Orlando Wrongful Death in Care Facilities Lawyer

Losing a family member is one of the most profound and devastating experiences a person can endure. This pain is magnified when you suspect that your loved one’s death, while they were in a care facility, was not a natural event but the result of someone else’s carelessness or negligence. When you place your trust in a nursing home or other facility to care for a family member, you expect them to be kept safe. If that trust was broken and resulted in a tragic loss, you deserve answers and accountability.

At Spetsas Buist, we understand the immense weight you are carrying. Our compassionate Orlando wrongful death in care facilities lawyer is here to listen to your story and help you understand your legal options. We believe that no family should have to face a preventable tragedy alone. While no amount of money can ever replace your loved one, holding a negligent party responsible can provide a sense of justice and the financial stability your family needs to move forward.

Schedule Your Free Consultation

Key Takeaways about Orlando Care Facilities Wrongful Death Claims

• A wrongful death claim can arise when a person's death is caused by the negligence or wrongful act of another person or entity, such as a care facility.
• Fatalities in care facilities often result from specific breakdowns in care, such as unmanaged fall risks, neglect from chronic understaffing, medication errors, or failures to protect residents from known hazards.
• Under Florida law, the personal representative of the deceased's estate is the one who files the lawsuit on behalf of the surviving family members.
• Survivors may be able to recover compensation for damages including lost support, loss of companionship, mental pain and suffering, and funeral expenses.
• There is a limited time to file a wrongful death claim in Florida, making it important to understand one's legal rights sooner rather than later.
• An experienced attorney can investigate the circumstances of the death, gather evidence, and navigate the complex legal process on the family's behalf.

Why Choose Spetsas Buist for Your Orlando Wrongful Death Case?

When you are grieving, the thought of facing a large corporation and its insurance company can be intimidating. You need a legal team that not only understands the law but also understands what your family is going through. At Spetsas Buist, we offer a different kind of legal experience—one built on direct relationships and a relentless fight for justice.

• Direct Access to Your Lawyer: From your first call to the final resolution, you will have your attorney’s direct cell phone number and email. You won't be passed off to a case manager or paralegal. We believe you deserve to speak directly with the lawyer handling your family’s case.
• Former Insurance Defense Attorneys: We used to represent the very same insurance companies we now fight against. We know their tactics, how they evaluate claims, and how they try to minimize payments. This insider knowledge gives our clients a distinct advantage.
• We Are Trial Lawyers, Not a Settlement Mill: Our firm was founded on the principle of taking cases to trial if a fair offer isn’t made. We are not a high-volume firm that pushes for quick, low-value settlements. We prepare every case as if it’s going before a jury.
• No Fees Unless We Win: You pay absolutely nothing upfront. We work on a contingency fee basis, which means our fee is a percentage of the compensation we recover for you. If we don’t win, you don’t owe us a penny.

We are committed to telling your loved one’s story with the dignity and respect it deserves. Our goal is to lift the legal burden from your shoulders so you can focus on what matters most: healing with your family.

Understanding Wrongful Death Claims in Florida Care Facilities

When a person passes away due to another's negligence, Florida law provides a way for the surviving family to seek justice. This is known as a wrongful death claim. According to Florida law, a wrongful death occurs when a person's death is "caused by the wrongful act, negligence, carelessness, or default" of another person or corporation.

In simple terms, if the incident that caused your loved one’s death would have allowed them to file a personal injury lawsuit had they survived, you may have grounds for a wrongful death claim. These claims are not about punishment in a criminal sense but about holding the responsible party civilly liable for the immense harm and losses their actions have caused your family.

When Care Breaks Down: How Fatalities Occur in Care Facilities

A wrongful death in a nursing home or care facility is rarely a single, isolated event. More often, it is the tragic result of a systemic breakdown—a failure in procedure, a lack of resources, or a pattern of neglect. The fundamental duty of these facilities is to provide a safe, supportive, and watchful environment. When that duty is breached, the consequences can be fatal.

