professionals have a duty to provide competent care to their patients. If negligence leads to a fatality, the surviving family members may have grounds for a wrongful death lawsuit. Common examples include:

• Misdiagnosis or failure to diagnose a life-threatening condition
• Surgical errors
• Medication errors or incorrect prescriptions
• Birth injuries leading to the death of a newborn

Example: A doctor in an Orlando hospital fails to diagnose a patient’s heart attack, leading to their sudden death. The family may be able to hold the hospital and doctor accountable for medical negligence.

3. Workplace Accidents

Florida employers must provide a safe working environment. If an employer fails to take reasonable safety precautions and a fatal accident occurs, the victim’s family may be entitled to compensation. Common fatal workplace accidents include:

• Falls from heights at construction sites
• Electrocution from unsafe wiring
• Exposure to toxic chemicals
• Heavy machinery accidents

Example: A construction worker in Orlando falls from scaffolding due to improper safety equipment. The family may be able to sue the construction company for wrongful death by hiring an Orlando wrongful death lawyer.

4. Nursing Home Abuse and Neglect

Nursing homes and assisted living facilities have a responsibility to provide proper care to their residents. If negligence or abuse leads to a fatality, the facility may be held accountable. Examples of wrongful death in nursing homes include:

• Medication overdoses or errors
• Malnutrition or dehydration
• Bedsores or untreated infections
• Falls due to lack of supervision

Example: An elderly resident in an Orlando nursing home suffers fatal complications from untreated bedsores. The family may file a wrongful death claim against the facility.

5. Pedestrian and Bicycle Accidents

Orlando has one of the highest pedestrian fatality rates in Florida. Many wrongful death claims arise from accidents involving:

• Crosswalk violations
• Drivers failing to yield to pedestrians
• Hit-and-run accidents
• Reckless bicycle lane driving

Example: A cyclist is struck and killed by a distracted driver on International Drive. The family may pursue compensation from the driver’s insurance company.

What is a Wrongful Death in Florida?

Under the Florida Wrongful Death Act, a wrongful death occurs when a person’s death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party, and the deceased person would have been entitled to file a personal injury claim had they survived.

In simple terms, if someone’s careless, reckless, or intentional conduct causes a fatal injury, and that conduct would have supported an injury lawsuit if the person had lived, it may qualify as a wrongful death under Florida law.

Key Legal Elements of a Florida Wrongful Death Claim

To establish a wrongful death claim in Florida, several legal elements generally must generally be present:

1. A Duty of Care
   The at-fault party owed a legal duty to the deceased. For example, drivers owe others a duty to operate their vehicles safely, property owners owe a duty to maintain reasonably safe premises, and medical providers owe a duty to provide care consistent with accepted standards.
2. Breach of That Duty
   The defendant breached that duty through negligence, recklessness, or intentional misconduct. Examples may include distracted driving, unsafe property conditions, defective product design, or medical errors.
3. Causation
   The breach must have directly caused or substantially contributed to the death. This often requires evidence such as medical records, accident reconstruction, expert testimony, or product analysis.
4. Damages
   The surviving family members and the estate must have suffered legally compensable damages as a result of the death.

If these elements can be proven, a wrongful death lawsuit may be appropriate.

Common Situations That May Constitute Wrongful Death in Florida

Wrongful death claims can arise from many types of incidents, including:

• Car accidents and trucking collisions
• Motorcycle and pedestrian crashes
• Drunk driving (DUI) accidents
• Medical malpractice
• Defective or dangerous products
• Unsafe property conditions (premises liability)
• Workplace accidents
• Nursing home neglect or abuse
• Violent acts resulting from negligent security

In Orlando and throughout Florida, these cases may arise in residential areas, on highways like I-4 and the Florida Turnpike, in hospitals, theme parks, apartment complexes, and commercial properties.

How Wrongful Death Compensation Is Calculated in Florida

The amount of compensation available in a wrongful death lawsuit depends on several factors, including the victim’s earning capacity, medical expenses before death, and the emotional suffering of surviving family members. Damages may include:

Economic Damages

These are tangible losses that can be calculated with financial documentation:

• Medical bills related to the deceased’s final treatment
• Lost income and future earnings
• Funeral and burial costs

Non-Economic Damages

These damages compensate for emotional and psychological losses:

• Pain and suffering experienced by surviving family members
• Loss of companionship and parental guidance
• Emotional distress caused by the wrongful death

Punitive Damages

If the wrongful death was caused by extreme negligence or intentional misconduct, the court may award punitive damages to punish the responsible party. A lawyer for wrongful death in Orlando can review the facts of your case to see what damages you may be entitled to claim.

