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Orlando Wrongful Death Lawyer

The unexpected death of a loved one can be a traumatic and distressing experience for everyone involved. It can be even more difficult to overcome such a loss when the cause of death of your lost loved one was preventable.

Learning that your close family member passed away is devastating for many reasons. First, you will grieve the loss of the love and companionship of your loved one. You can also lose significant financial support or face costly bills.

The law allows certain family members to recover compensation when someone else is to blame for their loved one’s tragic death. You need legal assistance from the start of the process to protect your family’s rights and financial future. The law firm of Michael T. Gibson, P.A., Auto Justice Attorney is ready to help you.

We take on wrongful death claims and represent families going through a difficult time.

Some examples of our case results include:

  • $3,200,000 for a fatal car crash
  • $2,250,000 for a fatal truck accident
  • $1,970,000 for a fatal truck accident
  • $1,475,000 for a fatal truck accident
  • $1,100,000 for a fatal car crash
  • $975,000 for a death due to negligent security
  • $600,000 for a fatal truck accident
  • $300,000 for a fatal electric accident

Every case is different, and we can assess how much your family deserves during a free case evaluation. Reach out today and allow our compassionate Orlando wrongful death attorneys to begin helping you.

Orlando Wrongful Death Guide

Common Fatal Incidents

According to the Centers for Disease Control and Prevention, the leading causes of death for many age groups in the U.S. are unintentional and preventable injuries. They can happen in many ways. A wrongful death must result from another person or party’s negligence or intentionally wrongful act.

Some common causes of fatal injuries that might lead to wrongful death claims in Orlando include:

  • Truck accidents on I-4
  • Auto accidents on Florida 408 or Florida Turnpike
  • Pedestrian accidents at dangerous intersections like Sand Lake Road and John Young Parkway
  • Bicycle and motorcycle accidents
  • Falls in Publix or down flights of stairs
  • Assaults at theme parks or hotels
  • Drowning at water parks or pools
  • Product-related accidents
  • Medical errors at Orlando Health Orlando Regional Medical Center

Our legal team is highly familiar with these common kinds of wrongful death cases and how to best handle them. The loved ones of the deceased may be entitled to recover financially for losses they sustained. Such losses or damages may include the lost companionship from your deceased loved one, funeral costs, and loss of financial support from your loved one. Money can never bring anyone back to you, but it can help provide support as you move forward.

If your loved one died due to the negligent actions of another and you are an entitled survivor or beneficiary, then you should seek help from a wrongful death Florida attorney. Contact Michael T. Gibson, P.A., Auto Justice Attorney, today.

Practice Areas

Who May Recover Compensation?

Preeminent 2021 - Martindale-HubbellFollowing a wrongful death, certain categories of people, such as the immediate family members of the deceased, may have the right to sue the person responsible for the death. Under Florida law, the deceased’s children, spouse, parents, or other dependents are the ones who might file a claim.

If you have lost a loved one due to the negligence of another party and have suffered losses, you may be a potential beneficiary of a wrongful death claim. An attorney with practice area experience in wrongful death cases can advise whether you are eligible to file a case. Our team attorney is familiar with Florida law requirements and can identify if your relationship to the deceased gives you legal rights.

Damages You Might Seek

As the loved one of the deceased, you may be suffering losses that have painfully and significantly changed your life. A death causes you to lose the unique and irreplaceable love and support of your loved one. Such a loss is one kind of damage you can recover compensation for. You can also seek compensation for any financial losses you incurred. This helps to put you closer to the position you were in before the accident ever occurred.

Some examples of the kinds of losses or damages that a beneficiary may suffer may include:

  • Loss of consortium following the death of a loved one, such as the loss of companionship and loss of protection from the deceased family member
  • Minor children who lost their parent may recover lost guidance and companionship they no longer have from their deceased parent
  • Medical expenses paid for by the beneficiary for care the deceased received until they passed away
  • Funeral expenses covered by beneficiary
  • Loss of earnings of the deceased
  • Mental pain and suffering, including the emotional loss connected with losing your loved one

In the case of funeral and burial expenses, the cost can be thousands of dollars. A compassionate and zealous wrongful death attorney understands the emotional energy it takes to think about these costs when you are in the process of putting your loved one to rest.

Your Orlando wrongful death attorney from Michael T. Gibson, P.A., Auto Justice Attorney will take the lead on ensuring you properly account for all compensable losses and expenses.