Understanding how these deaths happen is the first step toward seeking justice. Here are some of the common and heartbreaking ways negligence can lead to a preventable death in a care facility:

• Fatal Falls from Unsafe Conditions: Falls are a leading cause of serious injury and death among the elderly. A fatal fall in a facility is often preventable and can be caused by a failure to assess a resident's fall risk, wet floors without warning signs, poor lighting in hallways or bathrooms, broken bed rails, or staff failing to respond to a call for help in a timely manner.
• Neglect from Understaffing or Poor Training: Often, the root cause of a tragedy is that there simply aren't enough qualified staff members on duty. Understaffing leads to neglect, which can manifest in deadly ways. Residents may not be turned regularly, leading to infected bedsores (pressure ulcers). They might not receive adequate hydration or nutrition, leading to severe dehydration or malnutrition. Or they may not get the help they need for basic hygiene, leading to preventable infections that become fatal.
• Medication and Medical Errors: A simple mistake in administering medication can have devastating consequences. A fatal error can occur when a resident is given the wrong medication, the wrong dosage, a drug they are allergic to, or their medication is missed entirely. These errors often stem from poor communication, undertrained staff, or a chaotic and under-resourced environment.
• Failure to Protect from Hazards: Facilities have a duty to protect vulnerable residents from all foreseeable harm, whether from the environment or from other people. This includes preventing residents with dementia or cognitive impairments from wandering off the property (elopement), which can lead to a fatal accident. It also includes providing adequate security to prevent assaults by other residents or even staff members.
• Choking and Improper Feeding Assistance: Many residents require assistance with eating or have specially prescribed food textures. When staff members are not properly trained or are too rushed, they may not provide the necessary help, leading to a fatal choking incident.
• Transportation Accidents: When a facility provides transportation, it is responsible for the safety of its residents. A fatal accident can be caused by a driver who is not properly licensed or trained, a vehicle that has not been safely maintained, or a failure to properly secure residents with mobility issues inside the vehicle.

These examples illustrate how a breakdown in the standard of care can directly lead to an unimaginable loss. An experienced attorney can investigate the specific circumstances of your loved one’s death to uncover these failures and hold the responsible facility accountable.

Who Can File a Wrongful Death Lawsuit in Orlando?

In Florida, the legal process for a wrongful death claim is very specific. The lawsuit is not filed directly by the family members. Instead, it must be filed by the "personal representative" of the deceased person's estate.

The personal representative is often a family member named in the deceased’s will. If there is no will, the court will appoint someone, typically a close relative like a spouse or adult child. This person acts on behalf of all the "survivors," who are the family members entitled to recover damages.

Under Florida law, survivors may include:

• The spouse of the person who passed away.
• The children of the person who passed away.
• The parents of the person who passed away.
• Any blood relative or adoptive sibling who was partly or wholly dependent on the deceased for support or services.

A knowledgeable wrongful death attorney can guide your family through the process of appointing a personal representative and ensure the claim is filed correctly on behalf of all eligible survivors.

Seeking Justice and Compensation for Your Family's Loss

The purpose of a wrongful death lawsuit is to recover compensation, known as "damages," for the losses the family has suffered. In Florida, damages are divided into two main categories: damages that are awarded to the deceased person's estate and damages that are awarded directly to the surviving family members.

Damages for the Estate

The estate can claim damages that the deceased person would have been able to claim if they had survived the injury. This can help cover the financial burdens created by the fatal incident.

These damages typically include:

• Lost wages, benefits, and other earnings from the date of injury to the date of death.
• The value of savings the estate would have accumulated had the person lived a normal life expectancy.
• Medical bills and funeral expenses that were paid by the estate.

These funds become part of the estate and are distributed to heirs according to the person’s will or state law.

Damages for the Survivors

The surviving family members can also claim damages for their own personal losses, which are often the most significant part of a wrongful death claim.

