Losing a loved one to negligence is one of the most tragic things we can experience. There is no warning and no time to prepare for the loss. A Kissimmee wrongful death attorney at our office can work with you to protect your legal rights and hold the people responsible for your loved one’s death accountable.
In our experience, families that have lost a loved one want answers and accountability. In order to truly hold these people and businesses accountable and get answers, we often must file a lawsuit and use the court system to force them to give us answers.
Our firm is a litigation law firm, and we are not at all afraid to take a case to trial. You can call us anytime at 321-LAWSUIT for a free legal consultation with a lawyer, not a customer service representative or call center person. When you work with us, you pay nothing unless we win.
Compensation Available in a Kissimmee Wrongful Death Lawsuit
There are many different types of compensation available in a Kissimmee wrongful death lawsuit. Florida Statute § 768.21 lists the damages available in wrongful death cases throughout the state, and they include some of the most common forms of compensation below:
- Loss of financial support and services that the deceased would have provided to surviving family members.
- Loss of companionship and protection suffered by the surviving spouse.
- Mental pain and suffering experienced by the surviving spouse, children, or parents.
- Loss of parental companionship, guidance, and instruction for the decedent’s minor children.
- Loss of future earnings and benefits the decedent would have reasonably accumulated over their lifetime.
- Medical bills and expenses related to the decedent’s final injury or illness.
- Funeral and burial costs paid by surviving family members or the estate.
- Loss of household services and contributions the decedent provided to the family.
- Loss of inheritance or estate accumulations the survivors would have received if not for the wrongful death.
- Emotional distress and mental anguish caused by the untimely loss of a loved one.
A lawyer at our office can help you determine the different types of damages you’re entitled to under Florida law. Our goal in a wrongful death case is to make sure our clients understand the full extent of damages and work to make sure we do everything in our power to maximize their compensation.
Although we don’t have the power to put anyone in jail, we can work to make sure that they have to pay for the damage they caused. Our goal is to make a statement in the hopes that these people and companies don’t kill anyone else. Wrongful death cases help us to make our communities safer for our families and for our children.
Common Types of Negligence in Kissimmee Wrongful Death Cases
Wrongful death is where negligent or intentional acts cause a victim’s death. These cases are very similar to a personal injury case, except the person bringing the lawsuit is the personal representative of the deceased person’s estate. Below are some of the more common types of negligence that lead to death in Kissimmee:
- Auto Accidents
- Semi-Truck Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Shootings on Business Properties
- Drownings at Resort Pools
- Drownings in Retention Ponds
- Suicides at Mental Health Facilities
- Nursing Home Neglect
- Defective Products
Any type of negligence that leads to a person’s death could form the basis of a wrongful death lawsuit. Thus, the list above does not capture every conceivable type of wrongful death in Kissimmee.
We have handled many types of cases involving wrongful death, and our Kissimmee wrongful death attorneys know how to hold wrongdoers accountable. Regardless of how a wrongful death occurs, we can help you get the justice you deserve.
Statute of Limitations for Wrongful Death Lawsuits in Florida
Florida Statute § 95.11 provides that the statute of limitations for a wrongful death case in Kissimmee is generally 2 years from the date of death. For personal injury cases, the statute of limitations is 2 years from the date of injury. Although there are some exceptions that may extend the statute of limitations in some circumstances, you should reach out to an attorney right away to make sure you don’t lose your right to compensation.
How a Wrongful Death Lawyer at Our Firm Can Help
When you lose a loved one because of someone’s reckless or negligent behavior, the insurance companies involved are going to fight to deny or minimize your claim for damages. They have a team of adjusters and defense attorneys devoted to fighting wrongful death cases. You need someone by your side to fight back and protect your legal rights.
Here are some of the ways a lawyer at our office can help you:
- Perform an investigation
- Gather and preserve valuable evidence
- Hire expert witnesses
- Communicate with insurance adjusters
- Assemble a demand package and send a demand for payment
- File a wrongful death lawsuit
- Take depositions
- Attend mediation
- Take the case to trial
A Kissimmee wrongful death lawyer at our office will guide you through every step of the legal process. Also, at our firm, you get your lawyer’s direct contact information so you can ask questions when you need to. We know how to maximize wrongful death claims.
Contact a Kissimmee Wrongful Death Lawyer for a Free Consultation
You can reach out to our law office anytime at 321-LAWSUIT if you need help with a wrongful death claim in Florida. We offer free legal consultations, and you don’t pay us anything unless we recover money for you. There are no upfront costs or retainer fees.
Our firm is a personal law firm, and you will get to know your lawyer throughout the duration of your case. Our mission is to build a lasting relationship with every client we serve, and we treat our clients like family. We are not a giant law firm, and we are careful to take cases that we believe in.
Reach out to us anytime to talk to a Kissimmee wrongful death attorney at our office. When you call us, we’ll make sure you get to speak with a lawyer.
Frequently Asked Questions About Kissimmee Wrongful Death Lawyers
How do you prove wrongful death?
To prove wrongful death in Florida, the plaintiff must prove the elements of negligence, which are duty, breach, causation, and damages. The plaintiff bears the burden of proof, which is a more likely than not standard.
What are the odds of winning a wrongful death lawsuit?
Every case is unique, and so the odds of winning a wrongful death lawsuit will depend upon a number of factors. Some of the most relevant factors in wrongful death cases include:
- The degree of negligence that caused the death
- The plaintiff's fault (if any)
- How the jury feels about the plaintiffs and beneficiaries
- Witness testimony
- The evidence admitted at trial
How do you find a wrongful death attorney?
You can call us anytime at 321-LAWSUIT for a free case evaluation. If a Kissimmee wrongful death attorney at our office can't help you, we have a strong network in the United States through our relationship with Trial Lawyers for Justice. We will do everything we can to find you an attorney that can help you.
Can You Sue a Hospital for Wrongful Death?
Yes. You can sue a hospital for wrongful death. We have handled many cases against hospitals and mental hospitals. If the case involves medical negligence, it will proceed as a medical malpractice lawsuit in Florida, which has different requirements than cases based on ordinary negligence.
How Are Wrongful Death Settlements Paid Out?
Wrongful death settlements in Florida are typically paid out according to the deceased person's will or the intestacy laws of Florida, if the decedent didn't have a will. The funds are first used to pay any outstanding debts, legal fees, and costs, and then the remaining amount is distributed among the survivors and the estate according to Florida’s Wrongful Death Act. Exactly how the funds are divided depends on each beneficiary’s relationship to the deceased.
What qualifies as wrongful death in Florida?
In Florida, a wrongful death occurs when a person’s death is caused by another party’s negligence, wrongful act, or wrongful omission. This can include fatal car accidents, medical malpractice, defective products, or unsafe premises. Under Florida Statute § 768.19, the deceased person’s estate or surviving family members can pursue compensation if the death could have been the basis for a personal injury lawsuit had the victim survived.
Who gets the money in a wrongful death lawsuit?
In a Florida wrongful death lawsuit, compensation is distributed to the deceased person’s survivors and estate. Eligible survivors typically include the spouse, children, parents, and any relatives or adoptive family members who depended on the deceased for support or services. The estate may also recover certain damages, such as lost earnings or medical expenses incurred before death, which are then distributed according to the will or Florida’s intestacy laws if no will exists.