Losing someone you love is one of the hardest things anyone can face. When that loss happens because of someone else’s actions or a wrongful act, the pain can feel even worse. Tony Caggiano Personal Injury Lawyer helps families who have recently lost a loved one due to negligence or wrongful harm.
We guide you through a wrongful death lawsuit or wrongful death claim while compassionately handling legal concerns. Our goal is to help you find justice, obtain wrongful death damages, and ease the financial burdens you face after your loved one’s passing.
What is Wrongful Death?
Wrongful death happens when a person dies because someone else was careless, reckless, or made a serious mistake. This kind of death could have been avoided if the other party had acted responsibly. Under Florida law, family members of the deceased person have the right to file a wrongful death claim and hold the responsible party accountable.
A wrongful death lawsuit can help families get the money they need for funeral costs, medical expenses, and the loss of financial and emotional support caused by their loved one’s death. The law recognizes that the death of a loved one has real and lasting impacts, not just emotionally but also financially.
Why Hire an Orlando Wrongful Death Lawyer?
An Orlando wrongful death lawyer knows the laws that apply to these types of cases and can help your family take the right steps. Handling legal matters after a loved one’s passing is difficult, and our team makes it easier by explaining your rights, collecting important documents, and working directly with insurance companies or defense attorneys.
Tony Caggiano Personal Injury Lawyer focuses on making sure your case is treated with care and urgency. We work to hold the at-fault parties accountable and seek the full compensation your family deserves. Our goal is to help ease the burden during this painful time by handling the legal work while you focus on healing.
Common Causes of Wrongful Death in Orlando
Many wrongful death cases in Orlando happen because someone was careless or failed to follow the rules. These deaths often occur in everyday situations like driving, working, or visiting a public place. When someone’s wrongful act or mistake leads to a loved one’s death, the family may have the right to file a wrongful death claim.
Car Accidents
A car accident can quickly turn deadly when a driver is speeding, distracted, or driving under the influence. In these cases, the responsible party may be held legally accountable for the death caused by their actions.
A wrongful death lawsuit can help families recover compensation for their loss, including lost wages, medical expenses, and funeral costs.
Medical Malpractice
Medical professionals are expected to provide safe care. When a doctor or nurse makes a serious mistake, like failing to diagnose a condition or giving the wrong treatment, it can lead to a fatal accident. These wrongful death cases can involve complex issues, but with the right legal team, families can seek justice for their loved one’s passing.
Slip & Fall Accidents
When property owners fail to fix dangerous conditions, a simple trip or fall can turn deadly. Slip and fall accidents become wrongful death cases if the injuries from the fall are severe enough to cause death, especially among the elderly or medically vulnerable.
Whether it’s a wet floor, uneven pavement, or poor lighting, the responsible party may be held liable. Orlando wrongful death attorneys can help families understand their rights and seek a fair settlement for the loss they’ve suffered.
Product Liability and Defective Products
When a defective product causes someone’s death, the company that made or sold it may be responsible. These wrongful death cases fall under product liability and often involve faulty car parts, unsafe appliances, or dangerous medications.
The deceased person’s estate can file a wrongful death lawsuit to hold the responsible party accountable. Families may be able to recover compensation for medical bills, lost future earnings, and emotional pain.
Criminal Acts (e.g., Homicide)
Not all wrongful deaths happen by accident. Some are caused by criminal acts like homicide, assault, or robbery. Even if there is a criminal case, the family can still file a wrongful death claim in civil court to seek justice. This allows surviving family members to ask for damages such as emotional pain, loss of support, and funeral costs.
An experienced Orlando wrongful death attorney can guide families through the legal process while pursuing a fair settlement.
Why You Need an Orlando Wrongful Death Lawyer
Losing someone you love is painful. It becomes even harder when the death was caused by someone else’s carelessness. Families often feel overwhelmed by legal steps, paperwork, and questions about what to do next.
That’s where an experienced Orlando wrongful death lawyer can help, by protecting your rights and helping you seek justice and fair compensation.
Understanding Florida’s Wrongful Death Statute
Florida law has clear rules about who can file a wrongful death lawsuit and what types of compensation may be available. These laws are called the Florida Wrongful Death Statute (specifically Florida Statutes § 768.16 – §768.26), and they can be hard to understand without legal help.
A skilled wrongful death attorney will explain what the law says, guide the personal representative of the deceased person’s estate, and make sure the family takes action within the time limits set by the state.
Protecting Your Legal Rights as a Surviving Family Member
After a loved one’s passing, you may not know where to begin. A trusted Orlando wrongful death attorney helps you understand your legal rights as a surviving family member. This includes the right to seek damages for lost income, emotional pain, and funeral costs.
