Orlando Wrongful Death Attorney

Orlando Wrongful Death Attorney Near You

The death of a loved one is one of life’s most traumatic experiences, especially when caused by the wrongful or negligence of another. At Bengal Law, we want to express sincere sympathy for your loss. Our law firm has worked with grieving family members, and we know first hand just how difficult this experience can be.

Though Florida’s wrongful death laws, there is a system designed to compensate surviving family members if the death was caused by the negligence, recklessness or wrongful act of another. While no amount of money can ever replace a life that has been lost, the law does account for the financial loss that you and your family may have experienced. In this way, the law attempts to put your family back in the same financial position prior to your loss by ordering the person or entity who caused the death to pay you and other survivors damages.

If you believe that your loved one died as a result of someone else’s negligence or wrongful acts, then you should speak with a Orlando wrongful death attorney as soon as possible. Although filing a wrongful death lawsuit may be the last thing on your mind, hiring a caring and compassionate wrongful death attorney is the first step to making a financial recovery after your loss. Contact Bengal Law today to learn more about filing a wrongful death claim.

Who Can Sue For Wrongful Death in Florida?

To file a wrongful death lawsuit, you must show to the court that you have “standing” to sue. Standing is a legal term that describes a party’s ability to file a lawsuit in court based on their interest in the outcome of the lawsuit. To be allowed to file a lawsuit, you must prove that you have a sufficient connection to the legal matter.

In a case of wrongful death, typically a surviving family member has standing to file a wrongful death lawsuit. This could include, for example, a spouse, a child or a parent. Exactly who is able to file a lawsuit may vary state by state.

In Florida, the law requires a personal representative of the deceased person’s estate to file a wrongful death claim. This personal representative would be named in the will or estate plan of the deceased. If no one was named as a personal representative, then the court will appoint a personal representative for the purposes of filing a wrongful death claim.

A wrongful death lawsuit filed by a personal representative is filed on behalf of the surviving family members. In fact, every surviving family member with an interest in the outcome of the case must be named in the wrongful death lawsuit.

Surviving family members with standing to sue for wrongful death in Florida include the deceased’s spouse, children, parents and any blood relative who is dependent on the deceased for support or services. 

There are other, special rules for children of unmarried parents as well. If the mother of the child dies in a wrongful death incident, then the child may recover damages in a wrongful death lawsuit. However, if the father dies, the child can only recover damages if the father recognized the child as his own and provided financial support.

Wrongful death in florida, Funeral

Common Types of Wrongful Death Cases

When Should I File A Wrongful Death Lawsuit?

Just like personal injury cases, there is a limited window of time in which surviving family members can file a wrongful death lawsuit. This window of time is known as the Statute of Limitations

A Florida wrongful death lawsuit must be filed within two years of the date of the death. However, this date may be delayed under certain circumstances. Regardless, it is important to speak with an experienced Orlando wrongful death attorney as soon as possible to preserve your rights to financial recovery.

Why Should I File A Wrongful Death Lawsuit?

We recognize that after the loss of a loved one, going to court and filing a wrongful death lawsuit is likely the last thing on your mind. This is a time for grieving, and we understand that no amount of money can ever adequately compensate you for your losses.

Still, Florida law attempts to provide a way in which you and other surviving family members can seek retribution for your loss. In some instances, the court may also award what is known as punitive damages which are designed to prevent the wrongful actions that caused the death to never happen again.

Under Florida law, damages that surviving family members may be awarded in a wrongful death case include compensation for:

  • the value of support and services provided to surviving family members by the deceased;
  • the loss of companionship;
  • pain and suffering caused by the loss of a child;
  • medical expenses and funeral expenses; and
  • lost wages, benefits and other earnings that the deceased would have expected to make if he or she had lived.

Every wrongful death case is different, but the law is clear on what surviving family members should be able to recover when their loved ones are taken away too soon. To learn more about your rights to financial recovery in a wrongful death lawsuit, contact a Orlando wrongful death attorney today to discuss your case.

Need help? Get a free consultation today. Call Bengal Law at (407) 815-3000.

