When we hear about wrongful deaths, it’s always a tragic and heart-wrenching event. In Orlando, a city known for its vibrant culture and popular attractions, these situations are all the more distressing due to the close-knit community. This article seeks to offer a comprehensive guide into the intricacies of wrongful death in the Orlando region, ensuring that readers are well-informed about the topic.

What Constitutes a Wrongful Death in Orlando?

Wrongful death refers to a situation where a person’s death is directly caused by the negligence, wrongful act, or default of another. In the context of Orlando, just as in other parts of Florida, the following criteria must be met for a death to be deemed “wrongful”:

• Negligence: The death was caused due to the carelessness or negligence of another.
• Breach of Duty: It must be shown that the defendant owed a duty to the deceased person and that they breached this duty.
• Causation: The breach of duty was a direct cause of the death.
• Damages: There are quantifiable damages resulting from the death, such as medical costs, funeral expenses, loss of income, and more.

Common Types of Orlando Wrongful Death Claims

Orlando wrongful death claims can arise from a myriad of circumstances rooted in acts of negligence or misconduct that lead to an individual’s untimely demise. While each case is distinct, there are common scenarios under which these claims emerge. Let’s explore the various types of wrongful death claims that can be initiated in Orlando.

1. Automobile Accident Wrongful Death

Orlando’s bustling streets and highways are often scenes of numerous automobile accidents annually. When negligence, such as distracted driving, drunk driving, speeding, or failure to adhere to traffic rules results in fatalities, wrongful death claims can be made. The liable party could range from another driver to a manufacturer of a faulty vehicle part or even a local agency responsible for road upkeep. Car accident wrongful deaths are by far the most common in Florida.

2. DUI Accident Wrongful Death

In Orlando, driving under the influence (DUI) of alcohol or drugs is a grave concern. Being impaired affects an individual’s judgment, reaction time, and motor skills in critical ways. Such accidents predominantly stem from individuals consuming alcohol or drugs beyond legal limits and then opting to drive, the hazardous combination of alcohol with prescription medication, or an underestimated impact of over-the-counter medications on driving capability. Tragically, the resulting DUI accidents often have catastrophic repercussions due to the impaired driver’s inability to judge speed, distance, and other essential driving facets.

3. Medical Malpractice Wrongful Death

Medical malpractice represents instances when healthcare professionals err in their duty, causing a patient’s death. Situations can encompass surgical errors, misdiagnosis, anesthesia mistakes, and medication blunders. Depending on the specifics of the incident, hospitals, doctors, nurses, and other medical personnel can be held accountable.

4. Pedestrian Accident Wrongful Death

Pedestrians stand as some of the most exposed and vulnerable entities on the road. Pedestrian accidents are frequently attributed to drivers who neglect to yield at crosswalks, distractions like mobile phone usage, poorly illuminated roads, or vehicles that speed in zones designated for slower movement like school areas. Lacking any form of protective barrier, pedestrians are susceptible to debilitating injuries such as fractures, severe head traumas, and, in the direst situations, fatalities upon vehicular impact.

5. Bicycle Accident Wrongful Death

Cyclists in Orlando navigate a series of challenges on the roads. The dangers amplify when vehicles fail to respect bike lanes, overtake cyclists without maintaining a safe distance, or when drivers overlook cyclists while making turns. Moreover, road imperfections, like potholes or uneven terrains, can unexpectedly tip cyclists over. The absence of protective enclosures means cyclists are at risk of suffering significant injuries, which can range from bone fractures to grievous internal injuries or even fatal outcomes.

6. Workplace Accident Wrongful Death

Certain professions come with inherent dangers. When fatal accidents occur due to employers not upholding safety standards, wrongful death claims can be presented. High-risk industries, like construction, manufacturing, and transportation, often witness a higher rate of fatal incidents. An absence of appropriate safety equipment or training can form the grounds for such claims.

7. Premises Liability Wrongful Death

Property owners bear the responsibility of ensuring the well-being of those on their grounds. Deaths arising from on-site hazards can culminate in wrongful death lawsuits. Potential scenarios include slip and fall accidents from wet surfaces, lack of adequate security leading to a crime, or swimming pool tragedies stemming from the absence of protective measures.

Orlando’s Legal Landscape for Wrongful Death

The legal procedures for wrongful death cases in Orlando are primarily governed by Florida’s Wrongful Death Act. Here’s what we need to consider:

Time Limit for Filing a Claim

In Orlando, as in the entirety of Florida, the statute of limitations for wrongful death cases is two years from the date of death. This means that the deceased’s family or estate has a limited timeframe to file a lawsuit. There are a few exceptions, but they’re rare.

Potential Compensation

Orlando courts may award various types of compensation in wrongful death cases. This includes:

• Economic Damages: Tangible costs like medical bills and funeral expenses.
• Non-Economic Damages: Intangibles such as pain and suffering, loss of companionship, and emotional distress.
• Punitive Damages: In cases of extreme negligence, the court might award damages to punish the responsible party.

Morey Law Firm, P.A.: Your Orlando Wrongful Death Attorneys

The pain and heartbreak of losing a loved one in a wrongful death incident are beyond words. During this overwhelmingly difficult time, understanding and navigating the intricacies of the legal process in Orlando might seem daunting. Please know that you’re not alone. At Morey Law Firm, P.A., our Orlando wrongful death attorneys are here here to guide you with sensitivity and expertise. If you’re seeking compassionate and comprehensive legal advice and representation, we’re just a call away. Alternatively, you can submit a case evaluation online or engage with us through our 24/7 online chat. In our pursuit of justice for your loved one, we also remain dedicated to fostering a safer Orlando community. Our heartfelt hope is that, together, we can prevent further tragedies for all its valued residents and visitors.