Orlando Wrongful Death Claims: A Comprehensive Legal Guide for Families
Losing a loved one due to someone else's negligence is devastating. While no amount of money can replace your loss, Florida's wrongful death statute provides legal recourse for surviving family members to recover compensation and hold negligent parties accountable. This comprehensive guide explains Florida wrongful death law, who can file claims, what damages are recoverable, and how to navigate the legal process during this difficult time.
Lost a loved one due to negligence in Orlando? Contact Cardinal Law at 239-610-0845 for a compassionate, free consultation with experienced wrongful death attorneys.
Understanding Florida's Wrongful Death Act
Florida Statute 768.16-768.27: Foundation of Your Claim
Florida's Wrongful Death Act (Chapter 768) governs all wrongful death claims in the state. The statute defines wrongful death as:
"A death caused by a wrongful act, negligence, default, or breach of contract or warranty" where "the event would have entitled the person injured to maintain an action and recover damages if death had not ensued."
In simpler terms, if the deceased person would have had a valid personal injury claim if they had survived, surviving family members can pursue a wrongful death claim after their death.
Common Causes of Wrongful Death in Orlando
Accidents and Negligence:
- • Car accidents: Drunk driving, distracted driving, reckless driving
- • Motorcycle accidents: Often resulting in fatal injuries
- • Truck accidents: Commercial vehicle crashes
- • Pedestrian accidents: Crosswalk and roadway deaths
- • Bicycle accidents: Cyclist fatalities
- • Boating accidents: Drownings, collisions on Florida waterways
Premises and Professional Negligence:
- • Medical malpractice: Surgical errors, misdiagnosis, medication errors
- • Nursing home neglect: Elder abuse and inadequate care
- • Premises liability: Drownings in pools, falls, security failures
- • Workplace accidents: Construction deaths, industrial accidents
- • Product defects: Defective vehicles, equipment, medications
- • Criminal acts: Negligent security leading to assault/murder
What Must Be Proven in a Wrongful Death Claim?
To succeed in a Florida wrongful death claim, the personal representative must establish:
- Duty of care: The defendant owed a duty of reasonable care to the deceased
- Breach of duty: The defendant breached that duty through negligence or wrongful act
- Causation: The breach directly caused the death of your loved one
- Damages: Surviving family members suffered quantifiable damages as a result
Who Can File a Wrongful Death Claim in Florida?
The Personal Representative Must File the Lawsuit
Under Florida law, only the personal representative of the deceased person's estate can file a wrongful death lawsuit. The personal representative acts on behalf of all survivors entitled to damages.
How is the Personal Representative Chosen?
- • Named in will: If deceased had a will, it usually names an executor who becomes personal representative
- • Court appointment: If no will exists, court appoints personal representative (usually surviving spouse or adult child)
- • Probate process: Personal representative is formally appointed through probate court
- • Letters of administration: Court issues official documentation authorizing person to act
Who Are the "Survivors" Entitled to Damages?
Florida law specifically defines who qualifies as a "survivor" entitled to recover damages:
Surviving Spouse
The deceased's husband or wife at the time of death can recover for loss of companionship, support, and services, as well as lost future support. If death was caused by medical malpractice, surviving spouse may also recover for lost companionship of minor children.
Minor Children (Under 25)
Children under 25 years old can recover for lost parental companionship, instruction, and guidance, as well as lost support and services. In medical malpractice cases, they can also recover mental pain and suffering.
Adult Children (25 and Older)
Adult children 25+ can recover for lost parental companionship, instruction, and guidance only if there is no surviving spouse. They typically cannot recover for financial support unless they were dependent on the deceased.
Parents of Deceased Minor Children
Parents of a deceased minor child can recover for mental pain and suffering, as well as lost support and services if the child contributed financially. Both parents can recover even if divorced or separated.
Parents of Adult Children
Parents of adult children (25+) can recover for mental pain and suffering only if there is no surviving spouse or children. This is a limited category of recovery.
Blood Relatives and Adoptive Siblings
If the deceased was partly or wholly dependent on a blood relative or adoptive sibling, that person can recover for lost support and services. This is uncommon but applies when deceased supported elderly parents or disabled siblings.
Important Limitations on Who Can Recover
- • No common-law spouses: Florida doesn't recognize common-law marriage; unmarried partners cannot recover as spouses
- • No stepchildren (usually): Stepchildren cannot recover unless formally adopted
- • No siblings (except limited cases): Brothers and sisters can only recover if deceased was supporting them financially
- • No extended family: Grandparents, aunts, uncles, cousins cannot recover damages
- • No friends or fiancés: No matter how close the relationship, non-family cannot bring wrongful death claims
Damages Recoverable in Florida Wrongful Death Cases
Florida's wrongful death statute allows recovery of both damages to the estate and damages to individual survivors. Understanding what compensation is available helps families pursue full justice.
Damages to the Estate (Florida Statute 768.21)
The deceased person's estate can recover the following economic damages:
Lost Earnings and Benefits
Income and benefits the deceased would have earned from the date of injury through their expected working life. This includes salary, bonuses, retirement contributions, health insurance value, and other employment benefits. Calculated using economic experts considering the deceased's age, health, occupation, earnings history, and work-life expectancy.
