WRONGFUL DEATH ATTORNEYS

LAW OFFICES OF DAN NEWLIN

The Law Offices of Attorney Dan Newlin is a prominent personal injury law firm dedicated to fighting for injury and accident victims and recovering everything you are entitled to for your injuries. For decades, Attorney Dan Newlin and his team of experienced trial»»»Read more

YONFA HAYES

Born from the largest and most prominent law firms in the state of Florida, the attorneys at Yonfa Hayes, P.A. are pioneering a new way to practice law. This collaboration brings you the big firm experience you need with the personal attention you want. Often, »»»Read more

MORGAN & MORGAN

Morgan and Morgan is a leading personal injury law firm dedicated to protecting the people, not the powerful. Over the past several decades, our attorneys have firmly established themselves as prominent trial attorneys who are not afraid to go to court to get »»»Read more

THE PENDAS LAW FIRM

Being injured in an accident can take a physical, emotional, and financial toll that can last for months, or even years. Having the added stress of a legal case is something that no victim of personal injury wants, and our Florida personal injury »»»Read more

DK Legal Group

DK Legal Group is a small law firm, made up of two attorneys who are dedicated to serving their clients' needs. Sophia Dean and Alison Kerestes work together closely to seek the best outcome possible in every situation. Alison is a former prosecutor with over »»»Read more

Nation Law Firm

Founded in 1997, the Nation Law Firm is a law firm that specializes in providing a range of legal services to individuals and corporate clients. It has expertise in handling matters associated with wrongful death, personal injury, construction defects,»»»Read more

Nejame Law Firm

The NeJame Law Firm is AV rated, the highest rating awarded by Martindale-Hubbell, the nation's leading lawyer directory. We are also acknowledged in the Bar Registry of Preeminent Lawyers, which recognizes but a select few of America's leading »»»Read more

Todd Miner Law

As a former insurance lawyer for the largest insurance company in the nation, Attorney Todd Miner is able to bring everything he learned from the insurance defense side of a case, to the side of the injured victim. He uses his familiarity of insurance company »»»Read more

Manglardi Martinez PA

Since 1988, we have proudly served the people of Florida, recovering Hundreds of Millions of dollars in verdicts and settlements on their behalf. Our team of personal injury lawyers is committed to protecting the safety of Florida families statewide,»»»Read more

The Briggs Law Firm

"Traditional Help for Truly Injured." We are not like many personal injury firms you see today, firms with loud billboards, and repeating TV commercials. In contrast, The Briggs Law firm is old fashioned. Our former clients and people who know of our practice »»»Read more

Overchuck Law Firm

At the Overchuck Law Firm, our clients are not just cases; they are family, friends and neighbors. So we do everything possible to provide options and let you know the different avenues available to you, regardless of the type of accident you have been »»»Read more

Colling Gilbert Wright & Carter

At the Orlando personal injury law firm of Colling, Gilbert, Wright & Carter we pride ourselves on our reputation for aggressive and effective representation, honesty, persistence, responsiveness, and competitive spirit. After contributing to building Florida's »»»Read more

ABERCROMBIE, P.A.

Abercrombie, P.A. is a different kind of law office. We put our clients first and refuse to settle for less than 100% devotion to each case we accept and to the interests of each individual we represent. Our goal is to help you achieve »»»Read more

The Law Offices of Cohen & Juda

Cohen & Juda takes great pride in its ability to represent its clients in an aggressive manner in order to maximize the client’s recovery. We often receive cases referred by other law firms in the State of Florida, and throughout the country, as these other »»»Read more

Hogan Frick

The experienced Orlando personal injury attorneys at Hogan Frick represent injured victims of medical malpracticewrongful deathcar and motorcycle accidentsslip & fall injuries, and many other types of injuries caused by the negligence »»»Read more

The Maher Law Firm

The experienced Orlando personal injury attorneys at Hogan Frick represent injured victims of medical malpractice, wrongful death, car and motorcycle accidents, slipfall injuries, and many other types of injuries caused »»»Read more

Pineyro & Fernandez, PA.

Pineyro & Fernandez, PA. serves to maximize compensation for people who have been wrongfully injured in all kinds of accidents. Our Orlando injury lawyers have more than 30 years of combined experience in personal injury law, »»»Read more

Steinger, Iscoe & Greene.