These damages may include:

• The value of lost support and services the deceased provided to the family.
• Loss of companionship and protection for a surviving spouse.
• Mental pain and suffering for the surviving spouse, children, and parents.
• Loss of parental companionship, instruction, and guidance for surviving minor children.
• Medical or funeral expenses paid directly by a family member.

Understanding the full range of damages your family is entitled to is crucial. Insurance companies will often try to offer a quick, low settlement that doesn't come close to covering the true lifetime cost of your loss. Our attorneys fight to ensure that any recovery fully accounts for the financial and emotional toll on your family.

The Complexities of Investigating a Care Facility Wrongful Death

Proving that a death was caused by a facility's negligence is rarely straightforward. The facility and its insurance company have a strong incentive to deny responsibility. They may claim the death was from natural causes, that it was an unavoidable accident, or even try to shift blame onto your loved one.

This is why a prompt and thorough investigation is absolutely critical. An experienced Orlando care facilities attorney knows how to act quickly to preserve crucial evidence before it is lost or destroyed.

At Spetsas Buist, our investigative process may involve:

• Securing Evidence: We immediately send legal notices to the facility to preserve evidence like video surveillance footage, incident reports, maintenance logs, and employee records.
• Interviewing Witnesses: We identify and speak with anyone who may have knowledge about the incident, including facility staff, other residents, or outside vendors.
• Consulting with Professionals: Depending on the case, we may work with engineers to analyze a structural failure, security consultants to evaluate a facility’s safety protocols, or accident reconstructionists to determine the cause of a vehicle crash.

We know the strategies these corporations use to hide information and avoid accountability. Our background defending them means we know where to look and what questions to ask to uncover the truth.

Navigating the Legal Process with a Compassionate Orlando Attorney

The legal system can seem confusing and overwhelming, especially when you are grieving. Our job is to handle every aspect of the legal process so you don't have to. We will guide you step by step, ensuring you are informed and supported along the way.

While every case is unique, the general process includes:

1. Free Consultation: You will speak directly with one of our attorneys to discuss what happened. We will listen with compassion and provide an honest assessment of your potential case.
2. Investigation: If we take your case, we will immediately begin our in-depth investigation to gather the evidence needed to build a strong claim.
3. Filing the Claim: We handle all the complex legal paperwork to open the estate and file the wrongful death lawsuit in the proper court, likely here in Orange County.
4. Negotiation with Insurers: We will present our case to the insurance company and handle all communications and negotiations. We will fight back against any attempts to undervalue your claim.
5. Litigation and Trial: If the insurance company refuses to make a fair offer, we are fully prepared to take your case to court. As trial lawyers, we are comfortable and capable in the courtroom, telling your loved one's story to a judge and jury.

Throughout this entire process, you will have a dedicated legal advocate on your side, fighting for your family as if it were our own.

Wrongful Death in Orlando Care Facilities FAQs

Here are answers to some common questions families have after losing a loved one in a care facility.

When You Can’t Afford to be Ignored, Our Orlando Wrongful Death Lawyers Are Here to Help

No family should have to endure the pain of losing a loved one due to another’s carelessness. While the legal process cannot turn back time, it can provide the resources your family needs to find stability and a sense of justice in knowing that the responsible party was held accountable.

The team at Spetsas Buist is ready to stand with you. We are not a giant firm where you become just another case number. We build lasting relationships with our clients, and we fight for them like family. We are conveniently located right across from Lake Eola Park in downtown Orlando, ready to serve families throughout Florida, including Orange County, Seminole County, and Osceola County.

If you have lost a family member and suspect negligence was involved, please do not wait to seek help. Contact our Orlando office today at (321) 352-7588 or through our online form for a free, confidential consultation.

When you call, you will speak directly with a lawyer who can help you understand your rights and options. Let us tell your story and fight for the justice your family deserves.