Medical and Funeral Expenses
Medical bills incurred between injury and death, including emergency care, surgery, hospitalization, ICU, medication, and life support. Also includes funeral, burial, or cremation costs, memorial service expenses, and related costs.
Lost Accumulations
The net accumulations (savings) that would have been added to the estate if the deceased had lived their natural life expectancy. This represents what the deceased would have saved and left to heirs.
Damages to Individual Survivors (Florida Statute 768.21)
Individual family members can recover non-economic damages for their personal losses:
Loss of Support and Services
Who can recover: Surviving spouse, minor children, adult children if dependent
The value of financial support, household services, childcare, home maintenance, and other services the deceased provided to family members. This includes both direct financial support and the economic value of services performed.
Loss of Companionship and Protection
Who can recover: Surviving spouse, minor children (under 25)
The intangible loss of the deceased's companionship, love, affection, comfort, society, moral support, protection, and marital relations. This is highly subjective and can result in substantial awards, especially for long marriages or young children losing a parent.
Loss of Parental Companionship, Instruction, and Guidance
Who can recover: All children of the deceased (any age)
The loss of a parent's guidance, advice, counsel, training, and education throughout life. This includes the emotional support, life lessons, and presence a parent provides. Children who lose parents at young ages face decades of loss.
Mental Pain and Suffering
Who can recover: Surviving spouse (in medical malpractice cases only), parents of minor deceased children, parents of adult deceased children (if no spouse/children)
The grief, sorrow, anguish, and emotional distress suffered by survivors due to the loss. This category is more limited in Florida than loss of companionship but can result in significant damages, especially when parents lose children.
Special Considerations for Medical Malpractice Cases
Medical malpractice wrongful death cases have unique damage considerations:
- • Damage caps: Non-economic damages capped at $1 million total (all survivors combined) unless exception applies
- • Surviving spouse mental pain: Only in medical malpractice can surviving spouse recover mental pain and suffering
- • Practitioner cap: $500,000 per practitioner for non-economic damages (with exceptions for egregious cases)
- • Higher burden of proof: Medical malpractice requires expert testimony establishing standard of care breach
Typical Florida Wrongful Death Settlement Ranges
Every wrongful death case is unique, but these general ranges provide context. Actual values depend on the deceased's age, earning capacity, family structure, negligence severity, and available insurance coverage.
Young Parent with Minor Children
When a young parent dies leaving a surviving spouse and minor children, damages are typically highest due to:
- • Decades of lost earnings and financial support
- • Long period of lost companionship for spouse
- • Children losing parental guidance throughout their lives
- • High emotional impact on young families
Working-Age Adult with Dependents
Deaths of working adults with financial dependents result in substantial damages:
- • Significant lost earning capacity remaining
- • Spouse and/or children dependent on income
- • Loss of companionship and support
- • Family's financial security destroyed
Retired or Elderly Person
Wrongful death of retirees typically results in lower economic damages but can still be substantial:
- • Limited lost earnings (retired or near retirement)
- • Loss of companionship for surviving spouse
- • Loss of guidance for adult children
- • Medical/funeral expenses often higher for elderly
Single Adult with No Dependents
Single adults without spouses or children have more limited survivor claims:
- • Estate can recover lost earnings to estate
- • Parents can recover loss of companionship if no other survivors
- • Medical and funeral expenses
- • More dependent on estate damages than survivor damages
Death of a Child
When a child dies, damages focus on parental loss rather than economic loss:
- • Parents' mental pain and suffering (often highest value component)
- • Loss of companionship for parents
- • Limited economic damages (children don't have earnings)
- • Medical and funeral expenses
- • Jury sympathy often results in substantial non-economic awards
Critical Time Limits for Florida Wrongful Death Claims
Two-Year Statute of Limitations
Florida law requires wrongful death lawsuits to be filed within two years from the date of death (changed from 4 years in March 2023). Missing this deadline typically means losing your right to recover any compensation, no matter how strong your case.
IMPORTANT: The two-year clock starts on the date of death, NOT the date of the injury or accident. If your loved one was injured but died days, weeks, or months later, the statute of limitations runs from the death date.
Special Time Limits and Exceptions
Medical Malpractice Wrongful Death: 2 Years from Discovery (Max 4 Years)
Medical malpractice wrongful death claims have two years from when the malpractice was discovered or should have been discovered, but no more than four years from the date of the act (with limited exceptions for fraud or concealment).
Government Entity Claims: 3 Years (but 180-day notice required)
If a government entity or employee caused the death (e.g., police officer, city bus driver), you must file a notice of claim with the agency within 180 days, and file suit within 3 years.
Minors: Extended Time
If a minor child is a survivor, certain time extensions may apply, but the personal representative must still file within the standard timeframe.