Your wrongful death lawyer makes sure no one takes advantage of your grief or denies you the chance to recover compensation under Florida law.
Dealing with Insurance Companies After a Wrongful Death
Insurance companies often try to settle fast and for less than what families truly deserve. You shouldn’t have to deal with stressful calls or confusing paperwork during such a hard time. An experienced attorney can speak with the insurance companies, review their offers, and push for a fair settlement. With help from your legal team, you can focus on healing while they handle the process.
Holding Negligent Parties Accountable
Whether the death was caused by a car accident, medical malpractice, or a defective product, someone may be at fault. A skilled lawyer investigates what happened, finds the responsible party, and makes sure they answer for their actions. By filing a wrongful death claim, your family seeks justice, not just for your loss but also to prevent others from suffering in the same way.
How an Orlando Wrongful Death Lawyer Can Help
Losing someone in a sudden and unfair way is hard enough. Having the right legal support can make a big difference. An Orlando wrongful death lawyer can help your family understand your rights, gather strong evidence, and fight for the compensation you deserve.
From start to finish, your lawyer will focus on protecting your family’s future.
Investigating the Circumstances of the Death
A strong wrongful death case begins with a close look at how the death occurred. Your attorney will conduct a full investigation. They may review police reports, speak to witnesses, check camera footage, and go through medical records. The goal is to understand exactly what happened and why. Every detail matters, especially when trying to prove that someone else’s actions led to your loved one’s death.
Identifying Responsible Parties and Establishing Liability
When someone passes away due to someone else’s actions, it’s important to find out exactly who is responsible. An Orlando wrongful death lawyer will carefully review the details to identify every responsible party involved, whether it’s a driver, a property owner, an employer, or even a product manufacturer.
Once those parties are known, your lawyer will work to prove their legal responsibility by showing how their actions (or failure to act) directly caused your loved one’s death.
Pursuing Compensation for Emotional and Financial Loss
Losing a loved one leaves both emotional and financial pain. Your family may face medical expenses, funeral costs, lost wages, and the loss of financial support that your loved one would have provided. An experienced attorney helps you pursue compensation for these losses.
This also includes the emotional impact, like loss of companionship and the pain of the loved one’s passing, which the law does recognize in wrongful death cases.
Representing You in Court and Negotiating a Settlement
Most wrongful death lawsuits end in a settlement, but if needed, your lawyer will take the case to court. Whether negotiating with insurance companies or standing before a judge and jury, your attorney’s job is to protect your best interests and fight for a fair result.
With a clear plan and strong facts, your legal team will guide your family through the entire process, working to reach the best possible outcome while you focus on healing.
Who Can File a Wrongful Death Claim in Florida?
Under Florida law, not just anyone can file a wrongful death claim. The law clearly states who is allowed to bring a case on behalf of the deceased. Here are the people who can file, along with a short explanation of each:
- Personal Representative: This is the person officially named in the deceased person’s will or estate. They file the claim on behalf of all surviving family members and the estate.
- Surviving Spouse: The husband or wife of the deceased has the right to seek damages, including loss of companionship and emotional distress.
- Children: Minor and adult children may be entitled to recover damages, especially if they relied on the deceased for support or guidance.
- Parents of a Deceased Minor Child: If a child under 25 dies, both parents may file a claim for the emotional pain and financial losses.
- Parents of a Deceased Adult Child (in certain cases): If the adult child had no spouse or children, the parents may still be eligible to file a wrongful death lawsuit.
- Other Dependents: Blood relatives or adoptive siblings who depended on the deceased for support or services may also qualify, depending on the specific circumstances of the case.
Types of Compensation Available in a Wrongful Death Case
When a family loses a loved one due to someone else’s actions, the emotional and financial burden can be overwhelming. Florida law allows surviving family members to recover different forms of compensation to help with the losses. These may cover both the costs related to the death and the long-term impact on the family’s future.
Funeral and Burial Expenses
Families are often left with sudden and unexpected funeral and burial costs. These expenses can include services, transportation, cremation, or cemetery fees. A wrongful death claim may help the deceased person’s estate or family get reimbursed for those out-of-pocket payments.
Medical Bills and Care Costs Prior to Death
If the person received medical treatment before passing, the family might be responsible for those bills. This includes hospital stays, ambulance services, medications, and procedures. Compensation may be awarded to cover these medical expenses, helping to relieve the financial pressure after the loss.
Loss of Financial Support and Earning Capacity
When the deceased person was the main provider, their loss can put the entire family’s future at risk. A wrongful death claim can seek compensation for the income the deceased would have earned if they had lived. This includes not just current lost wages, but also the loss of future income and financial support the family counted on.
