The decedent’s personal representative brings the action
Orlando · Florida Wrongful Death Claims
Orlando Wrongful Death Lawyer
The Nunez Law Firm represents Orlando families after fatal accidents caused by negligence or other wrongful conduct.
We review who may be legally responsible, what insurance may apply, which family members may recover under Florida law, what evidence should be preserved, and whether a wrongful death claim can be pursued
Quick Facts
01
Who files
02
Who may benefit
Statutory survivors and the estate may recover different categories of damages
03
General deadline
Who Can Bring the Claim
Who can recover in an Orlando wrongful death claim under Florida law?
Florida’s Wrongful Death Act defines “survivors” as the decedent’s spouse, children, parents, and certain blood relatives or adoptive brothers and sisters who were partly or wholly dependent on the decedent for support or services. For purposes of the Act, “minor children” means children under 25 years old
Surviving spouse
Children of the deceased
Parents of the deceased
Qualifying dependent blood relatives
Qualifying dependent adoptive siblings
The personal representative files the lawsuit
- Individual relatives generally do not file separate Florida wrongful death actions. Under § 768.20, the decedent’s personal representative brings the action for the benefit of the statutory survivors and the estate.
- The complaint identifies the potential beneficiaries and their relationships to the deceased. If a personal representative has not been appointed, estate administration may need to be addressed before the case proceeds.
Source: Florida Statutes § 768.20
Fatal Accident Cases
What fatal accident cases does The Nunez Law Firm review?
This page focuses on accident-based wrongful death claims. Medical negligence wrongful death claims involve additional Florida rules and limitations and are not the focus of this service page
01
Fatal Car Accidents
02
Truck Accidents
03
Motorcycle Fatalities
04
Pedestrian Deaths
05
Bicycle Accidents
06
Bus Accidents
07
Drunk Driving Crashes
Florida Filing Deadline
How long do you have to file an Orlando wrongful death claim?
2 Years. Most Florida wrongful death actions must be commenced within two years. Narrow statutory exceptions and special claim procedures can apply, so the deadline should be checked for the specific facts and defendants rather than assumed from a general rule.
Source: Florida Statutes § 95.11
Liability, Evidence & Insurance
What must be investigated after a fatal accident in Orlando?
Who may be responsible?
Depending on the facts, potential defendants may include a negligent driver, vehicle owner, employer, trucking or transportation company, or another business whose conduct contributed to the fatal accident
What evidence matters?
Crash reports, photographs, video, witnesses, vehicle data, commercial records, medical or medical-examiner records, and income or support documentation may all become important
What insurance may apply?
Coverage may include bodily injury liability, commercial or employer policies, uninsured or underinsured motorist coverage, and umbrella or excess coverage when supported by the policy terms and facts
Government defendants
Wrongful death claims involving the State of Florida or certain public agencies can be subject to sovereign-immunity rules and special presuit notice requirements. Section 768.28 may require timely written presentment to the appropriate agency and, when the statute requires notice to the Florida Department of Financial Services, timely presentment to the Department. The applicable notice requirements and deadlines depend on the defendant and the specific claim. Florida Statutes § 768.28
Recoverable Damages
What damages may be available after a fatal accident in Orlando?
There is no standard wrongful death settlement and no universal $1 million cap under Florida’s Wrongful Death Act. The available damages depend on the statutory survivors, the estate, the evidence, and the requirements of § 768.21
Good to know
Medical negligence exception: § 768.21(8) limits certain noneconomic damages for adult children and parents of adult children in medical-negligence wrongful death claims. This page addresses accident-based wrongful death claims, not medical malpractice litigation.
Source: Florida Statutes § 768.21
01
Lost support and services
Each survivor may recover qualifying past and future loss of support and services, with future losses reduced to present value
02
Surviving spouse
A surviving spouse may recover loss of companionship and protection and mental pain and suffering as provided by § 768.21
03
Children
Minor children, and all children when there is no surviving spouse, may recover lost parental companionship, instruction, guidance, and mental pain and suffering, subject to statutory limitations
04
Parents
Parents of a deceased minor child may recover mental pain and suffering. Parents of an adult child may recover it when there are no other survivors, subject to statutory limitations
05
Medical and funeral expenses
A survivor who paid qualifying medical or funeral expenses may recover them. Medical or funeral expenses that became a charge against the estate or were paid by or on behalf of the decedent may instead be recoverable by the estate, subject to § 768.21
06
Estate losses
The personal representative may recover specified estate damages, including certain lost earnings between injury and death and prospective net accumulations when the statutory conditions are met
How We Help
What does an Orlando wrongful death lawyer do for the family?
The Nunez Law Firm handles the accident claim while keeping the family informed about the next legal step.
Our Process
01
Review the accident and legal parties
We review how the death occurred, identify potential defendants, and identify the proper personal representative and statutory survivors.
02
Preserve evidence and investigate coverage
We preserve crash evidence, witness information, relevant records, and applicable insurance policies.
03
Document survivor and estate damages
We gather financial, household, funeral, medical, and relationship-based evidence needed to evaluate the damages available under Florida law.
04
Negotiate or litigate when necessary
We communicate with insurers and responsible parties, evaluate settlement positions, and prepare a lawsuit when the claim cannot be resolved on acceptable terms.
About The Firm
The Nunez Law Firm
The Nunez Law Firm is a Florida personal injury firm with offices in Orlando and Fort Myers. Rafael O. Nunez, Jr. has been admitted to practice in Florida since 2015 and founded The Nunez Law Firm in 2016.
Learn about Rafael O. Nunez, Jr., Esq. →
Orlando
Florida office
2016
Firm founded
Free
Initial case assessment
Contingency fee
Attorney fees are tied to recovery under the written agreement
Attorney fees: the initial case assessment is free. Wrongful death and personal injury matters are handled on a contingency-fee basis. The written representation agreement controls the attorney-fee terms and responsibility for case costs and should be reviewed before representation begins.
Free Case Assessment
Talk to an Orlando wrongful death lawyer
If your family lost a loved one in a fatal accident, The Nunez Law Firm can review the circumstances, potential defendants, available insurance, statutory survivors, and applicable filing deadlines. The initial assessment is free and there is no obligation to proceed after the initial conversation.