Wrongful Death

Wrongful deaths are deaths caused by the negligent or willful conduct of another. These deaths occur as a result of car accidents, defective products, medical malpractice and nursing home abuse or neglect. Martinez, Manglardi, & developed this webpage to assist those who face the life-altering emotional and financial consequences of losing a loved one because of another's negligence.

Our statewide litigation firm has protected the safety of Florida's families since 1988. Over the past 15 years, we have recovered hundreds of millions in verdicts and settlements for our clients - among the highest in Central Florida. Insurance companies are aware of us and our successful trial record, and know that we can fully fund even the most complex wrongful death claim. Although we remain sensitive to our client's emotional needs during this difficult time, our priority is taking care of their future financial requirements.

For questions about wrongful death claims in Orlando, Orange County, Kissimmee, Osceola County, Apopka, and throughout Florida, review our Wrongful Death FAQs page.

What is Wrongful Death?

In legal terms, wrongful death refers to a fatality that occurs because of the negligence or misdeeds of another person, corporation or entity. Part of the "personal injury" tort family, wrongful death holds an individual, group or corporation (defendant) accountable for causing injury to another person (plaintiff). The primary goal of a personal injury tort is to provide relief (damages) to the plaintiff and to deter the defendant from inflicting further harm to others. In a wrongful death action, consideration is given to the earnings the deceased would have provided to their family had they lived and damages are awarded to survivors based on this monetary loss. Survivors may also receive damages for medical and funeral expenses for the victim, estate administration expenses, survivor's emotional pain and suffering, and punitive damages (intentional harm judged to be exemplary).

State laws vary as to who may pursue a wrongful death claim. Generally, it is the immediate family members (spouses, children and parents); however, some states allow grandparents, legal dependents or members of the extended family to file suit. The amount of damages awarded will depend on the plaintiff's relationship to the deceased, while the compensation for damages may include compensation for the following: 

• Reimbursement for all medical expenses incurred as a result of the negligence.
• Reimbursement for the loss of any future income.
• Reimbursement for property damage, if applicable.
• Reimbursement for any future services normally provided to you by the person who has died.
• Reimbursement for loss of consortium, meaning a spouse's right to the companionship, help and affection from the person who has died.
• Reimbursement for any punitive damages if the negligence was found to be criminal.

Negligence Must Be Proven

Typically, wrongful death suits involve motor vehicle accidents (automobile, truck, motorcycle), defective products, medical malpractice (birth injuries, doctor negligence , hospital error , misdiagnosis), pharmaceutical liability, prescription dangers , pharmacy errors and a number of other situations. The common element in most tort actions is negligence, which is characterized by inattention, thoughtlessness, inadvertence, and mistakes. Negligence must be proven in wrongful death cases and Martinez, Manglardi, & is skilled in helping clients prove that the four critical components of negligence exist in their claim:

1. The defendant had a duty to the deceased;
2. The defendant failed in that duty (breach of duty);
3. That the fatality was caused by the defendant's breach of duty; and
4. That the survivors are entitled to damages as a result of the loss of their loved one.

In addition to establishing negligence, the joint life expectancy of the deceased and the survivor or beneficiary must be presented (to establish the loss of future earnings) and the relationship of the survivor and deceased must also be shown. Finally, effective presentation of the non-economical or emotional loss suffered by the survivor is critical to a fair award of damages.

Wrongful death cases are always emotional. While you are grieving, you should not make any major decisions that will limit any future recoveries without consulting an attorney. You should not enter into any settlement, sign any release or accept any money in exchange for releasing an individual, corporation or insurance company from liability without first knowing what insurance coverage or other redress is available to you and your family.

Attorneys Trial Group is on your side, and we are prepared to help you through this difficult transition period, while seeking financial compensation for your loss. Our cases are handled by a team of professionals, including nurses, doctors, engineers and other experts. State-of-the-art technology is utilized to effectively present claims. Lawyers, judges and clients recognize Attorneys Trial Group as one of the top civil trial firms in Central Florida. If you feel you have the basis for a wrongful death suit, contact us today via our online contact form, or call our Orlando, Apopka or our Kissimmee offices at 1-800-741-2243. One of our lawyers will promptly be in touch with you, and give you all the help you need.