The sudden, unexpected death of a loved one is one of life’s most painful experiences. And when that death results from someone else’s negligent or reckless actions, it can leave you with urgent and difficult questions you were not prepared to answer.
However, you can take steps to secure your family’s financial future and hold negligent parties responsible. If you suspect someone else was to blame for your loved one’s passing, the Orlando wrongful death lawyers at Chalik & Chalik Injury Lawyers can help you seek compensation for your injuries.
Do I Have a Valid Wrongful Death Claim?
Wrongful death per Florida Statutes § 768.19 is defined as the “death of a person… caused by the wrongful act, negligence, default, or breach of contract or warranty of any person…”. In these claims, a person or entity has been identified as potentially responsible for the victim’s death.
However, a wrongful death claim is a civil matter rather than criminal. Its purpose is to compensate the surviving family for losses related to the death. Law enforcement can pursue criminal charges against the at-fault party if possible; however, it will be completely separate from the wrongful death lawsuit.
Some common wrongful death claims include:
- Vehicular accidents
- Premises liability
- Medical malpractice
- Workplace accidents
- Defective products
- Slip and fall accidents
- Nursing home abuse and neglect
To be successful in a wrongful death lawsuit, you must prove the at-fault party’s negligence. To do so, you must establish that:
- The at-fault party owed the decedent a duty of care
- The at-fault party breached the duty of care
- The at-fault party caused the accident leading to your loved one’s death.
Wrongful death lawsuits require a lower burden of proof than criminal cases; however, you must still furnish evidence showing the at-fault party’s role in your loved one’s passing.
Find a Orlando Wrongful Death Lawyer
Near Me (407) 420-9838
What Are My Rights as a Surviving Family Member?
As a surviving family member of the decedent, you are eligible to be compensated for losses sustained due to wrongful death. Beneficiaries include:
- Other dependent family members
However, in Florida, only the personal representative of the decedent’s estate can file a wrongful death lawsuit. This would be the person named in the will or estate plan, or if no such document exists, our wrongful death attorneys can help you become appointed.
Florida Wrongful Death Statute of Limitations
You have two years from the date of death to proceed with your lawsuit. Although two years may seem like a long time, the deadline does not account for time spent negotiating, probating the will, or unexpected events. And the longer you wait to file, the more you risk having your case thrown out.
Our attorneys can keep your claim on track by:
- Filing paperwork on time
- Representing you in all communications
- Gathering evidence to prove negligence
- Preventing insurers from acting in bad faith
- Taking your case to court, if necessary
Chalik & Chalik Wrongful Death Lawyer Near Me (407) 420-9838
Damages Available in a Wrongful Death Lawsuit
The death of a loved one is a significant loss that can lead to emotional and financial turmoil. Although no amount of money can replace the value of their life, compensation can help you with some of the financial losses you sustained.
In a wrongful death case, damages available can include:
- Funeral and burial expenses
- Loss of support and services
- Loss of companionship
- Mental pain and suffering
- Loss of earnings of the deceased
- Medical expenses
The total compensation available will depend on these economic and noneconomic losses. Our attorneys will enlist financial experts to help value your losses and negotiate with insurers to get you top dollar.
You will not have to worry about haggling over a settlement with us. We have successfully secured millions in damages for our clients across Florida, and we are confident in our ability to get you what your claim is worth.
Here are a few examples of our latest case results:
- $500,000 settlement for a recreational accident
- $400,000 settlement for a slip and fall
- $5,000,000 settlement for a car accident
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Our Law Firm Works on a Contingency-Fee Basis
Proper representation can sometimes make or break your wrongful death lawsuit. At Chalik & Chalik Injury Lawyers, we believe that obtaining that representation should be the least of your worries. That is why we offer our services at no upfront cost to you. We will not charge you anything unless we successfully settle or win your case.
For a free legal consultation with a Chalik & Chalik lawyer serving Orlando, call (407) 420-9838
How Can an Attorney Help My Wrongful Death Case?
Hiring an attorney to represent you in your case can maximize your compensation and make the process smoother. Our attorneys are well-versed in Florida wrongful death laws and have extensive experience with the Florida court systems.
We aim to get you compensation for your losses and reduce the stress this situation may cause so that you can focus on your family. We will help you by:
- Explaining your legal rights
- Providing personalized attention
- Leading investigations into the accident
- Calculating your damages
- Negotiating a settlement
- Taking your case to court, if needed
What Our Clients Are Saying About Us
At Chalik & Chalik Injury Lawyers, our clients are our greatest asset. When navigating a tragedy, having an attorney on your side can make all the difference. Here are a few testimonials of what our clients have to say about us:
“This office is outstanding. The employees here are so kind and professional.”
“I really can’t say enough great things about this firm. Honest, ethical, and great communicators.”
“The absolute best hands down attorney I have ever had anything to do with! Mr. Jason Chalik has now saved me from hard times 3 times during this year.”
Contact an Orlando Wrongful Death Attorney to Get Started Today
You do not have to navigate this difficult time alone. Our attorneys at Chalik & Chalik Injury Lawyers are prepared to stand by you and fight for justice in your case. Contact an Orlando wrongful death lawyer from our office today to receive your free consultation.
Call or text Chalik & Chalik (407) 420-9838