Pain and Suffering (for Surviving Family Members)
Losing a loved one is not just a financial loss; it causes deep emotional pain. Florida law allows surviving family members to seek damages for the mental and emotional suffering caused by the death. These losses may not have a dollar value, but they reflect the real impact of the loved one’s passing.
Loss of Companionship and Emotional Distress
When someone loses a spouse, parent, or child, the pain goes beyond money. Florida law allows surviving family members to seek damages for the emotional distress and loss of companionship caused by the wrongful death.
Florida Statutes § 768.21 states that the surviving spouse may recover for loss of companionship and protection and for mental pain and suffering from the date of injury. It also allows certain surviving family members, such as children or parents, under specific conditions, to recover for mental pain and suffering and loss of parental companionship or guidance.
Punitive Damages (in Cases of Gross Negligence)
In some wrongful death cases, the responsible party acted with extreme carelessness or intentional harm. When gross negligence is proven, Florida courts may award punitive damages. These are meant to punish the wrongdoer and help prevent similar actions from happening again.
How Much Does an Orlando Wrongful Death Lawyer Cost?
We understand that families dealing with the loss of a loved one already face emotional and financial pressure. That’s why many wrongful death lawyers in Orlando, including Tony Caggiano Personal Injury Lawyer, offer flexible fee structures.
Here’s what you can expect when hiring a lawyer for your wrongful death case:
Contingency Fee Arrangements: Pay Only If You Win
We don’t charge anything upfront. Instead, our law firm works on a contingency fee basis. This means we only get paid if we recover compensation for your family. If we don’t win, you owe nothing. This arrangement allows families to get legal help without worrying about how to afford it during such a hard time.
No Upfront Fees for Wrongful Death Cases
When you work with our law firm, there are no upfront costs to get started. We understand how overwhelming it can be to deal with funeral costs, lost income, and other financial burdens after a loved one’s death. That’s why we make sure you don’t pay anything out of pocket when you file your wrongful death claim.
Understanding Legal Fees and Expenses
Legal fees in wrongful death cases are usually covered by the final settlement or court award. Our team clearly explains how these costs work before we move forward with your case. Any expenses related to court filings, expert witnesses, or investigations are also handled upfront by our firm. You won’t be surprised by hidden charges; everything is explained so your family can focus on healing, not bills.
Why It’s Crucial to Hire an Experienced Wrongful Death Lawyer
Wrongful death cases are emotional, complex, and involve many legal steps. You need someone who fully understands Florida law and can handle the entire process without adding more stress to your family. An experienced lawyer knows how to build a strong wrongful death lawsuit, deal with insurance companies, and protect your rights from the start.
Tony Caggiano Personal Injury Lawyer has a proven track record of helping families who have lost loved ones due to someone else’s negligence. Our legal team focuses on getting justice and fair compensation for your family. We make sure the responsible party is held accountable and the surviving family members receive the support they need.
With our help, you won’t have to deal with confusing paperwork or legal deadlines alone. We take care of the legal work so you can focus on what truly matters, and that’s healing and honoring your loved one.
FAQs
1. Who can file a wrongful death claim in Florida?
In Florida wrongful death cases, the personal representative of the deceased person’s estate is the one who files the claim on behalf of surviving family members.
2. What types of accidents can lead to a wrongful death lawsuit?
Common causes include an automobile accident, a boating accident, a bus accident, distracted driving, and any accident caused by someone else’s negligence.
3. How are lost earnings calculated in a wrongful death case?
Lost earnings are based on what the deceased would have earned over their lifetime, including future income they can no longer provide to their family.
4. Can personal injury attorneys handle wrongful death cases?
Yes. Many experienced personal injury attorneys, especially those in Central Florida, also handle wrongful death claims for accident victims and their families.
5. Why hire the best law firm for a wrongful death case?
The best law firm will identify liable parties, gather strong evidence, and work to get fair compensation for injured victims after an untimely death.
Contact Our Orlando Wrongful Death Lawyer for a Free Consultation Today
If you recently lost a loved one and believe someone else’s actions may be to blame, we’re here to support you. Tony Caggiano Personal Injury Lawyer takes every Orlando wrongful death case seriously. Our legal team handles each situation with compassion and care while making sure your family’s rights are protected.
We understand how painful these moments are, and we know that financial stress can make things even harder. That’s why we offer a free consultation to help you understand your legal options. There’s no obligation consultation required to move forward — just honest answers and straightforward guidance. Our thorough investigation process helps us uncover the truth and build a strong case.
With years of experience in personal injury cases, we fight for justice and the compensation your family deserves. Contact us today to speak with an attorney who truly cares.