When a Loved One Dies Because of Someone Else’s Wrongful Conduct
Losing someone you love can change every part of your life. When that loss was caused by another person’s negligence, wrongful act, or misconduct, your family may also be left facing medical bills, funeral expenses, lost income, and an uncertain future.
No legal claim can undo the loss of a loved one. A wrongful death claim can, however, hold the responsible party accountable and help provide financial support for the losses your family has suffered.
At Diez-Arguelles & Tejedor, our Orlando wrongful death attorneys represent families throughout Florida when someone’s death was caused by the negligence or wrongful conduct of another. We understand the seriousness of these cases and the responsibility that comes with representing a family after a devastating loss.
If your family has lost a loved one because of someone else’s actions, we are here to help you understand your legal options.
Call (407) 705-2880 to learn how we can help.
A Death Caused by Negligence Can Leave a Family With More Than Grief
After an unexpected death, families are often left with difficult questions they never imagined having to ask. They may wonder what happened, who was responsible, and whether their loved one’s death could have been prevented. They may struggle to understand why this happened while also facing uncertainty about what the loss means for their family’s future.
These questions can become even more difficult when an insurance company, business, medical provider, or another potentially responsible party disputes what happened or attempts to minimize the family’s losses.
A wrongful death case is about more than determining whether money can be recovered. It involves carefully investigating what happened, identifying the parties who may be responsible, understanding the losses suffered by surviving family members, and pursuing the compensation available under Florida law.
Our attorneys can handle the legal process while your family focuses on grieving, healing, and moving forward.
What Is Wrongful Death Under Florida Law?
Florida's Wrongful Death Act provides a legal cause of action when a person's death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another, when the circumstances would have allowed the deceased person to bring a claim had they survived.
A wrongful death claim is not limited to one particular type of accident or injury. Depending on the circumstances, a wrongful death case may arise from a motor vehicle collision, commercial truck accident, medical negligence, dangerous or defective product, negligent security, premises liability, or another form of wrongful conduct.
These cases can be complicated because Florida law determines who may recover damages, what types of losses may be claimed, and how those damages are evaluated.
Who Can Bring a Wrongful Death Claim in Florida?
Under Florida law, the wrongful death action is brought by the decedent's personal representative. The personal representative brings the claim for the benefit of the survivors and the estate.
Florida law defines "survivors" to include:
- A surviving spouse
- Children
- Parents
- Certain blood relatives and adoptive brothers and sisters who were partly or wholly dependent on the deceased for support or services
The law also contains specific rules concerning children, including defining minor children for purposes of the Wrongful Death Act as children under 25.
Not every family member or heir automatically has an individual right to recover damages. The particular relationships involved, whether a survivor was dependent on the deceased, and the circumstances of the death can all affect what damages may be available.
Because these rules can be complicated, it is important to have an attorney review your family's circumstances before assuming that you do or do not have a claim.
What Damages Can Be Recovered in a Florida Wrongful Death Case?
The losses caused by a wrongful death can extend far beyond the immediate expenses associated with the death.
Florida law allows different types of damages depending on the relationship between the survivor and the deceased and the circumstances of the case.
Potential damages may include:
Lost Support and Services
Survivors may be entitled to compensation for the loss of financial support and services the deceased provided.
Support can include more than a paycheck. Florida law recognizes contributions in kind, and services may include household tasks and other services regularly performed for the benefit of survivors.
Loss of Companionship and Protection
A surviving spouse may be entitled to damages for the loss of the deceased person's companionship and protection, as well as mental pain and suffering resulting from the death.
Loss of Parental Companionship, Instruction, and Guidance
Certain children may be entitled to compensation for the loss of their parent's companionship, instruction, and guidance, along with mental pain and suffering.
Florida law has specific rules governing these damages, including distinctions based on whether there is a surviving spouse and the age of the child.
Mental Pain and Suffering
Depending on the relationship between the survivor and the deceased, Florida law may allow recovery for mental pain and suffering resulting from the death.
The availability of these damages can depend on the survivor's relationship to the deceased and other circumstances of the case.
Medical and Funeral Expenses
A survivor who has paid medical or funeral expenses related to the injury or death may be able to recover those expenses. Certain medical or funeral expenses may also be recoverable by the decedent's estate.
Lost Earnings and Prospective Net Accumulations
The estate may be entitled to recover certain lost earnings between the date of injury and death, as well as prospective net accumulations that reasonably would have been expected had the deceased lived their normal life expectancy.
These calculations can involve employment history, income, taxes, personal expenses, life expectancy, expected savings, and other financial factors.
Every wrongful death case is different. The damages available to one family may not be available to another.
Common Causes of Wrongful Death
Wrongful death can result from many different forms of negligence or misconduct.
Our attorneys handle wrongful death cases involving matters such as:
Motor Vehicle Accidents
A negligent, distracted, impaired, or otherwise unsafe driver can cause a crash that results in fatal injuries. Depending on the circumstances, a wrongful death claim may be available against the responsible driver or other potentially liable parties.
Truck and Tractor-Trailer Accidents
Commercial trucking crashes can involve multiple potentially responsible parties, including drivers, trucking companies, owners, maintenance providers, and other entities. Investigating these cases quickly can be critical because important evidence may need to be preserved.
Medical Malpractice
A preventable medical error, failure to diagnose, failure to treat, surgical error, medication error, or other form of medical negligence may result in a wrongful death claim.