Often, the loved ones left behind believe they are not entitled to compensation since they were not the party that suffered the injuries. However, just like the law allows accident survivors to seek justice, it also allows family members to seek justice on behalf of those who did not survive an accident.

Calculating Your Damages

Computing and calculating the fair and just compensation for your losses is highly complex and can involve working with various parties, such as insurers and claims adjusters. It can also involve the collection of documentation and evidence to support your claimed losses.

While this is a difficult task, you don’t have to calculate your losses alone! In fact, you should always leave it to your experienced wrongful death attorney to ensure the proper calculation of your losses.

Furthermore, your attorneys will use their intricate knowledge of the law’s damage exceptions or limitations for certain categories of beneficiaries. For example, some damages are only recoverable by minors, and adult children cannot seek losses such as parental guidance and companionship.

Your attorney will inquire into the precise date that your losses began and calculate the total value, including interest. Additionally, they will consider the future losses you may incur.

Many losses from wrongful death are intangible, making them difficult to put a value on. Our attorneys understand that these intangible losses are very real, and we know the legal standards for evaluating such losses.

Help from your Orlando personal injury attorney is critical to guide you through the damages calculation process to help you obtain the fair and just compensation you deserve. Let us begin protecting your family today.

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Documentation to Prove Your Claim

To maximize your opportunity to obtain just compensation, you will need to prove your injuries, damages, and losses. To best demonstrate your losses, your attorney will gather the proper documentation that tells the story of your pain and suffering and present it to the insurance companies.

Not all losses are financial, and many do not stem from a medical record or receipt. For example, you need to show the detrimental impact the loss of your loved one has negatively had on your life. You might show this through therapy documentation and similar records. Other examples of proof of pain and suffering may include personal statements from journal entries, testimony from close friends or family, and more.

The best way to prepare a comprehensive and thorough inventory of proof is to compile everything you believe may be relevant. An attorney can help you to prioritize the best evidence, sort out any documents you are uncertain about, and help you gain clarity on any questions you may have.

Get started by making a consultation appointment and bring the relevant documents to this first meeting with your attorney. Your attorney is skilled in reviewing such evidence.

Furthermore, one of the ways your attorney ensures you receive justice and fair compensation for your losses is to consider additional harms you may have suffered based on the facts of your case.

Having a professional with eyes on the matter can ensure that you have important information that you might not otherwise have. Instead of worrying about handling your claim properly, a trained and skilled wrongful death attorney can step in to build your case while you and your family heal from the loss.

The Value of Legal Assistance

If a loved one passed away due to the negligent wrongdoing of another, then you need compassion, legal support, and direction from an experienced Orlando wrongful death attorney. Having an attorney by your side is essential, as this portion of the legal process is complex. You never want to risk leaving money on the table that your family deserves.

Here are some of the specific ways that our wrongful death attorneys can provide you with legal support:

  • Developing a strong wrongful death case that effectively proves Florida’s wrongful death and negligence elements, including damages you have suffered and may continue to endure
  • Collecting and analyzing evidence that supports your case and effectively demonstrates your losses now and in the future
  • Reviewing documentation to calculate your losses, including damages that are not easily quantifiable
  • Ensuring you timely file a wrongful death claim and other applicable claims within Florida’s statute of limitations period
  • Arguing your case or negotiating on your behalf to ensure you obtain the maximum compensation that will make you whole

Some wrongful death cases resolve directly with insurance companies, and the court is never involved. However, if an insurance company does not cooperate and offer fair compensation, our attorneys will not hesitate to take your case to court. We are skilled litigators who fight for our clients by any means necessary.

Statute of Limitations

An experienced Florida wrongful death attorney will also consider the limited period that you have to file your wrongful death case, otherwise known as the statute of limitations. Under Florida law, a wrongful death cause of action must be filed within two years of when the cause of action accrues.

While this two-year period might seem straightforward, many factors can affect how much time you have to bring a case. It requires a skilled Florida attorney to assess the specific facts of your case and determine the deadline for your specific case.

When the deadline has passed, the case can be “time-barred,” and a court will likely dismiss your wrongful death lawsuit. An attorney can assess the legal options you have to find justice depending on how much time has passed since you lost your family member.

As a general rule of thumb, be sure to seek the legal guidance of a wrongful death Osceola attorney as soon as possible so that you can avoid any limitations and barriers to your opportunity to seek justice.