Case Hypothetical: Wrongful Death Settlement in Florida

To better understand how wrongful death cases work, consider this example:

Case Summary: A 45-year-old man was killed in a rear-end collision caused by a drunk driver in Orlando. The victim was the primary provider for his family, earning $80,000 per year. His family filed a wrongful death lawsuit seeking compensation for lost income, funeral costs, and pain and suffering.

Possible Settlement Outcome:

• $1.5 million awarded for lost future income
• $50,000 for funeral and burial expenses
• $500,000 for emotional distress and pain and suffering
• $1 million in punitive damages due to the driver’s intoxication

Total Compensation: $3.05 million

What to Do If You Believe You Have a Wrongful Death Case in Orlando

If you have lost a loved one due to negligence, here are the steps to take:

• Gather medical records, accident reports, and witness statements.
• Consult with a wrongful death attorney as soon as possible.
• Do not accept an early settlement offer from the insurance company.
• File a lawsuit within Florida’s two-year statute of limitations.

Florida Wrongful Death Act

The Florida Wrongful Death Act is a state law codified in Florida Statutes §§ 768.16–768.26. It establishes the legal framework for recovering wrongful death damages when a person’s death is caused by another’s wrongful act, negligence, default, or breach of contract. The Act aims to shift the financial burden of death from survivors to the responsible party.

Key facts

• Statutory citation: Florida Statutes §§ 768.16–768.26
• Effective purpose: Provides compensation for survivors and the decedent’s estate
• Representative: Personal representative of the decedent’s estate brings the claim
• Limitations period: Typically two years from the date of death
• Damages covered: Both economic and non-economic losses

Scope and applicability

The Act applies to any wrongful act that would have entitled the injured person to recover damages had they lived. It allows the personal representative of the deceased’s estate to file a lawsuit on behalf of surviving family members and the estate itself. Eligible survivors include the spouse, children, parents, and in some cases, dependent relatives.

Damages and beneficiaries

Damages under the Florida Wrongful Death Act include both economic and emotional losses. Survivors may recover for loss of support, companionship, and mental pain and suffering, while the estate may claim lost earnings, medical and funeral expenses, and loss of prospective net accumulations. The statute delineates specific recovery rights for each class of survivor.

Procedural framework

Claims must be filed by the estate’s personal representative, who acts for all beneficiaries. The lawsuit typically must be initiated within two years of the date of death, subject to exceptions for certain causes of action such as homicide. The Act also integrates with Florida’s comparative fault rules, allowing proportionate recovery where multiple parties share responsibility.

Purpose and policy

Enacted to provide uniformity and fairness, the Act’s policy goal is compensating survivors for the real economic and emotional impact of wrongful death while discouraging negligent or wrongful conduct. It balances deterrence, accountability, and family protection within Florida’s civil justice system.

Contact an Orlando Wrongful Death Lawyer Today

If you believe your loved one’s death was preventable, you may be entitled to financial compensation. The Law Offices of Jason Turchin can help you seek justice.

Call 800-337-7755 today for a free consultation. You won’t pay any fees or costs unless we win or settle your case.

FAQs

How long do wrongful death lawsuits take to settle?

Many wrongful death cases settle within six months to two years, depending on the complexity of the case and whether a trial is necessary.

Can I file a claim if my loved one was killed in a workplace accident?

Yes. In addition to workers’ compensation benefits, an Orlando wrongful death lawsuit may be filed against negligent third parties such as equipment manufacturers or contractors.

What if the insurance company offers a low settlement?

Insurance companies often try to minimize payouts. It can be crucial to have a lawyer review any offer before accepting it to ensure you receive fair compensation.

Do I have to pay upfront legal fees?

No. Our firm works on a contingency fee basis, meaning you only pay fees and costs if we recover compensation for your family.

Contact an Orlando Wrongful Death Lawyer Today

If you have lost a loved one due to negligence, do not wait to seek legal help. The Law Offices of Jason Turchin is here to fight for your family’s rights.

Call 800-337-7755 today for a free consultation. You won’t pay any fees or costs unless we win or settle your case. Our wrongful death lawyers can see if you have a case.