Wrongful Death Attorney in Orlando
We offers compassionate representation in wrongful death litigation.
Long after a fatal accident or incident, families feel the loss of a loved
one who died because of the negligence or acts of others. MacDonald Law
understands the loss to the survivors and offers compassionate representation
in wrongful death litigation.
What is Wrongful Death?
A wrongful death occurs when the negligent, reckless, or careless actions
of another causes the untimely death of another person. The law allows
for immediate family members to seek justice for wrongful death victim
by means of civil litigation, regardless if the at fault party is arrested,
charged, tried, convicted, or acquitted in criminal court. The burden
of proof regarding culpability and liability in civil litigation cases
differs in civil litigation, which is less of a burden of proof from that
of a criminal trial.
What the Court Generally Considers in Wrongful Death Cases?
Wrongful death civil litigation liability claims may be resolved through
mediation, a trial by judge, or a trial by jury. For the purposes of the
information provided below, the "court" or "jury"
will be referred to as the "court."
When culpability and liability is established the court will follow the
guidelines provided below:
Each survivor may recover the value of lost support and services from the
date of the decedent's injury to her or his death, with interest,
and future loss of support and services from the date of death and reduced
to present value. In evaluating loss of support and services, the survivor's
relationship to the decedent, the amount of the decedent's probable
net income available for distribution to the particular survivor, and
the replacement value of the decedent's services to the survivor may
be considered. In computing the duration of future losses, the joint life
expectancies of the survivor and the decedent and the period of minority,
in the case of healthy minor children, may be considered.
The surviving spouse may also recover for loss of the decedent's companionship
and protection and for mental pain and suffering from the date of injury.
Minor children of the decedent, and all children of the decedent if there
is no surviving spouse, may also recover for lost parental companionship,
instruction, and guidance and for mental pain and suffering from the date
of injury. For the purposes of this subsection, if both spouses die within
30 days of one another as a result of the same wrongful act or series
of acts arising out of the same incident, each spouse is considered to
have been predeceased by the other.
Each parent of a deceased minor child may also recover for mental pain
and suffering from the date of injury. Each parent of an adult child may
also recover for mental pain and suffering if there are no other survivors.
Medical or funeral expenses due to the decedent's injury or death may
be recovered by a survivor who has paid them.
The decedent's personal representative may recover for the decedent's
estate the following:
Loss of earnings of the deceased from the date of injury to the date of
death, less lost support of survivors excluding contributions in kind,
with interest. Loss of the prospective net accumulations of an estate,
which might reasonably have been expected but for the wrongful death,
reduced to present money value, may also be recovered:
If the decedent's survivors include a surviving spouse or lineal descendants; or
If the decedent is not a minor child as defined in s. 768.18(2), there
are no lost support and services recoverable under subsection (1), and
there is a surviving parent.
Medical or funeral expenses due to the decedent's injury or death that
have become a charge against her or his estate or that were paid by or
on behalf of decedent, excluding amounts recoverable under subsection (5).
Evidence of remarriage of the decedent's spouse is admissible.
All awards for the decedent's estate are subject to the claims of creditors
who have complied with the requirements of probate law concerning claims.
The damages specified in subsection (3) shall not be recoverable by adult
children and the damages specified in subsection (4) shall not be recoverable
by parents of an adult child with respect to claims for medical negligence
as defined by s. 766.106(1).
What is your Wrongful Death Attorney's Role in your Case?
Your attorney will first listen to your story. After assessing the information
your attorney will;
Inform you of how the law applies to your specific wrongful death liability claim.
Informed you of what the most feasible course of action may be to seek
fair compensation and/or damages;
Gather, investigate, and analyze all evidence, witness statements, police
reports, medical reports, and other relevant information that may directly
impact your wrongful death liability claim;
Consult with you regarding the demand that will be sent on your behalf
to the opposing counsel;
Enter into negotiations and/or mediation on your behalf with the opposing counsel.
If a resolution cannot be reached through negotiations or mediation the
case will proceed to trial, so depositions of the parties involved must
be conducted, including that of witnesses.
At trial your attorney will aggressively seek justice on your behalf using
every legal resource available by law.
If your loved one has been the victim of a wrongful death, make sure their
voice is heard and your legal rights are protected, and that you are fully
aware of your legal options in seeking justice for the untimely loss of
your loved one.
Contact MacDonald Law today by calling 407-694-9290, or by using the
online submission form.