Orlando Wrongful Death Attorneys -- Fighting for Your Family

What Is a Wrongful Death Claim in Florida?

A wrongful death claim is a civil lawsuit brought by the survivors of a person who died as a result of another party's negligence, recklessness, or intentional misconduct. It is separate from any criminal proceedings that may arise from the same event, and it can be pursued regardless of whether criminal charges were filed or resulted in a conviction.

Florida's Wrongful Death Act, codified at Florida Statute section 768.16 through 768.26, governs how these claims are brought, who can file them, and what damages are available. The law was designed to ensure that families are not left financially devastated by a death that someone else caused.

Wrongful death cases in Florida are pursued by the personal representative of the deceased person's estate on behalf of the survivors. That personal representative may be named in a will or appointed by a court if no will exists. Our attorneys work closely with families and their estate representatives to move through this process as smoothly as possible during an already difficult time.

Who Can File a Wrongful Death Lawsuit in Florida?

Under Florida's Wrongful Death Act, the personal representative of the deceased's estate files the lawsuit on behalf of the survivors. The survivors who may recover compensation through a wrongful death claim include:

• The surviving spouse
• Minor children of the deceased
• Adult children of the deceased in certain circumstances, particularly when there is no surviving spouse
• Parents of a deceased minor child
• Parents of an adult child in cases where the adult child had no surviving spouse or children
• Any blood relative or adoptive sibling who was partly or wholly dependent on the deceased for support or services

The specific damages each survivor can recover depend on their relationship to the deceased and the circumstances of the case. Our attorneys will walk your family through exactly what the law allows in your situation during your initial consultation.

Common Causes of Wrongful Death We Handle

Wrongful death cases arise from many different types of incidents. What they all have in common is that a preventable death resulted from someone else's failure to act with reasonable care. The Dill Law Group handles wrongful death claims arising from:

• Car, truck, motorcycle, and other vehicle accidents caused by a negligent or reckless driver hospitalization, and rehabilitation, and carrying a significant risk of long-term complications
• Slip and fall or other premises liability incidents where a dangerous property condition led to a fatal injury
• Negligent security situations where a crime resulted in death on a property that failed to provide adequate protection
• Pedestrian and bicycle accidents involving negligent drivers
• Assault or other intentional acts of violence
• Workplace accidents and on-the-job fatalities caused by unsafe conditions or employer negligence
• Dog attacks and animal-related fatalities

Every wrongful death case is unique, and the legal strategies involved differ based on the cause of death, the parties responsible, and the circumstances of the incident. If you are unsure whether your situation qualifies as a wrongful death claim, speak with our attorneys. We will give you an honest assessment at no cost.

Common Causes of Wrongful Death We Handle

Florida law allows wrongful death survivors to recover a range of damages, which vary depending on the survivor's relationship to the deceased. The following is a general overview of what may be available:

Damages Available to the Surviving Spouse

• Loss of the deceased's companionship and protection
• Mental pain and suffering from the date of injury
• Loss of support and services the deceased provided

Damages Available to Minor Children

• Loss of parental companionship, instruction, and guidance
• Mental pain and suffering
• Loss of support and services

Damages Available to Adult Children and Parents

• Mental pain and suffering in cases where there is no surviving spouse
• Loss of parental companionship for surviving parents of a minor child

Damages Available to the Estate

• Medical and funeral expenses resulting from the fatal injury
• Lost wages, benefits, and earning capacity the deceased would have provided
• Loss of prospective net accumulations the estate would have received

In cases involving particularly egregious conduct, punitive damages may also be available as a way of punishing the responsible party and deterring similar behavior in the future. Our attorneys will be direct with you about which categories of damages apply to your family's situation and what a realistic recovery might look like.

Florida's Wrongful Death Statute of Limitations

In Florida, wrongful death claims must generally be filed within two years from the date of death. This deadline is strict. Missing it almost certainly means permanently losing your family's right to pursue any compensation, regardless of how strong the underlying case may be.

There are limited exceptions that can affect this deadline, particularly in cases involving fraud, concealment of evidence, or claims against government entities. If a government agency or employee played a role in your loved one's death, additional procedural requirements apply and the timeline may be even shorter.

Please do not wait to speak with an attorney. Two years sounds like a long time when you are in the middle of grief, but the process of investigating a wrongful death case, identifying all responsible parties, and building a compelling claim takes time. Starting early protects your options and strengthens your case.

How We Handle Wrongful Death Cases at The Dill Law Group

We understand that the last thing a grieving family should have to worry about is complicated legal procedures. Our job is to carry that weight for you. Here is how we approach wrongful death cases from the moment you contact us.

