Orlando Wrongful Death Lawyer

If you are looking for an Orlando wrongful death lawyer, we are deeply sorry for your loss. This page explains, in plain words, how wrongful death claims generally work under Florida law: who can bring the claim, who it protects and what it can include. It is general information, not legal advice; every case is different.

What Is a Wrongful Death Claim in Florida?

Florida's Wrongful Death Act, sections 768.16 through 768.26 of the Florida Statutes, allows a claim when a person's death is caused by someone else's wrongful act or negligence, in a situation where the person could have sued if they had lived. The law says its purpose is to shift the losses caused by a wrongful death from the family to the person or company responsible.

In Orlando, these claims often come from:

• Car and truck crashes On I-4, SR 408, SR 417, Florida's Turnpike and city streets such as Colonial Drive and Orange Blossom Trail.
• Pedestrian and bicycle deaths People struck in crosswalks, at bus stops or along International Drive and other busy corridors.
• Motorcycle and rideshare crashes Including crashes involving Uber, Lyft and delivery drivers.
• Unsafe property Falls, drownings or attacks at apartment complexes, hotels, stores and parking lots where the owner failed to keep the property reasonably safe or secure.

Who Brings the Claim: the Personal Representative

Under section 768.20, a wrongful death lawsuit in Florida is brought by the personal representative of the person who died, not by each family member separately. The personal representative is the person named in the will or appointed by the probate court. That person brings one claim on behalf of the estate and all the survivors.

If no personal representative has been appointed yet, that is one of the first steps, and we can explain how it works. Family members still keep their own place in the case: the law looks at each survivor's losses individually.

Which Family Members Are Survivors?

Section 768.18 defines the survivors who may recover. In general they are:

• The spouse of the person who died.
• The children of the person who died. For wrongful death purposes, Florida treats children under 25 as "minor children."
• The parents of the person who died.
• Other relatives who depended on them Blood relatives and adoptive brothers and sisters can be survivors if they were partly or wholly dependent on the person for support or services.

Who counts, and what each person can recover, depends on the family situation. That's why it helps to talk through the details early.

What a Florida Wrongful Death Claim Can Include

Section 768.21 lists the damages that may be recovered. In general terms:

• Lost support and services the person would have provided to the survivors, now and in the future.
• Loss of companionship and protection for a surviving spouse, and mental pain and suffering.
• Loss of parental companionship, instruction and guidance for minor children (and for all children if there is no surviving spouse), and mental pain and suffering.
• Mental pain and suffering for parents of a minor child; parents of an adult child may recover these damages only in certain situations, such as when there are no other survivors.
• Medical and funeral expenses paid by a survivor or by the estate.
• The estate's losses, such as lost earnings from the injury to the death and, in some cases, the savings the person would likely have left to the estate.

Insurance companies may also argue that the person who died shared some of the blame. Florida's comparative fault rules can reduce, or in some cases bar, a recovery, so the facts of what happened matter a great deal.

Steps Families Can Take Now

1. Take care of each other first. There is no need to make every decision this week.
2. Keep documents together. The crash or incident report, the death certificate, medical and funeral bills, pay stubs or tax returns and any letters from insurance companies.
3. Don't sign anything from an insurer or give a recorded statement before you understand your rights.
4. Preserve evidence. Photos, phone videos, damaged vehicles and the names of witnesses can be important. Business video is often recorded over quickly.
5. Talk with a lawyer about the deadline and about appointing a personal representative.

How We Help Orlando Families

Tomas Robirosa serves Orlando and all of Orange County. He meets with families by phone, by video or in person, and speaks Spanish and English, so everyone in the family can understand what is happening. We investigate what happened, identify every insurance policy that may apply, deal with the insurers and, if needed, file suit in Orange County, part of Florida's Ninth Judicial Circuit.

Read more about wrongful death claims in Florida, or go back to our Orlando car accident and personal injury page.

We work on a contingency basis: no fee unless we recover. Call (305) 600-0529 for a free consultation.

Frequently Asked Questions