Orlando Wrongful Death Attorneys

When a loved one dies unexpectedly from an accident injury, coping with the loss can be extremely difficult. If the accident was caused by someone else’s negligent or wrongful actions, the difficulty may be even worse. Survivors may agonize over why their loved one had to die and how they are going to manage without them.

You can never go back to a time before your loved one’s death. However, you might be able to arrive at some understanding and acceptance if you hold the responsible party accountable for their negligence. Obtaining compensation for your loss can help. After hearing about what happened to your loved one, an experienced Orlando wrongful death attorney can provide compassionate, knowledgeable advice. They will help you decide on your best course of action.

The trusted attorneys at Dennis Hernandez Injury Attorneys have helped many families in Florida obtain justice. They are committed to helping you hold those responsible for your loved one’s death accountable for their actions. We will consider all the compensation you deserve for your loss. Our team will support you with comprehensive guidance throughout the entire legal process. Let us look out for your rights and advocate for you and your family during this challenging time.

What Constitutes Wrongful Death in Florida?

Was Your Loved One’s Death a Wrongful Death?

Under Florida law, most deaths resulting from someone’s wrongful or negligent actions may qualify as wrongful death. The Florida Wrongful Death Act defines it as the death of a person caused by another’s wrongful act, negligence, default, or breach of contract or warranty.

A car crash caused by an impaired driver that causes fatal injuries, surgeon’s error that leads to a patient’s death, defective equipment that causes a fatal injury, and a pool without adequate safety measures that leads to a drowning all have the basis for wrongful death lawsuits.

Wrongful deaths can occur in many different ways, as the examples noted above suggest. However, they are primarily due to:

• Medical errors –Ten percent of all U.S. deaths are due to medical errors or medical malpractice, according to research from Johns Hopkins School of Medicine. These errors include surgical errors, diagnostic errors, medication errors and other serious mistakes by healthcare professionals.
• Workplace accidents – Fatal accidents, such as slips and falls, can occur at any workplace, but they occur most frequently among workers in the construction, transportation, and law enforcement industries. If a fatal accident occurs due to faulty equipment or conditions in which standard safety procedures were not followed, the fatality could be a wrongful death.
• Car accidents – The National Center for Injury Prevention and Control reports that car accidents are a leading cause of accidental injury deaths in the U.S. When someone is impaired, distracted, speeding or negligent in another way and causes a fatal car crash, the death is considered a wrongful death.
• Falls – Falls are a leading cause of injury deaths in the U.S., especially among the elderly. If a fatal fall occurs because of dangerous conditions on someone’s property or because of a defective product, the death may be a wrongful death.
• Drownings – Sadly, Florida has more drowning deaths than any other state in the nation, with young children being the most at risk for drowning. If a drowning occurs due to lack of adequate pool safety measures, the death could be a wrongful death.

Who Can File a Wrongful Death Claim in Florida?

Should You File a Wrongful Death Claim?

Pursuing a legal claim for wrongful death can seem like a lot of trouble after the death of a loved one. However, with the experienced Orlando wrongful death attorneys of Dennis Hernandez Injury Attorneys by your side, you will have the support and guidance you need to take legal action. They aim to ensure that the action is in your best interest.

According to the  Florida Wrongful Death Act, your loved one’s personal representative (usually the Executor of the estate) can initiate a wrongful death claim to recover damages (compensation). Both the estate and survivors may be entitled to recover damages. A surviving spouse has the first right to damages, followed by the children of the deceased. The parents can claim if no spouse or children exist. In addition, blood relatives and adoptive siblings who depended on the deceased for support or services may also qualify for compensation.

What Does a Florida Wrongful Death Claim Entail?

What Do You Have to Prove in a Wrongful Death Claim?

To hold up as a wrongful death claim, the claim has to meet the legal standards of proof for negligence. The specific standards vary with the type of negligent or wrongful act and the fatal injuries that occurred. However, in all cases, you have to be able to prove:

• The negligent party or parties had a legal duty to the deceased victim.
• The negligent party or parties failed to meet their legal duty.
• The negligent party or parties’ failure to meet their legal duty caused fatal injuries.