Reach out to an Experienced Orlando Wrongful Death Attorney Today

If you lose a loved one due to the negligence of another party, you likely feel a huge impact on your life. Protect yourself by seeking out experienced, efficient, and compassionate legal representation from Michael T. Gibson, P.A., Auto Justice Attorney.

Always set up a free consultation with our team sooner rather than later. While you and your family heal from your grief and loss, your attorney will work zealously on your behalf to help you through the complex legal process and ensure that the right party or parties are accountable for their wrongdoing.

During this distressing time, you and your family will receive peace of mind and the individualized attention your case deserves. Get your free consultation with Michael T. Gibson, P.A., Auto Justice Attorney, by using our online contact form or calling (407) 490-1271.

Client Testimonial

“Very professional law firm. Everybody I had contact with, especially Cyd Alvarado and Michael T Gibson were helpful and always ready for anything I needed about my case. Very happy with the results obtained.” -Jorge M. ⭐⭐⭐⭐⭐

Read more of our Google reviews.

Michael T. Gibson, P.A., Auto Justice Attorney
2420 S. Lakemont Avenue Suite 150
Orlando, FL 32814
Phone: 407-422-4529

Frequently Asked Questions
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Orlando Wrongful Death FAQ:

Some of the most tragic moments in a person’s life revolve around the loss of a loved one. It’s even more disheartening when that loss was sudden and could have been prevented. Many sudden losses are the fault of another person or company. When that happens, victims’ families face many questions and emotions. If you recently lost a loved one in an accident that wasn’t his or her fault, you are likely angry and upset but also grieving.

There is no question that this is a difficult time in your life. You must remember that you do not have to go through this alone. You have friends and family to support you and help you grieve. Also, if your loved one’s death was caused by the negligence, recklessness, or carelessness of another party, your Orlando wrongful death lawyer is also here to help.

The purpose of a wrongful death claim is to hold the at-fault party liable for your loved one’s death and shift the financial burden of that death from you to the at-fault party. You are grieving the loss of your loved one, and your life is forever changed. Because of that change, you may face financial hardship, and that is not your burden to bear. Rather, it is the person who forced you into this situation. When you (and your loved one) are not the one to blame for your loved one’s death, the law gives you the ability to collect damages from the person who is to blame. A wrongful death lawyer in Orlando can help you maximize your compensation.

When a person dies due to the negligence or recklessness of another party, that is a wrongful death. Over 30,000 people die each year in car accidents. These types of accidents are the most common cause of wrongful death, but they aren’t the only cause.

This includes:

No matter what caused your loved one’s death, you are suffering, and you might not be thinking about your legal options. However, you generally only have two years from the date of death of your loved one to bring a wrongful death claim. Two years might seem like a long time, but when you are suffering and dealing with your grief, two years can go by quickly.

As soon as possible after your loved one’s death, you need to speak with an Orlando wrongful death attorney. The right lawyer can help you recover damages from the at-fault party, which is the person or company that caused your loved one’s death. Not only do you deserve compensation and reimbursement, but your loved one deserves justice. Let us help.

Not everyone can file a wrongful death claim. You may suffer the loss of a good friend, but you cannot file a wrongful death claim in that instance.

Generally, the people eligible to file a wrongful death claim include:

  • Child
  • Spouse
  • Parents

You must also prove your relationship to the deceased beyond just proving the elements of the wrongful death claim. This is not a simple or easy process. In fact, wrongful death claims, regardless of the type of accident that caused the death, can be extremely complex and time-consuming. Working with a trusted wrongful death lawyer in Orlando can help you feel at ease that your case is being handled competently.

The type and amount of compensation that you ultimately receive in a Florida wrongful death claim will vary. This amount depends on many factors surrounding the death of your loved one.

Damages may include:

  • Final medical expense reimbursement
  • Funeral cost reimbursement
  • Lost Wages
  • Loss of benefits
  • Loss of financial support
  • Lost inheritance
  • Your pain and suffering

Take into account your own suffering through all of this. While you should seek reimbursement for the expenses that you’ve already incurred, you should also make sure to include future and emotional costs in your claim. Do not discount your own suffering.

Probably not, at least not for a trial. Very few civil lawsuits ever make it to trial, but that doesn’t mean that you don’t need a lawyer, or that your case won’t end up before a judge and jury. You should remain prepared for everything, and working with a lawyer who has the skills and the resources to take your case to trial is important.

At a minimum, you might have to attend a hearing in court to discuss the wrongful death claim. However, we will guide you and do all of the talking in court. We work hard to settle your case out of court, as settling out of court is usually better for you anyway.

