A wrongful death occurs when a person's life ends because of the willful or negligent act of another party. The responsible party may be an individual or a corporation. Wrongful death claims can arise from medical negligence, car accidents, or various other incidents. The loss of your loved one nearly always comes as a shock. The law allows survivors to seek compensation when a death occurs due to negligence. Unlike criminal cases, these claims focus on securing financial damages for the survivors.
Families in Orlando often face emotional distress and practical challenges after the unexpected loss of a loved one. Navigating funeral arrangements, new financial burdens, and household responsibilities can feel overwhelming. The law in Florida allows families to recover damages, including loss of companionship, mental pain and suffering, and lost support and services. Pursuing a wrongful death claim can hold negligent parties accountable and help provide financial security for survivors.
Let a knowledgeable wrongful death lawyer handle the legal challenges while you focus on healing. Call today to learn your rights and explore your options in Orlando.
The Personal Representative of the Estate files any wrongful death claim and ensures that each survivor’s interests are protected. The Personal Representative is often a spouse, parent, or child of the deceased. Florida Statutes clearly define who qualifies as a survivor in a wrongful death case. Medical and funeral expenses are also recoverable by the Estate or the survivor who covered those costs.
Survivors in the Orlando area may include spouses, children, parents, and, in some cases, other relatives or dependents as outlined by Florida law. Every wrongful death case involves unique relationships and facts that affect who qualifies as a beneficiary, what damages are available, and how to bring a valid claim. Meeting with a knowledgeable wrongful death attorney in Orlando helps all survivors understand their rights and options under Florida law.
In Florida, the statute of limitations for most wrongful death lawsuits is two years from the date of the person’s death. If the Personal Representative misses this critical deadline, they may lose the right to file the lawsuit. Wrongful death cases are complex, so you should review the situation with an attorney as soon as you suspect negligence may have caused a loved one’s death. Losing a loved one brings uncertainty and grief for families. An experienced attorney understands the unique issues that arise in wrongful death claims and will guide the process.
Who Can File a Wrongful Death Claim in Orlando?
Florida law requires that the Personal Representative of the deceased person's estate file the wrongful death claim on behalf of all eligible survivors and the estate itself. The Personal Representative acts in the interest of every qualified beneficiary, making sure that their rights remain protected at each stage. Eligible survivors can include a spouse, children, parents, and, in some situations, blood relatives or adoptive siblings who depended on the loved one for support or services. Each case depends on those relationships and the degree of dependency at the time of death.
Because each family’s dynamics are different, coordination and communication are essential. Working closely with a wrongful death attorney in Orlando helps your family navigate legal requirements, documentation, and deadlines. Legal counsel will explain how the Personal Representative and survivors work together, what documents are required, and how courts in Orange County, Florida, distribute compensation under current statutes. Filing through the proper venue in Orlando ensures your claim meets all local legal requirements.
Types of Compensation & Damages for Orlando Families
Florida’s wrongful death statute allows survivors and the estate to pursue several types of damages. Financial recovery can offer essential resources to those who are adjusting after a devastating loss. Common recoverable damages include:
Medical and Funeral Expenses: Reimbursement for medical bills and burial or funeral expenses paid by the estate or survivors.
Loss of Support and Services: Compensation for the future income and services the deceased would have provided, determined by life expectancy and earning history.
Loss of Companionship: Surviving spouses and children may receive damages for lost companionship, guidance, and protection.
Mental Pain and Suffering: Spouses, minor children, and parents of minor children may recover damages for pain and suffering from the date of injury.
Lost Parental Guidance: Children can receive compensation for the loss of guidance, instruction, and support.
Courts evaluate many factors when awarding damages, including the survivor’s relationship to the deceased, age, and dependency. The court looks at the individual impact on each survivor when calculating damages. An attorney familiar with wrongful death claims in Orlando can explain what types of damages may apply in your specific case and help your family through the process.
Why Choose for Your Wrongful Death Claim?
Choosing the right law firm can make a significant difference in the support you receive and the way your case moves forward. Since 2004, has been a trusted presence in Orlando, focusing on a client-centered approach. Our family-run firm, led by siblings Mary and Jim Sherris, brings a personal touch to each claim. We treat every family with compassion and respect, taking the time to listen to your concerns and offer clear guidance.
Our contingency fee approach makes high-quality legal counsel accessible for every Orlando family. You owe nothing unless compensation is recovered. We serve a diverse community, providing services in both English and Spanish for open communication and peace of mind. Our legal team offers knowledge across personal injury, civil rights, immigration, and Social Security disability law—allowing us to provide broad and practical advice. When you choose our team, you gain advocates focused on integrity and justice at every step.
FAQs
How long do I have to file a wrongful death lawsuit in Florida?
Most wrongful death lawsuits in Florida must be filed within two years of the person’s death. Waiting longer typically means losing the right to pursue compensation. Consult a wrongful death attorney in Orlando promptly to meet all deadlines.
What makes a death wrongful under Florida law?
A death is considered wrongful if it results from another party’s negligence, recklessness, or intentional act. Common examples include fatal accidents, medical mistakes, or dangerous conditions created by another person or business.
Who receives compensation in a successful wrongful death case?
Surviving spouses, children, parents, or other dependents directly affected by the loss are usually eligible for compensation. The court decides eligibility and distribution based on the survivor’s relationship and dependency on the deceased.
Call us at (407) 598-6035 for assistance with your wrongful death claim in Orlando.
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You should expect the attorney and their staff to be sensitive to your particular emotional state. This does not mean that the attorney or staff should express condolences repeatedly during every conversation, as that can sometimes deepen your grief or sadness, but your attorney should generally do the following:
Keep the interviews and questions focused on what is necessary at that specific time.
Avoid assigning difficult tasks, like searching for photographs, during periods of deepest sorrow.
Provide help with related claims, such as life insurance claims, if necessary.
Give you a general overview of the anticipated steps required to properly investigate or bring a claim on behalf of your family.
Families coping with sudden loss need clear communication and reliable support from start to finish. Our Orlando team values transparency, keeping you updated at every stage and answering questions so you feel confident and supported throughout the process. We approach every case with patience and respect, adapting based on your family’s needs and the situation. Because our firm has deep roots in the Orlando community, we can support you through each stage of the legal process and focus on minimizing added stress during a difficult time.