Why You Need an Orlando Wrongful Death Attorney
When you file a claim that another’s negligence caused the death of your loved one you are entering a serious legal situation. Wrongful death claims are not taken lightly in the Florida courts. These are serious accusations that can result in large settlements and can take months, even years to be resolved.
Not all wrongful death cases will go to trial, but my wrongful death law firm is prepared to go to court at any stage of the case. Many Orlando wrongful death lawyers don’t prepare their cases for trial because they try to avoid court at all costs. I’m an Orlando personal injury lawyer that doesn’t fear the courthouse – I am dedicated to doing what it takes to get my clients the settlement they deserve.
If your loved one was killed in an accident due to a defective or dangerous product you will most likely be filing a lawsuit against a manufacturer. Lawsuits that are filed against businesses often mean you’re going against professional legal teams who do nothing but minimize the financial impact these lawsuits can have on a company.
Your family deserves to have a skilled legal team of its own to advocate for your rights and those of your deceased family member. An Orlando personal injury lawyer can lead your legal team who will dedicate its resources to seeking justice when another party has caused your loved one’s death.
In cases in which the death was caused by medical negligence or involved a government entity such as a city employee you will also be dealing with a more complex case. Medical negligence may involve a lawsuit against an entire hospital in some cases. Deaths on public property or due to an accident with a government employee have different timeframes and requirements for filing claims.
These are all matters that your Orlando wrongful death attorney should be concerned with, not your family. After the unexpected loss of a loved one you should be able to dedicate all your time and energy into important family – not legal – matters.
At my wrongful death law firm, we don’t want you to have to deal with paperwork, correspondence with insurance companies, and unnecessary court actions. We want you to focus on healing from the loss of your loved one and working through the emotional times to come when dealing with funeral arrangements and life after a serious loss.
My goal and that of the team at the Law Offices of Michael T. Gibson, P.A., Auto Justice Attorney is to remove as much of the burden from your family as possible as we reach a fair settlement for your losses. We want families to have one less worry in their lives as they cope with the emotional losses, which is why we seek for the maximum damages in every case we handle.
When Personal Injury Turns into Wrongful Death
In some cases, a wrongful death lawsuit is necessary after a personal injury claim is already in progress. This may be the case if the victim is seriously injured and spends months receiving treatment, only to eventually pass away from their injuries.
These are still cases of wrongful death, even though they began as personal injury claims. My wrongful death law firm handles both personal injury and wrongful death cases because they are so closely related.
As an Orlando personal injury attorney, when I consult with families who have come to me with a case of serious injury to a family member, I prepare their case for every possible scenario, including a wrongful death lawsuit.
During my meetings with the family, I determine the family members who are necessary to involve in the case.
Only the personal representative of the deceased may file a wrongful death claim on his or her behalf. In cases of a married couple, the surviving spouse may act as this representative. In other cases, an Orlando personal injury attorney may serve as the representative, or the decedent’s adult child, sibling, or parent. Determining who is eligible to lead the wrongful death lawsuit is a matter I help facilitate as an Orlando wrongful death attorney.
Determining Beneficiaries and Compensation
in a Wrongful Death Lawsuit
Once the wrongful death lawsuit is in progress, the beneficiaries of the claim need to be identified. According to Florida laws, the following parties may be eligible to recover damages:
- the surviving spouse;
- minor children of the decedent;
- children of the decedent if there is no surviving spouse;
- parents of a deceased minor child; and
- parents of a deceased adult child if there are no other survivors.
In cases in which other family members are involved in the wrongful death situation, such as a sibling who helps pay for funeral costs out of pocket, they may also be entitled to some of the settlement funds.
Wrongful death settlements should provide financial compensation for all aspects of loss when a loved one is killed due to another’s negligence. It’s not just a matter of the loss of a household income or the medical bills associated with the fatal injuries. The loss of emotional support is a large factor in the settlement value of your case.
Insurance companies may not readily address the emotional losses a family suffers when a member is tragically killed. Spouses can file for loss of consortium, companionship, and familial support, children can be compensated for the loss of guardianship and parental guidance, and parents can be compensated for the emotional impact losing a child can have on their lives.
In my years as an Orlando personal injury lawyer I have yet to see two wrongful death cases that settled in the same manner. Every case is unique – from the cause of death to the family members entitled to recovery. These beneficiaries of wrongful death lawsuits deserve to know that their financial losses will be remedied.
While my wrongful death law firm cannot heal the emotional losses the beneficiaries suffer, we make it our priority to help ensure their financial losses are not a burden on them during this time. If you have lost a family member due to negligence in Orlando or elsewhere in Central Florida, you should contact my wrongful death law firm to get legal representation from an Orlando wrongful death attorney.