Medical negligence cases are subject to specific legal requirements and deadlines, making early investigation particularly important.
Dangerous or Defective Products
A defective product or dangerous drug can cause catastrophic injuries or death. Product liability cases may involve manufacturers, distributors, retailers, or other parties depending on how the product was designed, manufactured, marketed, or sold.
Negligent Security
In certain circumstances, property owners or other parties may be held responsible when inadequate security contributes to a fatal criminal attack.
Premises Liability
Dangerous conditions on residential, commercial, or other properties can sometimes result in fatal injuries. Determining liability may require an investigation into the property, the condition that caused the death, prior incidents, warnings, maintenance, and other evidence.
Other Wrongful Acts or Negligence
Wrongful death claims are not limited to these situations. The facts of each case determine whether another person's wrongful act or negligence gives rise to a claim under Florida law.
Why a Wrongful Death Investigation Matters
Important evidence can disappear quickly after a fatal accident.
Vehicles may be repaired or destroyed. Surveillance footage may be overwritten. Electronic records can change. Witnesses' memories can fade. Companies may have internal records that need to be preserved.
A thorough investigation may involve:
- Accident reports and other official records
- Photographs and video
- Surveillance footage
- Electronic data
- Vehicle and maintenance records
- Employment and training records
- Medical records
- Expert analysis
- Witness interviews
- Insurance information
- Financial and employment records
- Evidence concerning the circumstances that led to the death
The goal is to establish what happened, determine who may be legally responsible, and develop the evidence necessary to pursue the family's claim.
Florida Wrongful Death Claims Have Important Deadlines
Florida generally provides a two-year statute of limitations for wrongful death actions. However, the deadline that applies to a particular case can depend on the circumstances.
Additional rules may apply to claims involving medical negligence, governmental entities, intentional conduct, or other specific circumstances. For example, claims against governmental entities can involve separate notice requirements, while Florida law provides a specific exception for certain intentional-tort wrongful death claims involving murder or manslaughter.
Because missing a legal deadline can prevent a family from pursuing a claim, it is important to speak with an attorney as soon as possible after a wrongful death.
Do not assume that you have two years to wait before taking action.
Evidence should be preserved and the circumstances of the death should be investigated as early as possible.
How We Help Families Pursue a Wrongful Death Claim
At Diez-Arguelles & Tejedor, we understand that families need more than a lawyer who simply files paperwork.
Wrongful death cases can require extensive investigation, legal analysis, expert testimony, and financial evaluation. Our attorneys work to understand not only how your loved one died, but also how that loss has affected the people who depended on them.
We may:
Investigate the circumstances surrounding the death.
We work to determine what happened and identify the people, companies, or other parties who may be responsible.
Preserve important evidence.
Early action can help protect evidence that may become unavailable as time passes.
Identify all potentially responsible parties.
A wrongful death case may involve more than one responsible party. We examine the facts to determine who may be legally accountable.
Evaluate your family's losses.
We work to understand the financial and personal losses experienced by the survivors and the estate.
Work with qualified experts when necessary.
Complex wrongful death cases may require accident reconstruction, medical experts, economists, life-care professionals, or other specialists.
Handle insurance companies and opposing parties.
Our attorneys can deal directly with the parties and insurers involved in the claim so your family does not have to navigate those conversations alone.
Prepare the case for litigation.
When a fair resolution cannot be reached, our firm has the experience and resources necessary to pursue the case in court.
Experience Matters When the Stakes Are This High
Wrongful death litigation can involve substantial financial losses, complex legal issues, multiple defendants, and significant opposition from insurance companies and defense attorneys.
Diez-Arguelles & Tejedor has represented injured individuals and families throughout Florida for more than 35 years. Our attorneys have experience handling complex personal injury, medical malpractice, and wrongful death litigation.
Our firm's results include significant recoveries in wrongful death cases, including:
Birth Injury & Wrongful Death
Wrongful Death
Wrongful Death
Auto Accident / Wrongful Death
Wrongful Death
Wrongful Death
Drunk Driver / Wrongful Death
Product Liability / Wrongful Death
Wrongful Death
Trucking Accident / Wrongful Death
Product Liability / Wrongful Death
Auto Accident / Wrongful Death
Trucking Accident / Wrongful Death
Past results do not guarantee a similar outcome. Every case is different and must be evaluated based on its individual facts and circumstances.
You Do Not Have to Navigate This Alone
After the death of a loved one, the legal process can feel overwhelming. You may be dealing with funeral arrangements, financial uncertainty, insurance companies, medical records, and countless questions about what happened.
You do not have to figure everything out on your own.
The attorneys at Diez-Arguelles & Tejedor can review the circumstances surrounding your loved one's death, explain your legal options, and help determine whether a wrongful death claim may be appropriate.
If someone you love died because of another person's negligence or wrongful conduct, contact our Orlando wrongful death attorneys today.
Call 407-705-2880
Frequently Asked Questions About Wrongful Death in Florida
A wrongful death claim may arise when a person's death is caused by another person's wrongful act, negligence, default, or certain breaches of contract or warranty, and the circumstances would have allowed the deceased person to bring a claim had they survived.
The specific facts must be evaluated to determine whether the legal requirements for a wrongful death claim are met.
Serving injured individuals and families throughout Orlando and across Florida. Call Diez-Arguelles & Tejedor at 1-888-888-3773 to discuss your legal options in a free consultation.
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