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With Experience And Dedication


By: Morey Law Firm

January 23, 2024

A Families’ Guide to Wrongful Death Claims

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What do I do after the Wrongful Death of a Loved One in Orlando: A Guide for Families

Losing a loved one is an unimaginable tragedy, and the pain deepens when their death results from someone else’s negligence. Families facing this harsh reality often find themselves lost in both their grief and the complexities of legal proceedings. Our Florida Wrongful Death Attorneys are here to provide clear guidance on the steps families should take in the wake of such a tragedy.

Understanding Wrongful Death in Orlando, Florida

Wrongful death occurs when a person dies due to the negligence or misconduct of another individual, company, or entity. The causes of wrongful death in Florida are many, and each is equally challenging. In Orlando, as in the rest of Florida, wrongful death claims are governed by specific state laws. These claims allow the deceased’s family members to seek compensation for their loss, including expenses like medical bills, funeral costs, and loss of companionship.

What Role do Family Members Play in Wrongful Death Case?

In a wrongful death claim, family members play a significant role, both emotionally and legally. They are often the primary beneficiaries of any compensation awarded and are typically the ones who initiate the legal proceedings. Family members, such as spouses, children, or parents of the deceased, may be involved in gathering evidence, providing testimonies about the deceased’s life, and detailing the impact of the loss on their lives. They may also contribute by identifying potential witnesses and assisting in the documentation of economic losses, like loss of income and support. Furthermore, family members provide emotional narratives that help in illustrating the non-economic damages such as loss of companionship and mental anguish. Their involvement is crucial in personalizing the case, thereby helping the court or jury understand the full extent of the loss. However, the legal aspects of the claim are generally managed by the appointed personal representative, who acts on behalf of the deceased’s estate and in the best interest of the family members.

What do I do After the Wrongful Death of a Family Member?

Step 1: Seek Immediate Legal Counsel

  • Contact an Orlando Wrongful Death Lawyer: It’s crucial to consult with an attorney who understands the intricacies of Florida’s wrongful death laws. An experienced lawyer will help you navigate the legal process, ensuring your rights are protected.

Step 2: Understand the Role of the Personal Representative

  • Appointment of the Personal Representative: In wrongful death cases, the appointment of a personal representative for the deceased’s estate is a crucial step. This individual, responsible for filing the lawsuit, is either designated in the deceased’s will or appointed by the court if no will exists. The role of the personal representative is pivotal, as they act on behalf of the deceased’s estate and any eligible beneficiaries. This includes managing the legal proceedings, making decisions about the lawsuit, and ensuring that any compensation awarded is fairly distributed among the beneficiaries. The appointment of a competent and trustworthy personal representative is essential to effectively navigate the complexities of a wrongful death claim and to uphold the legal and financial interests of the deceased’s estate.

Step 3: Establishing Negligence

  • Proving Negligence: To succeed in a wrongful death claim, your attorney must prove that the defendant’s negligence directly led to your loved one’s death. This might involve gathering evidence, eyewitness accounts, and expert testimonies.

Step 4: Calculating Damages in a Wrongful Death Claim

  • Economic and Non-Economic Damages: In a wrongful death case, the concept of damages extends beyond mere financial losses, encompassing both economic and non-economic aspects. Economic damages include tangible costs such as medical expenses incurred prior to the death, funeral and burial costs, and loss of the deceased’s expected earnings. On the other hand, non-economic damages cover the intangible and more subjective losses, like the pain and suffering of the deceased before death, loss of companionship for family members, and the emotional distress caused by the sudden loss. Calculating these damages accurately is a complex process that requires a deep understanding of both legal precedents and the unique aspects of the individual case. An experienced attorney plays a crucial role in this, employing various methods and expert testimonies to ensure that the full extent of both economic and non-economic damages is comprehensively evaluated and rightfully claimed.

Step 5: Navigating the Legal Process

  • Filing the Lawsuit: Once your attorney has gathered all necessary information, they will file a wrongful death lawsuit on your behalf. It’s essential to be aware of the statute of limitations in Florida, which generally limits the time to file a claim to within two years of the date of death.

Step 6: Seeking Closure and Justice

  • The Path to Resolution: Whether through a settlement or a court trial, the goal is to seek justice for your loved one and hold the responsible parties accountable. While no amount of compensation can replace your loss, it can provide financial stability and a sense of closure.

Morey Law Firm, P.A: Your Orlando Wrongful Death Attorneys

The loss of a family member due to someone else’s negligence is a profound and challenging experience. While no amount of compensation can replace your loved one, pursuing a wrongful death claim can offer a sense of justice and financial support during this difficult time. Our attorneys have the experience you need dealing with car accident death claims, pedestrian wrongful death, and DUI wrongful death amongst others. Remember, you don’t have to navigate this process alone; a personal injury attorney can guide you every step of the way.


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