Why You Should Act Immediately
Even though you have two years, waiting is dangerous:
- • Evidence disappears: Witnesses forget, surveillance footage is deleted, physical evidence is lost
- • Witness memories fade: Statements become less reliable over time
- • Medical records may be destroyed: Some facilities purge records after certain periods
- • Investigation takes time: Complex cases require months of expert review
- • Probate process required: Personal representative must be appointed before filing lawsuit
- • Emotional processing: Early legal help allows you to focus on grieving while attorney handles legal matters
The Wrongful Death Claim Process in Florida
Step 1: Initial Consultation with Wrongful Death Attorney
- • Free consultation: Most Florida wrongful death attorneys offer free initial meetings
- • Bring documentation: Death certificate, accident reports, medical records, insurance information
- • Case evaluation: Attorney assesses liability, damages, and potential recovery
- • Contingency fee agreement: Most wrongful death cases handled on contingency (no fee unless you win)
- • Timeline expectations: Understanding the process ahead
Step 2: Appointment of Personal Representative (1-3 months)
- • Probate filing: Petition filed with probate court to open estate
- • Personal representative appointment: Court formally appoints estate representative
- • Letters of administration: Official authority granted to file wrongful death lawsuit
- • Attorney can help: Wrongful death attorney can assist with probate process
Step 3: Investigation and Evidence Gathering (2-6 months)
- • Accident investigation: Photos, police reports, witness statements
- • Medical records review: Obtaining all relevant medical documentation
- • Expert consultation: Medical experts, accident reconstructionists, economists
- • Damages calculation: Detailed economic analysis of lost earnings and support
- • Liability analysis: Determining all potentially responsible parties
Step 4: Demand and Pre-Suit Negotiations (2-6 months)
- • Demand letter: Comprehensive damages presentation sent to defendants/insurers
- • Settlement negotiations: Back-and-forth discussions with insurance companies
- • Mediation: Often helpful in wrongful death cases before filing suit
- • Decision point: Accept settlement offer or file lawsuit
Step 5: Litigation (If Necessary) (12-36+ months)
- • Filing lawsuit: Wrongful death complaint filed in appropriate Florida court
- • Discovery phase: Depositions, interrogatories, document production (6-18 months)
- • Expert reports: Medical experts, economists prepare detailed reports
- • Court-ordered mediation: Most courts require mediation attempt
- • Trial preparation: If case doesn't settle, prepare for jury trial
- • Trial: Present case to jury (typically 1-3 weeks for wrongful death)
Step 6: Resolution and Distribution
- • Settlement or verdict: Case resolves through settlement or jury verdict
- • Lien resolution: Pay Medicare, Medicaid, medical liens
- • Fee and cost deduction: Attorney contingency fee and case costs paid
- • Distribution to survivors: Remaining funds distributed according to Florida statute
- • Estate closure: Probate estate closed after distribution
Why You Need an Experienced Orlando Wrongful Death Attorney
1. Florida Wrongful Death Law is Complex
The Florida Wrongful Death Act is among the most complex areas of personal injury law. Determining who can recover what damages, navigating probate requirements, and maximizing compensation requires specialized expertise that general practice attorneys lack.
2. Insurance Companies Minimize Wrongful Death Claims
Insurance adjusters use sophisticated tactics to reduce wrongful death payouts, including challenging life expectancy calculations, disputing the deceased's earning capacity, questioning family relationships, and making lowball initial offers. Experienced attorneys counter these tactics effectively.
3. Proper Valuation Requires Expert Analysis
Accurately calculating lost earnings over a lifetime, determining the value of lost companionship and services, and projecting future financial needs requires economists, actuaries, and other experts that experienced wrongful death attorneys have relationships with.
4. Focus on Healing While Attorney Handles Legal Matters
Losing a loved one is devastating. Let an experienced attorney handle investigations, negotiations, court filings, and legal deadlines while you focus on grieving and supporting your family. Wrongful death attorneys work on contingency, so there are no upfront costs.
5. Trial Experience Gets Better Settlements
Insurance companies pay more when they know your attorney is willing and able to take the case to trial. Attorneys with proven trial experience in wrongful death cases consistently achieve higher settlements than those who always settle.
Lost a Loved One Due to Negligence in Orlando?
Our experienced Orlando wrongful death attorneys provide compassionate, aggressive representation for families who have lost loved ones due to negligence. We handle all legal aspects of your wrongful death claim while you focus on healing. We work on contingency fees - no recovery, no fee.
Free Consultation • No Fee Unless We Win
Call 239-610-0845Serving Orlando, Orange County, and all of Central Florida
Wondering What Your Case May Be Worth?
Let's work on your case together
Through 13 years of experience and multi-millions recovered for our clients we offer the most premium legal services.
Visit Our Florida Offices
Cardinal Law has offices throughout Florida to serve you better. Our main office is in Naples, with additional locations by appointment.
Naples Office
Main Office9045 Strada Stell Court
Suite 305
Naples, FL 34109
Orlando Office
200 E Robinson Street
Suite 1120
Orlando, FL 32801
Tampa Office
401 East Jackson Street
Suite 2340
Tampa, FL 33602
Miami Office
848 Brickell Avenue
Suite PH5
Miami, FL 33131
Fort Myers Office
5237 Summerlin Commons Blvd
Suite 511
Fort Myers, FL 33907
© 2026 Cardinal Law, P.A. All rights reserved.