Speaking of settling, it has benefits. When you settle, it generally means your wrongful death claim moves faster and concludes sooner. We know you want to put this tragic moment in your life behind you as quickly as possible. That’s why we work hard to make sure the settlement is right for you. Because not all settlements are fair, and sometimes the settlement might even be bad for you, we always advise clients before they accept any settlement. A wrongful death settlement offer will come from the insurance company of the person or company who caused your loved one’s death. Insurance companies do not align their interests with yours. They want to settle your claim for as little as possible, and that’s why they will likely offer you a quick, low-ball settlement. They hope you take it because they know that you are grieving and that you want nothing more than to put this behind you and move on with your life.

When you do accept a low-ball settlement offer, it might include a clause that prohibits you from bringing any future claim against the insurance company for your loved one’s death. This could mean you end up paying out of pocket for funeral expenses or medical expenses. Accordingly, we urge you to contact us before accepting any settlement in your wrongful death claim. We can help you calculate the full value of your claim and what you not only need to cover your expenses and losses but also what you should seek for your emotional pain and suffering.

Generally, no. Proceeds from a wrongful death settlement or verdict are not taxable. However, in some cases, punitive damages are taxable. However, this should not prohibit you from moving forward with your wrongful death claim.

Collecting damages from the person who caused your loved one’s untimely death is your right under Florida law. Let us help you exercise that right by guiding you through the complex wrongful death claims process. We know this is not a road that you necessarily want to go down, but we have helped many clients like you, and we know the end result can help you heal.

To prove someone died at the hands of another party, there are certain elements that you must establish. First, you must prove that the at-fault party owed your loved one a duty of care. For example, if your loved one died during surgery, the doctor and other medical personnel owed your loved one a duty of care to provide reasonable medical treatment.

Next, you must show that the at-fault party breached the duty of care by acting in a negligent, reckless, or careless manner that resulted in your loved one’s death. This allows you to prove that your loved one’s death was wrongful, and that these other parties are responsible for your loss.

This sounds simple, but we promise you that it is not. It is extremely complex and difficult to prove, even in seemingly simple situations. Besides that, your emotions are likely running high, and it might be challenging for you to make sound decisions without some experienced guidance. This is why working with a compassionate and aggressive Orlando wrongful death lawyer gives you the best of both worlds.

After the loss of a loved one, you are not thinking about a legal claim or what questions to ask a potential wrongful death lawyer. You should choose your lawyer carefully, as he or she can impact the outcome of your case. Making a selection on the right Orlando personal injury lawyer for you requires diligence.

When you meet with an attorney, you should ask them several questions, including:

  • What experience do you have handling similar wrongful death cases?
  • Do you have regular experts with whom you work in wrongful death cases?
  • How many cases like this do you settle without a trial?
  • What is your fee structure?

Most importantly, you want to feel comfortable with your lawyer. This is a person who will be handling a very important and personal matter to you. It’s important that you feel comfortable with and trust your chosen attorney.

When lawyers work in wrongful death cases, they develop knowledge and skills over time. You want a lawyer with this knowledge so that you can benefit from these developed skills. One of the most important aspects of a wrongful death claim is deadlines. There are many deadlines and filing timelines that you must meet to keep your case moving forward. If you miss a deadline, the court may dismiss your case. This action could prevent you from collecting compensation to which you are entitled.

Your lawyer also knows the value of your claim, and he or she can help you understand it, too. You may remember the bills that you paid for your loved one’s death, but there are many more calculations needed to fully understand the value of your wrongful death claim.

All wrongful death claims have inherent complexities. The complex nature of these claims means that they can become extremely time-consuming. Ensuring that you have a valid claim and that you are providing the correct evidence, all while ensuring deadlines are met, requires the keen eye of an experienced Orlando wrongful death lawyer. With the wrong lawyer, mistakes may cost you dearly in the form of lost time and lost money. However, with the right lawyer at your side, aggressively working to protect your rights while being understanding and compassionate of the situation you are in, can help to maximize your compensation and help you move on with your life.

After a traumatic death of your loved one, it’s understandable to have concerns and questions about what comes next. That’s why your first step is to contact an Orlando wrongful death lawyer. Your lawyer will guide you through the process, helping you and supporting you along the way. We know this is an extremely challenging time in your life and we want to help you get through it and come out better on the other side. Working with us can give you the peace of mind you need so that you can focus on grieving with your family.