Someone killed your spouse in an accident, and you are devastated. On top of the emotional loss, you don’t know how to survive financially. Miller & Jacobs, Accident Attorneys, understands and sympathizes.
Our Orlando wrongful death lawyer understands the double-edged sword of grief and financial uncertainty that occurs in the wake of many accidental deaths. These tragedies happen all too often in Orlando, whether it’s a car or truck crash, slip and fall, medical mistake, fire or explosion, drowning, etc.
Our Orlando wrongful death attorney may help you obtain justice by filing a wrongful death lawsuit against the liable party. Speak to our wrongful death lawyer today in a free consultation at (877) 848-5297. We don’t get paid unless we win your case.
Why Choose Us?
When you have lost a loved one because of someone’s negligence, you need a reliable, proven wrongful death lawyer to fight for your family. Our Orlando wrongful death attorneys at Miller & Jacobs, Accident Attorneys, have proudly served Florida grieving families for decades, securing nearly $100 million in settlements and jury awards in personal injury and wrongful death claims. Among our recent notable successes are:
- $11 million wrongful death settlement
- $1.2 million car accident settlement
- $1 million wrongful death settlement
- $750,000 truck accident settlement
Our office is located at 5401 South Kirkman Road, Orlando, Florida, and is conveniently situated near the Florida Turnpike and directly across from the Westgate Resorts Foundation. Call us at (877) 848-5297 for a free consultation regarding your wrongful death case.
Our Orlando personal Injury lawyers work on a contingency basis, meaning we don’t get paid unless we secure compensation for you through a settlement or jury verdict. With nothing to lose and everything to gain, let us help you seek the justice you deserve. You only pay legal fees if we win.
Orlando Wrongful Death Compensation
Your loved one died suddenly, and you don’t know how you will pay all the bills, including the mortgage, and what about the kids’ college education? Retaining a seasoned Orlando wrongful death lawyer could lead to recovering compensation for the following potential damages.
Economic Damages
Economic damages may include medical expenses incurred before death, funeral costs, and the loss of financial support the deceased would have provided to their family. For instance, if the deceased was a primary breadwinner, the settlement might reflect their projected earnings over their expected lifetime, adjusted for taxes and personal expenses.
Additional economic damages may be loss of health and retirement benefits, as well as loss of inheritance. Your Orlando wrongful death lawyer will add up all your economic damages now and in the future.
Non-Economic Damages
Non-economic damages, on the other hand, cover intangible losses such as pain and suffering, emotional distress, and the loss of companionship or guidance, which are often significant in cases involving spouses, children, or parents of the deceased.
The amount of compensation can vary widely based on the circumstances of the case and the relationship between the deceased and the claimants.
For example, a surviving spouse may recover damages for the loss of companionship and protection, while minor children (under 25) can claim compensation for the loss of parental guidance and support.
Parents of a deceased minor child may also seek damages for their mental anguish. In some instances, if the wrongful death involved egregious negligence or intentional harm, punitive damages might be pursued to punish the responsible party, though these are less common and subject to strict legal standards.
The total compensation is typically pursued by the estate's personal representative, who files the lawsuit on behalf of all eligible survivors and the estate itself. An experienced wrongful death attorney from Miller & Jacobs, in Orlando, will carefully calculate your non-economic damages. Part of the process may be interviewing family members to describe how the significant loss has affected them emotionally.
Types Of Orlando Wrongful Death Claims
A wrongful death claim can arise from any death that was caused by someone’s negligence or deliberate action. Some of the most frequent reasons for Florida wrongful death claims are:
Car Accident Wrongful Death Claims
Fatalities caused by negligent drivers, such as those speeding, driving under the influence, or being distracted by texting, are common in Orlando’s busy traffic corridors like I-4 and the Florida Turnpike. These claims seek justice for families devastated by preventable collisions.
Truck Accident Wrongful Death Claims
Commercial truck accidents often result in catastrophic outcomes due to the size and weight of the vehicles involved. Negligence by truck drivers or companies (e.g., improper maintenance or overloading) can lead to fatal crashes, forming the basis for these claims.
Medical Malpractice Wrongful Death Claims
When healthcare professionals fail to provide the standard of care through misdiagnosis, surgical errors, or medication mistakes, resulting in a patient’s death, families can pursue a wrongful death claim against the responsible parties.
Workplace Accident Wrongful Death Claims
Fatal injuries in construction, manufacturing, or other high-risk jobs in Orlando may qualify for wrongful death claims if employer negligence (e.g., lack of safety protocols) contributed to the incident. These cases may also involve workers’ compensation benefits.
Premises Liability Wrongful Death Claims
Property owners who fail to maintain safe conditions, leading to fatal slip-and-falls, drownings in unsecured pools, or violent crimes due to inadequate security, can be held accountable for wrongful deaths on their premises.
Product Liability Wrongful Death Claims
Defective or dangerous products, such as malfunctioning car parts, unsafe machinery, or contaminated medications, can cause fatal injuries. Manufacturers or distributors may be liable in these cases.
Pedestrian or Bicycle Accident Wrongful Death Claims
Orlando’s pedestrian-heavy areas, like near tourist attractions, see frequent accidents involving walkers or cyclists struck by negligent drivers, resulting in claims for wrongful death.
Where Fatal Accidents Happen In Orlando
Many wrongful death claims involve auto accidents. Common problem areas in the Orlando region that have more than their share of fatal crashes include:
- Interstate 4 (I-4): Often cited as one of the deadliest highways in the U.S., I-4 runs through Orlando and sees heavy traffic from commuters, tourists, and commercial vehicles. Fatal crashes frequently occur due to congestion, high speeds, and distracted driving, especially near downtown Orlando, Universal Studios, and the Disney area.