For example, doctors and other healthcare professionals have a legal duty to provide healthcare services that are of the same standard of quality. This standard is defined as what a reasonably prudent healthcare provider in the same field of medicine would provide. If a doctor does not provide the same quality of healthcare services a reasonably prudent healthcare professional of the same medical specialty would, then he could have failed to meet his legal duty. When a doctor fails to provide the same level of care that a reasonably prudent physician in the same specialty would offer, that negligence can directly lead to a patient’s fatal injury.

Similarly, a property owner and/or manager has a legal duty to maintain her property in reasonably safe conditions for people visiting the property. If a property owner or manager does not repair a structure she knows to be dangerous, she has failed in her duty. Additionally, if she does not adequately warn people visiting her property of the danger, she could have failed to meet her legal duty. When dangerous conditions on a property cause fatal injuries, the negligence of the property owner or manager may directly contribute to the death.

Manufacturers have a legal duty to ensure their products are safe when used as intended. When they fail to meet that duty and a defective product fatally injures a consumer using it correctly, their negligence can directly cause those fatal injuries.

What Damages Are Recoverable with a Florida Wrongful Death Lawsuit?

Who Can Receive Compensation?

In Florida, both the deceased’s estate and the surviving family members may be eligible to recover damages through a wrongful death lawsuit. The court grants damages to the estate to cover losses related to the injury and death. The estate then distributes those funds to the beneficiaries or legal heirs.

Compensation Payable to the Deceased’s Estate

These are damages that reflect the financial impact directly connected to the decedent, such as:

• Lost wages and future earnings – The income the deceased could have reasonably earned if they had survived.
• Medical and funeral expenses – These are costs paid directly by the estate. If the deceased received treatment before passing, these expenses could be substantial, including hospital stays, surgeries, and rehabilitation.
• Pain and anguish – If the deceased experienced physical pain or emotional suffering before death, the court may award compensation for that distress.

Compensation Available to Surviving Family Members

Survivors may also pursue separate damages for the emotional and financial impact of their loved one’s loss. These may include:

• Loss of companionship, support, and guidance – Financial compensation can never replace a loved one, but it can help ease the burden of losing their emotional and practical support.
• Mental and emotional suffering – Spouses and minor children may receive compensation for emotional pain, and parents may also be eligible if the victim was a minor child.
• Loss of services – Compensation may cover services the deceased provided to the household or family. These include:

Examples of Lost Services Eligible for Compensation

• Housework – If the deceased handled cooking, cleaning, or general upkeep, survivors may need to hire help, which adds financial burden.
• Home maintenance – Tasks such as yard work, repairs, or seasonal maintenance may now require paid assistance.
• Childcare – When the deceased cared for children at home, survivors may face new childcare expenses.
• Elder care – If the deceased was providing care for an aging parent or relative, the cost of professional care may now fall on the family.

How Is the Total Compensation Calculated?

Determining the full value of a wrongful death claim can be complex. Many losses—especially emotional and service-related—don’t come with a set monetary value. An experienced wrongful death attorney can review your case and assess the full extent of your damages. They will also guide you in understanding the compensation you can rightfully pursue.

Help from Experienced Orlando Wrongful Death Attorneys

Where Can You Get the Help You Need with a Wrongful Death Claim?

If someone else’s negligent or wrongful actions caused your loved one’s death, the experienced wrongful death attorneys at Dennis Hernandez Injury Attorneys are here to help. We’ll listen to your story and stand by your side. We know how overwhelming life can feel after such a loss. That’s why we guide you through the financial and legal challenges you may face.

We fight to achieve justice and secure full, fair compensation for your pain, suffering, and losses. As part of that commitment, we will:

• Ensuring that evidence to prove negligence is gathered, examined and presented in a timely manner.
• Negotiating assertively with insurance company representatives and defense attorneys on your behalf.
• Preparing a powerful case proving wrongful death and your right to fair compensation for the financial and emotional impact of your loved one’s death.
• Using our extensive successful trial experience and skill to fight for the compensation you deserve.
• Providing personal attention and open communication to support you throughout the entire legal process.
• Not backing down in the fight for justice.

Many personal injury lawyers try to settle quickly out of court to avoid going to trial, but not us. We will not back down!

Bear in mind that there is a two-year statute of limitations for filing a wrongful death lawsuit. You must file within two years of the death or you waive the right to hold the negligent party accountable. Timeliness is crucial to recover damages.

Call our Orlando office today at 407.680.0000 or fill in the FREE CASE EVALUATION form on our website to get started on your case.