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Orlando Wrongful Death Attorney
Wrongful Death Claims
Accidents are the third leading cause of death in the United States and more than 160,000 people die from unintentional injuries each year. These injuries can happen in traffic accidents, at work, or even as a result of medical malpractice. Sadly, the majority of these fatal injuries could have been prevented.
When you lose a loved one because someone else failed to take the appropriate care, your loss can be that much more difficult. While there is nothing we can do to bring your loved one back, Maaswinkel Law, P.A. can help you seek closure and justice by holding negligent parties responsible for their actions.
Common Causes of Wrongful Death Actions
Wrongful death claims can be inspired by several types of accidents and even intentional actions. Sometimes, criminal courts do not convict murderers, but civil courts find them liable for wrongful death. Other times, a criminal will be both convicted for murder and found liable for wrongful death.
Outside of intentional torts, common causes of accidental death include:
- Workplace accidents (especially at construction sites)
- Car accidents
- Truck accidents
- Motorcycle accidents
- Fatal dog attacks
- Slips, trips, and falls (especially for people over 65)
- Instances of medical malpractice
- Defective products
- Unsafe premises
- Nursing home neglect and abuse
Who Can File for Wrongful Death?
Losing a close friend or romantic partner can be difficult, but unless you were married to your loved one or related to them by blood or law, the state of Florida will not allow you to recover damages from a wrongful death lawsuit. Additionally, the personal representative of the deceased person’s estate must file on the family’s behalf.
In Florida, the family members who can benefit from a wrongful death lawsuit are:
- The decedent’s spouse
- Their surviving children
- Their parents
Aside from these parties, any blood relative or adoptive sibling who is “partly or wholly dependent on the decedent for support or services” may also be entitled to damages. Still, the deceased individual’s claim must be handled by their personal representative.
If you have questions about the law, you can always count on Maaswinkel Law, P.A. for the answers and legal advice you need.
How Long Do I Have to File?
After a devastating personal loss, filing a lawsuit may be the last thing on your mind. Nevertheless, you will need to file within 2 years of your loved one’s death in order to protect your right to legal action. If you fail to meet Florida’s statute of limitations (or filing deadline), you will lose your ability to pursue damages altogether. Technically, you can still file after this deadline expires, but the defendant can quickly have your case dismissed.
Unlike most deadlines, the statute of limitations for wrongful death actions does not include any exceptions. The sooner you begin building your case, the stronger your wrongful death claim will be.
What Damages Can I Recover?
Like any other personal injury claim, wrongful death suits allow you to recover compensatory damages. In a wrongful death case, compensatory damages cover:
- Premortem medical bills
- Funeral costs
- Burial expenses
- Lost earning potential
- Loss of inheritance
- Loss of consortium
- Loss of guidance and support
- Pain and suffering
Punitive damages often apply to wrongful death cases, as well. Also called exemplary damages, these damages are designed to punish the wrongdoer and make an example of them, so people do not behave similarly in the future. They can also help you secure your future and provide you with additional financial comfort.
Purse Full Compensation with Maaswinkel Law, P.A.
Our firm understands how important it is to protect your interests after suffering the loss of a loved one. You need time to grieve and resources to mitigate the financial impact of your loss. You also need a legal team that understands what you are going through.
At Maaswinkel Law, P.A., we have been handling wrongful death claims since 1997, and we truly care about the clients we help. We offer personalized representation and dedicate ourselves fully to your interests. While we always treat you with kindness and compassion, we are not afraid of tough negotiations and will never let opposing counsel take advantage of you.
For lawyers who show up for you, look no further than Attorney Gregory C. Maaswinkel and the rest of our Orlando firm.
What Sets Us Apart
43-year-old female client rear-ended by a landscaper pick-up truck in Orlando, Florida. She underwent neck surgery and suffered a mild traumatic brain injury. The insurance company denied that the truck accident caused a brain injury.
Workers’ Compensation Injury
A 55-year-old male client injured on the job when a tractor-trailer rear-ended his work vehicle in Brevard County, Florida. As a result of the accident, he injured his left shoulder rotator cuff and underwent a lower back lumbar fusion paid for by workers’ compensation. His wife recovered compensation for loss of consortium (the damage to their marital relationship).
A 40-year-old female client was involved in a rear-end car accident in Polk County, Florida. As a result of the accident, she suffered injuries to her neck and back. The at-fault driver’s insurance company offered $9,000.00 to settle without a lawsuit. We refused to accept that offer and filed a lawsuit for our client. The insurance company hired a doctor who testified the accident was not the cause of her current pain but rather her pain was due to her age and weight.
Tractor Trailer Accident
A 10-year-old male client that was a passenger in an SUV when it was hit by a tractor-trailer. The truck driver was traveling at an unsafe speed for the weather conditions on a rural country road in Lake County, Florida. He sustained broken legs as a result of the truck accident. The insurance and trucking company wrongfully claimed our client was not seat belted in the SUV.
Truck Driver Injured at Work
Combined personal injury and workers compensation recovered for a 41-year-old male truck driver who was injured while on the job in Manatee County, Florida.
Construction Site Injury
This is a feature block that you can use to Combined personal injury and workers compensation recovered for a 44-year-old male construction worker injured on a construction site in Titusville, Florida when a subcontractor driving a truck negligently backed into our client, pinning his hand to a concrete structure.
We won a combined personal injury and underinsured motorist (UM) recovery for a 61-year-old female client who was driving a vehicle in Sanford, Florida when the defendant changed lanes and struck her in the passenger side.
Careless Driving Accident
We recovered $350,000 for a 42-year-old male client who was rear-ended by a careless driver in Sarasota, Florida.
Slip & Fall on the Job
We won a combined personal injury and workman compensation recovery for a 36-year-old male client who was injured on the job when he slipped and fell on ice cubes while delivering food supplies to the back kitchen of a restaurant in Jupiter, Florida.
Slip & Fall a Thrift Store
We recovered $295,000.00 for a 56-year-old female who slipped and fell on a handicap ramp at a thrift store in Orlando, Florida.