- Florida’s Turnpike: This toll road, passing near Orlando, is a hotspot for fatal accidents involving high-speed collisions, truck crashes, and hit-and-runs, particularly around intersections like SR-528 and SR-408.
- Interstate 95 (I-95): While more prominent east of Orlando, its proximity contributes to fatal crashes involving Orlando residents traveling to or from the coast.
- Colonial Drive (SR-50): A major east-west artery, this road experiences fatal accidents due to high traffic volume, pedestrian crossings, and intersections like John Young Parkway or Sable Palm Drive. Hit-and-runs and vehicle collisions are common here.
- Orange Blossom Trail (US-441): Known for its commercial activity, this road sees fatal pedestrian and vehicle accidents near intersections like Town Center Boulevard.
- International Drive: A tourist-heavy corridor near attractions, fatal crashes here often involve pedestrians or cyclists struck by vehicles, exacerbated by congestion and unfamiliar drivers.
- Near Theme Parks: Walt Disney World, Universal Orlando, etc. Roads like SR-536, SR-535, and Vineland Road experience fatal accidents due to heavy tourist traffic, distracted driving, and pedestrian activity. Crashes often spike at night when attractions close.
- Kirkman Road: Close to Universal Studios, this area is notorious for pedestrian fatalities at intersections like Vineland Road.
Fighting The Insurance Company After An Orlando Wrongful Death
Imagine having to fight with the liable insurance company when you are numb from your loved one’s death. This is difficult to deal with, and in your state of mind, getting the best settlement could be a tall order. That is why it’s best to retain an aggressive Orlando wrongful death lawyer. They will take on the insurance company to deal with the following headaches:
Claim Denials
Insurers may deny a claim by arguing that the death doesn’t meet the policy’s definition of "wrongful.” For example, in a car accident case, they might claim the policyholder wasn’t at fault or that exclusions (like DUI) apply. With high-traffic areas like I-4 and International Drive, insurers might dispute liability in multi-vehicle or pedestrian accidents, claiming insufficient evidence of negligence.
Delayed Payments
Florida law requires insurers to act in good faith and settle claims promptly, but delays can occur if they request excessive documentation or dispute liability. This can prolong financial strain for families, especially for medical or funeral expenses tied to incidents on roads like Colonial Drive or near theme parks.
Undervaluing Claims
Insurers may offer low settlements, arguing that damages are less than claimed. In truck accident cases on the Florida Turnpike, they might minimize the deceased’s earning potential. Families must prove the full extent of economic and non-economic losses, which can be complex without legal support.
Policy Limit Disputes
Suppose the at-fault party’s insurance has low limits, such as Florida’s minimum $10,000 PIP. In that case, it may not cover the claim’s value, leading to disputes over additional coverage like underinsured motorist (UIM) policies. A fatal crash near Kirkman Road might exhaust the at-fault driver’s policy, forcing reliance on the family’s UIM coverage, which insurers may resist paying.
Bad Faith Practices
Under Florida law, insurers must handle claims fairly. Bad faith occurs if they unreasonably deny or delay payment. Families can sue for bad faith, potentially recovering beyond policy limits, but this requires proving the insurer’s misconduct.
Your Orlando wrongful death lawyer has seen every insurance game and trick. Let your lawyer sort out the insurance and compensation questions while you focus on healing and processing the tragedy.
What To Do After A Wrongful Death In Orlando
Your loved one suddenly died or was killed because of someone’s negligence or wrongful action. What should you do? Take the following steps:
Seek Medical Treatment
Not every wrongful death victim dies immediately in an incident or accident. Get immediate medical attention for your loved one.
Notify Law Enforcement
Florida law requires reporting accidents involving death (Florida Statutes § 316.027). Police will investigate and create a report, which is critical for insurance claims or lawsuits. In Orlando, this might involve the Florida Highway Patrol.
Gather Evidence
If you can, take photos of the scene, vehicles, or conditions. Collect witness contact information. Avoid moving anything unless it’s a safety hazard.
Avoid Speaking to Insurance Companies
The at-fault party’s insurer may contact you quickly. Don’t give statements or accept offers without legal advice; they may undervalue or deny your claim. Let your wrongful death lawyer in Orlando speak to the at-fault party’s insurance.
Consult a Wrongful Death Attorney
Always retain a skilled wrongful death lawyer in Orlando when someone’s action or negligence killed your relative. These cases are complex, difficult to prove, and involve considerable sums.
Negotiate with Insurance Companies
Insurers may dispute liability or offer low settlements, especially if you hire a wrongful death attorney late. Make sure your attorney handles the insurance negotiations from day 1. Your lawyer can counter with evidence, aiming for fair compensation for your economic and non-economic losses.
Most wrongful death claims end with a settlement; the insurance company may not want to have the case heard by a sympathetic jury. However, a jury trial is possible if your attorney recommends it.
Address Emotional and Financial Needs
Seek counseling for grief for you and your loved ones. Florida law allows damages for pain and suffering. Plan financially, as lost income or support may be recoverable.
Contact An Orlando Wrongful Death Lawyer Now
Your relative was killed in a car crash by a drunk driver. In this dire situation, you should call an experienced Orlando wrongful death attorney with experience in settlements and litigation. Miller & Jacobs, Accident Attorneys, will fight for the maximum compensation for your loved one’s death.
Our proven personal injury attorneys may help you obtain essential compensation for medical and funeral expenses, lost income, care and support, emotional anguish, and more. Call today for a free consultation at (877) 848-5297. Our seasoned attorneys are paid by contingency agreement, so you do not need to pay us from your own pocket.