When dealing with a legal matter, think Pink.
Orlando Wrongful Death Attorney
We care about your family receiving justice after the loss of a loved one.
While all personal injury cases are serious and devastating, certainly none have as far-lasting, negative repercussions as a Florida wrongful death case. Examples of common wrongful death cases include car accidents, birth injuries, medical malpractice, and workplace accidents.
What Is Wrongful Death in Florida?
Under Florida's Wrongful Death Act, wrongful death is any death that is the result of a "wrongful act, negligence, default, or breach of contract or warranty." If you have lost a loved one as a result of another person's negligence, you can count on our attorneys at Legally Pink Law to fight for you.
WHAT YOU MIGHT BE ABLE TO RECOVER
Under Florida's Wrongful Death Act, you might be able to recover the following:
- Loss of decedent's companionship, and protection
- Loss of parental companionship, instruction, and guidance
- Loss of support and services
- Mental pain and suffering
- Medical or funeral expenses
- Punitive damages (if intentional, reckless, or grossly negligent actions were to blame)
Furthermore, the estate is sometimes eligible to recover the decedent's lost earnings, the decedent's medical and funeral expenses, and loss of net accumulations. In some cases, the wrongdoer is obvious. In other cases, multiple parties could be to blame. For example, if your loved one was killed on a property that should have had better security, you might be able to sue a business or the city as well.
CAN I SUE FOR EMOTIONAL DISTRESS?
If your loved one passed away in a wrongful way, you may be a victim of emotional distress. Oftentimes, emotional distress may show up in a person's life as a result of the trauma that they have gone through. If you believe that you are experiencing lasting emotional distress due to the wrongful death of your loved one, seek compensation right away.
HOW CAN I PROVE EMOTIONAL DISTRESS?
In order to have a firm case to stand on, you will need to provide proof of your emotional distress. It will be important to give an explanation of the ways in which your daily life is now suffering as a result of your emotional distress. You may need to explain difficulty working, driving, caring for others and functioning as a whole. Additionally, friends and/or family may need to testify on your behalf.
If you are the spouse, child, or parent of the decedent, you are eligible to file a wrongful death lawsuit. When you turn to Legally Pink Law for assistance, we can call upon expert consultants and witnesses—from medical professionals to private investigators—to testify.
We will do everything possible to prove the following:
- The defendant was negligent to the plaintiff (the person who died)
- The defendant caused a breach of duty
- The plaintiff's fatal injury or death was legally caused by the defendant's breach
- The plaintiff's survivors are entitled to damages as a result of the accident
We genuinely care about your family receiving justice after your loved one's untimely death and we have successfully handled thousands of cases and recovered millions of dollars worth of compensation on behalf of our clients.
You are entitled to compensation for the following:
- Past and future medical bills resulting from your injury
- Past and future lost income
- Pain and suffering. This classification of compensation refers to physical pain and emotional suffering. The compensation is based on how your injuries negatively impacted your ability to enjoy your hobbies and other “joys of life” like your job and your family. Usually, this is the largest financial component of a settlement or verdict.
- Injuries resulting in permanent scarring, impairments, and/or other limitations.
In the case of an automobile or motorcycle accident, if the person who is at fault for an accident does not have insurance, then we do three things. First, we run an asset check on the at-fault party to see if he or she has assets that we could possibly seize to cover your damages.
This requires us to file a lawsuit against the individual. Second, we look to see if the defendant's driver owns the vehicle. Sometimes the driver and owner are two different people.
While the driver might not have insurance, the owner may be insured, especially if the vehicle is financed. Third, we do a complete assessment of the client's insurance coverages to see if this individual has Uninsured/Underinsured Motorist coverage.
If that is the case, then we look to the client's insurance coverage to compensate this individual for his or her injuries and damages. This should not cause the client's insurance to go up since he or she is not at fault for the accident.
There are five things you should do immediately after an accident. These include the following steps:
- Call 911 and report the accident. Regardless of the extent of the property damage and how you feel after the collision, you must call 911 and report the accident. If you do not call 911, the insurance company will use this against you when we negotiate the value of your claim.
- Exchange information with all other drivers involved in the accident. Be sure to get the other driver's tag number, license number, and insurance company information. Even if you are waiting for the police to arrive, you still need to start gathering this information. There are unfortunately many situations in which the at-fault driver flees the scene of the accident.
- Investigate. Seek out witnesses and take photos. Even if the other person admits fault, his or her story may change once you file a claim. Witnesses will not wait for the police to arrive, so you need to get their contact information right away. Also, scene and property damage photos can be critical in proving how the accident happened and the forces exerted on your body.
- Seek medical attention. Whether it is at the accident scene or at the hospital, later on, it is essential that you seek medical attention as soon as possible so you fully understand the extent of your injuries. This will also help you ensure that your injuries are well-documented. The insurance company will use any delay in medical treatment against you.
- Do not discuss your injuries with the insurance company. Report the facts of the accident (what happened) to your insurance company, but do not discuss your injuries. Because adrenaline is flowing through your body, you may not immediately feel the full extent of your injuries. Statements such as "I'm not injured" or "I'm OK" can and will be used against you by the insurance company.
Yes, but it will be difficult to do on your own. Consult an attorney to help you determine your options, especially if there were injuries involved.
- Make sure your injuries are documented in medical records as soon as possible. The insurance company will deny your injury claim unless each injury is documented in hospital records on the date of the accident or within 24 hours of the injury.
- See your primary care physician as soon as possible. Your doctor will document your injuries and prescribe a course of treatment, and the doctor’s chart notes will help us prove the extent of your injuries.
- Contact a lawyer to help you prove fault (liability) and the extent of the injuries and harm that you experienced due to the accident. Lawyers should have the resources necessary to get the most value for your case. The sooner you contact a lawyer, the sooner you get to relax and heal while we do the work of getting the money you deserve.