• We begin with a free, no-obligation consultation where we listen to your family's story, answer your questions honestly, and assess whether you have a viable wrongful death claim
• We handle all aspects of the investigation, including gathering accident reports, medical records, surveillance footage, witness statements, and any other evidence needed to establish liability
• We work with qualified experts when necessary, including accident reconstruction specialists, medical professionals, and economic analysts who can quantify your family's losses
• We deal directly with the insurance companies and defense attorneys so your family does not have to navigate those conversations alone
• We keep you informed and involved throughout the process, explaining every development in plain language and making sure your family's voice is heard
• We never settle a wrongful death case for less than what your family is genuinely owed, and we are fully prepared to take your case to trial if that is what a fair outcome requires
  

Why Choose The Dill Law Group for Your Wrongful Death Case?

Wrongful death cases require attorneys who understand the legal complexities involved and who also understand what families are going through. You need someone who will be thorough and aggressive in pursuing your case while also being respectful and patient with your family during one of the most difficult periods of your lives.

The Dill Law Group brings both of those qualities to every wrongful death matter we handle. We take a limited number of cases so we can give each one the attention it deserves. We work on a contingency fee basis in wrongful death cases, meaning your family pays no attorney fees unless we recover compensation for you. And we have the litigation experience to follow through if an insurance company refuses to offer a fair settlement.

You deserve a legal team that genuinely cares about your outcome. That is what we offer.

Frequently Asked Questions About Wrongful Death Claims in Florida

How long do we have to file a wrongful death claim in Florida?

Florida's wrongful death statute requires that a claim be filed within two years of the date of death. This deadline is strict and there are very limited exceptions. If the death involved a government entity, the timeline can be even shorter and additional procedural steps are required before you can file. Contact an attorney as soon as possible so your family's options remain fully open.

Can we file a wrongful death claim if the responsible party was never criminally charged?

Yes. Civil and criminal cases operate under entirely different standards and procedures. The fact that no criminal charges were filed, or that a criminal case did not end in a conviction, does not prevent your family from pursuing a wrongful death claim in civil court. The standard of proof in a civil case is lower than in a criminal case, which means a civil claim can succeed even when criminal prosecution does not.

What if our loved one was partially at fault for their own death?

Florida follows a modified comparative negligence rule. If your loved one shared some responsibility for what happened, the damages your family can recover will be reduced in proportion to their percentage of fault. However, a claim can still proceed as long as the deceased was not found to be more than 50 percent responsible for the incident. Insurance companies frequently try to exaggerate the victim's share of blame to reduce their liability. Our attorneys know how to challenge that tactic.

How much does it cost to hire a wrongful death attorney?

We handle wrongful death cases on a contingency fee basis. This means your family pays no attorney fees upfront and owes nothing in attorney fees unless we successfully recover compensation. Your initial consultation is completely free. We believe that access to quality legal representation should not depend on your family's financial situation, especially during a time of grief and loss.

How long does a wrongful death case typically take to resolve?

There is no single answer to this because every case is different. Some cases resolve through settlement negotiations within several months. Others involve more complex liability questions, multiple responsible parties, or insurance companies that refuse to negotiate fairly, and those cases can take considerably longer. What we can promise is that we will never rush your case toward a settlement that does not reflect what your family is actually owed.

Can we still file a wrongful death claim if the at-fault party has died?

Yes. In Florida, a wrongful death claim can be filed against the estate of a deceased at-fault party. The claim proceeds against that person's estate rather than against the individual. The specific details of how this works depend on the circumstances, and our attorneys can walk you through what it means for your family's case.

What is the difference between a wrongful death claim and a survival action?

A wrongful death claim compensates the surviving family members for their own losses resulting from the death, such as loss of companionship, support, and mental anguish. A survival action is brought on behalf of the deceased person's estate to recover for damages the deceased themselves suffered before dying, such as conscious pain and suffering in the period between the injury and death. In many wrongful death cases both types of claims are pursued simultaneously. Our attorneys will explain which apply to your situation.

Contact Our Orlando Wrongful Death Attorneys Today

We know that reaching out to an attorney is one more thing to do during an already overwhelming time. We want to make that step as easy as possible for your family. Our initial consultation is completely free, completely confidential, and there is no obligation to move forward afterward.

We will listen. We will answer your questions honestly. And we will tell you clearly whether we believe you have a wrongful death claim and what pursuing it would involve.

Please call The Dill Law Group today at (407) 367-0278 or fill out the contact form on this page to schedule your free consultation. We are here for your family.