Losing a family member because of someone else’s carelessness changes everything, often in an instant. Beyond the grief, families are left facing funeral costs, lost income, and unanswered questions about how the loss happened and who should be held accountable. Florida law gives surviving family members a path to seek compensation through a wrongful death claim, though the legal process can feel overwhelming while you are still processing the loss.
At Wooten, Kimbrough, Damaso, and Dennis, P.A., our Orlando wrongful death attorneys have helped Florida families pursue accountability for over 60 years. Our partners are board certified by the Florida Bar in civil trial litigation, and our firm holds the highest ranking for Orlando injury lawyers in the Best Law Firms report by U.S. News and World Report. We handle every wrongful death case with care, and we work to make sure your family’s rights are protected while you focus on healing.
Time-Sensitive — Florida Law Limits Your Window to File
The statute of limitations for a Florida wrongful death claim is two years, however, the time frame is dependent on the unique details and factors surrounding your specific case.
Our board-certified attorneys have handled wrongful death claims across Central Florida for over 60 years on a contingency fee basis, so you pay nothing unless we recover compensation for your family.
What Is a Wrongful Death Claim in Florida?
Florida’s Wrongful Death Act allows the personal representative of a deceased person’s estate to file a claim when the death resulted from another party’s negligence, recklessness, or intentional act. This can include fatal car accidents, medical malpractice, defective products, or dangerous conditions on someone else’s property. A wrongful death claim is separate from a criminal case, so a claim can move forward even if no one is criminally charged for the death.
Who Can File a Wrongful Death Claim in Orlando?
Under Florida law, the deceased person’s personal representative files the wrongful death lawsuit on behalf of the surviving family members who may be entitled to compensation. Depending on the family structure, this may include:
- A surviving spouse
- Surviving children, including adult children in some circumstances
- Surviving parents of a deceased child
- Other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support
Determining who qualifies can be complex. Our Orlando wrongful death lawyers can review your family’s situation and explain who may be eligible to recover under Florida law.
What Compensation May Be Available After a Wrongful Death
Florida law allows surviving family members and the estate to pursue several types of damages, depending on each survivor’s relationship to the deceased. These may include:
- Funeral and burial expenses paid by the estate or a survivor
- Medical expenses related to the final injury or illness
- Lost wages and benefits the deceased would have earned
- Loss of companionship and guidance for a surviving spouse or children
- Mental pain and suffering experienced by qualifying survivors
- Loss of the estate’s prospective net accumulations, in some cases
Every case is different, and the damages that apply to your family depend on your relationship to the deceased and the circumstances of the death.
Common Causes of Wrongful Death Cases in Orlando
Our attorneys have represented Orlando families in wrongful death claims stemming from a wide range of circumstances, including:
- Commercial truck accidents involving negligent drivers or trucking companies
- Fatal car accidents caused by distracted, drunk, or reckless driving
- Medical malpractice, including surgical errors and misdiagnosis
- Nursing home neglect or abuse
- Defective products or dangerous machinery
- Dangerous property conditions leading to fatal falls or other injuries
Why Choose Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our firm has represented families in complex wrongful death claims, including a settlement for the family of a college student killed when an equipment company allowed an unqualified driver to operate a company truck, and a recovery for the family of a nursing home resident killed after the facility failed to disclose a pattern of prior incidents. Every case is different, and past results do not guarantee a similar outcome, but our attorneys bring more than 60 years of combined experience to every wrongful death claim we take on.
What to Expect When You Work With Our Team
Wrongful death cases require a detailed investigation into what happened and who bears responsibility. Our attorneys review police reports, medical records, and other evidence, and pursue all available insurance coverage and liable parties. We handle communications with insurance adjusters so your family is not left navigating that process alone.
Frequently Asked Questions About Wrongful Death Claims in Orlando
What is the deadline to file a wrongful death claim in Florida?
The statute of limitations for a Florida wrongful death claim is two years, however, the time frame is dependent on the unique details and factors surrounding your specific case. This period generally runs from the date of death rather than the date of the underlying accident or injury. Cases involving a government entity or a minor survivor may follow different timelines, so it is important to speak with an attorney promptly. You can review the full statute at the Florida Senate’s website.
Can family members file a claim if a family member passed away due to someone else’s negligence?
Yes. Florida’s Wrongful Death Act allows the personal representative of the deceased’s estate to file a claim on behalf of qualifying survivors, which can include a spouse, children, parents, and in some cases other dependent relatives.
Do I have a valid wrongful death case in Orlando?
A wrongful death claim generally requires showing that another party’s negligence, recklessness, or intentional act caused the death, and that the deceased would have had grounds to pursue a personal injury claim had they survived. An attorney can review the circumstances of the death to help determine whether a claim may be viable.
How much does it cost to hire a wrongful death attorney in Orlando?
Our firm handles wrongful death cases on a contingency fee basis, so your family pays nothing upfront and owes no attorney fees unless we recover compensation on your behalf.
What if the wrongful death involved a car or truck accident?
Fatal vehicle accidents are among the most common causes of wrongful death claims in Orlando. If the death resulted from a car, truck, or motorcycle accident, our attorneys investigate the crash, identify all liable parties, and pursue available insurance coverage on your family’s behalf.
Contact Our Orlando Wrongful Death Attorneys
Our firm has more than 60 years of combined experience, board-certified trial attorneys, and a top ranking for Orlando personal injury litigation from U.S. News and World Report. If you have lost a family member due to another party’s negligence, our Orlando wrongful death lawyers are ready to help your family understand your options and pursue the compensation you may be entitled to. Contact us today at (407) 843-7060 or through our contact form to schedule a free consultation.
Legally Written and Reviewed by a Managing Partner
Wooten, Kimbrough, Damaso, and Dennis, P.A.
Our content is written and reviewed by our founding attorneys Butch Wooten, Orman Kimbrough, Mike Damaso, and Tom Dennis. Helping the injured since 1966, they’ve successfully handled thousands of personal injury cases across Florida. Whether you’re a Florida resident or an out-of-state visitor injured in Florida, we’re dedicated to providing clear and reliable information to help you navigate your legal options confidently.