One call to Steinger, Iscoe & Greene and we’ll handle the rest. We focus on handling your case and fighting for your best interests so you can focus on getting better. Steinger, Iscoe & Greene is a legal team of more than 30 lawyers and 120 legal»»»Read more

David & Philpot, PL

At David & Philpot, PL, our commitment is to winning the maximum available compensation for our clients. Our Orlando personal injury lawyers commitment to excellence and their years of experience in the field combine to deliver the aggressive, knowledgeable »»»Read more

Law Office of Scott M. Miller

Located in Longwood and serving injury victims throughout Florida, personal injury attorney Scott Miller has years of experience handling some of the most demanding accidents in the state. He worked as a lawyer in Chicago for 5 years before moving to the »»»Read more

Largey Law Firm

At Largey Law Firm, we have the dedication and resources to fight for and win the best possible legal results for our Central Florida clients. Our attorneys draw upon a combined 25 years of experience in diligently representing accident victims and defending »»»Read more

Gary J. Boynton, P.A.

When you need someone you can trust, experience is a must. Gary has been practicing law in the Orlando area for more than 30 years. His emphasis is in litigation, particularly in personal injury and wrongful death claims.»»»Read more

Law Offices of Richard B. Troutman

With more than 30 years of experience as an attorney Richard Troutman and the versatile lawyers at our firm understand how insurance companies work when it comes to accident claims. We personally handle every case. We handle all the details »»»Read more

Powell, Powell & Powell

Powell, Powell & Powell has received an AV Preeminent Rating from Martindale-Hubbell(R) Peer Review Ratings because of our high ethical principles and professional ability. When coping with the aftermath of an injury, it is difficult to know where to turn for help. »»»Read more

WRONGFUL DEATH LAW SUMMARY

Wrongful death is a claim against a person who can be held liable for a death.[1] The claim is brought in a civil action, usually by close relatives, as enumerated by statute. Under common law, a dead person cannot bring a suit, and this created a loophole in which activities that resulted in a person's injury would result in civil sanction but activities that resulted in a person's death would not.

The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. In Australia and the United Kingdom, it is 'on the balance of probabilities'.[2]For this reason it is often easier for a family to seek retribution against someone who kills a family member through tortthan a criminal prosecution. However, the two actions are not mutually exclusive; a person may be prosecutedcriminally for causing a person's death (whether in the form of murder, manslaughter, criminally negligent homicide, or some other theory) and that person can also be sued civilly in a wrongful death action (as in the O.J. Simpson murder case). Wrongful death is also the only recourse available in the United States when a company, not an individual, causes the death of a person;[3] for example, historically, families have tried (both successfully and unsuccessfully) to sue tobacco companies for wrongful deaths of their customers.

In most common law jurisdictions, there was no common law right to recover civil damages for the wrongful death of a person.[4] Wrongful death actions were strictly statutory.[5] Some jurisdictions have recognized a common law right of recovery for wrongful death,[6] reasoning that “there is no present public policy against allowing recovery for wrongful death."[7] Jurisdictions that recognize the common law right to recovery for wrongful death have used the right to fill in gaps in statutes or to apply common law principles to decisions.[8] Many jurisdictions enacted statutes to create a right to such recovery.[9] The issue of liability will be determined by the tort law of a given state.

Each state has different laws regarding wrongful death claims. In most states, the statute of limitations (time limit to file a case) varies according to how the death occurred. For example, in Oregon, many wrongful death claims have a statute of three years - but there are many exceptions, including: when alcohol is involved, when a public body is involved, or in product liability claims.

See the Fatal Accidents Act 1846 (Lord Campbell's Act) for the origin of wrongful death liability.[10]

To an extent, people can protect themselves from wrongful death lawsuits by having the participants sign a waiver.

One of the most difficult wrongful death issues, and a particularly poignant illustration of how wrongful death expands liability beyond that at common law, is whether a wrongful death claim can be founded upon intentional infliction of emotional distress that caused the decedent to commit suicide. The first jurisdiction to allow such a claim wasCalifornia in 1960,[11] followed by Mississippi,[12] New Hampshire,[13] and Wyoming.[14]

Types of wrongful death claims

Any type of fatal accident caused by negligence can result in a wrongful death claim, including auto accidents caused by another driver, dangerous roadway or defective vehicles, medical malpractice, and abuse.

Dangerous roadway claims result from deaths caused in whole or in part by the condition of the roadway. The California Supreme Court recently ruled in Cordova v. City of L.A. that an entity is liable when substantial risk of injury or death exists when motorists are exercising due care.