Losing someone because another person or company failed to act responsibly can leave your family facing hard questions. Our Maitland wrongful death lawyer could investigate what happened and pursue accountability, handling the insurers so you can focus on your family.
At Colling Gilbert Wright, we approach these cases with care. Many clients come to us through referrals from other attorneys who trust us with serious injury and fatal accident cases. Our personal injury attorneys have decades of litigation experience, and we prepare each case for trial in case an insurer refuses a fair resolution.
Common Causes of Wrongful Death Claims
A fatal accident becomes a wrongful death claim when negligence or a wrongful act causes a death. Many cases arise from serious motor vehicle crashes, where a careless driver causes a deadly collision by speeding or inattention. A commercial truck case can raise added questions about the driver or trucking company.
Medical negligence can also cause preventable deaths through a missed diagnosis or treatment error, and those claims usually depend on detailed records and expert testimony. Unsafe property conditions create another basis when a hazard causes a deadly fall the owner should have prevented. Our Maitland attorneys examine every circumstance surrounding the wrongful death rather than assuming only one party is responsible.
Proving Negligence in a Wrongful Death Case
In a Maitland case, our attorneys must show why the wrongful death occurred and who bears legal responsibility. A negligence claim generally requires proof that the defendant owed a duty of reasonable care and breached it in a way that caused the death and your family’s losses.
The evidence depends on how the death happened. A vehicle case may need crash reports and electronic data. A medical case rests on standard-of-care testimony, and a premises case on maintenance history. Florida Statutes § 768.20 provides that the personal representative brings the wrongful death action for the decedent’s survivors and estate. Our readiness to litigate is one reason other attorneys refer these cases to us.
Who Can Recover Wrongful Death Damages?
State law determines who may benefit from a wrongful death recovery and what compensation is available. Fla. Stat. § 768.18 defines survivors to include certain family members, with eligibility depending on the relationship to the person who died and, in some situations, financial dependence.
Under Fla. Stat. § 768.21, recoverable damages can include lost support and services and a surviving spouse’s loss of companionship and protection. The statute also recognizes certain losses for eligible children or parents, and a decedent’s estate may recover losses of its own. Because these categories vary with the family relationships, our attorneys review the full circumstances before evaluating a Maitland wrongful death claim.
Wrongful Death Claim Filing Deadline
If your family is considering a fatal accident claim, it is important to watch the filing deadline closely. Fla. Stat. § 95.11 generally provides a two-year limitations period for wrongful death actions. Those two years can pass quickly while a family grieves and manages life after a death.
Waiting also makes an investigation harder, as records become difficult to obtain and witnesses harder to locate. When you contact our Maitland attorneys early in a wrongful death case, you give us more time to preserve evidence and identify responsible parties. We are not a settlement mill, and when accountability requires trial, we are prepared.
Contact Our Maitland Attorneys About a Wrongful Death Case
No legal action can undo the loss of someone important to you. What it may do is provide financial stability and hold negligent parties accountable for the harm they caused.
A Maitland wrongful death lawyer from our team is here to listen to what happened and explain how state law applies to your family’s case. Contact The Florida Firm Injury and Accident Lawyers for a free consultation. On a contingency fee, you pay nothing unless we recover for your family.