How Long Does A Wrongful Death Case Take?

Like any lawsuit, a wrongful death case can vary in length depending on the specific facts of each case. Some wrongful death cases can be resolved quickly in a matter of just a few months. Other cases, however, could take years to resolve depending on the complexity of the case and whether or not the case goes to trial.

At Bengal Law, we know that you would like to resolve your wrongful death case as soon as possible. Not only will a resolution help you find closure to a painful chapter in your life, but a wrongful death case can help you receive the financial support you need to maintain your standard of living.

Many wrongful death cases are settled outside of court. In these cases, a settlement may be reached in just a few months. However, some wrongful death cases go to trial. If your case goes to trial, you can anticipate that the lawsuit will take a year or more to resolve. First, we will need to file a lawsuit and get on the court’s trial calendar. Trials are typically scheduled 18 months after the date of filing. Then there is the case itself. A wrongful death case may only spend a day to two at trial. More complex cases, on the other hand, could take longer.

What Happens If My Case Goes To Trial

Going to trial in a wrongful death case is rare. So rare, in fact, that only 2 percent actually end up on trial in front of a justy. If your wrongful death case does go to trial, then you will need an experienced litigator by your side.

Bengal Law has a long track record of obtaining favorable settlements for its clients, and that track record is supported by experience at trial. From the time that we file a lawsuit all the way to closing arguments, we will fight for your right to compensation and hold those responsible for your loss accountable.

How Much Does It Cost To Hire A Wrongful Death Attorney?

Hiring an attorney can be expensive. In fact, the cost of hiring an attorney holds many people back from seeking legal help.

If you have questions about cost, it is important to understand how a wrongful death attorney is paid. At Bengal Law, for example, we charge wrongful death clients on a contingency fee basis. This means, in simple terms, that we do not get paid unless you win your case. The consultation is free, and any legal costs associated with preparing your case and taking it to trial are advanced by the law firm. 

Still have questions about cost? When you call our office and schedule your free consultation, we can discuss costs associated with representation along with any other questions that you have.

Contact A Orlando Wrongful Death Attorney Today

Wrongful death claims arise when a death is caused by the negligence or wrongful act of another individual or entity. If you believe that your loved one is the victim of a wrongful death, then you should contact a wrongful death attorney to discuss your case. Unfortunately, time is limited and it is important to begin filing a wrongful death lawsuit before the statute of limitations ends.

At Bengal Law, you will speak to a caring and compassionate team of legal professionals who will put your interests ahead of their own. We care deeply about our clients’ success, and will do everything we can to answer your questions, listen to your concerns and advocate tirelessly on your behalf. Call our office today at 305) 908-6778 for a free consultation.

We want to hear your story

If you have been injured in an accident in Florida, we want to hear your story. We want to know what you want to achieve through legal action. We want to know what you need to feel comfortable and secure as you rebuild the future you have always envisioned for your family. Together, we’ll identify a legal strategy that not only holds those responsible for your injuries accountable, but also helps you make a full financial recovery.

Decades of Experience

We’ve been personal injury lawyers for decades and settled millions of dollars for our clients. Now we use that knowledge to help maximize the value of your case.

Former Insurance Adjuster & Insurance Defense Attorney

Our combined experience gives us a unique advantage over other personal injury attorneys in Orlando.

Prompt & Attentive Communication

Part of why why love doing what we do is because our clients are like family. We’re proud to guarantee a level of attention that can’t be matched by large billboard firms.

Low Volume, High-Value Practice

We focus on fewer cases and get better results on those select few clients’ cases. We promise to give you and your case the time, attention and skill that you deserve.

The Proof Is In Our Results

We’ve helped to recover millions for our clients







What our Clients
say about us

Schedule a free consultation

Getting the compensation you need to make a full financial recovery starts with a free case evaluation with accident attorneys Jeff Starker or Joel Leppard.

Start today by texting or calling our office at (407) 815-3000 to schedule a consultation with one of our personal injury attorneys, or complete our contact form to start your journey of getting help. We look forward to serving you.

    Bengal Law logo
    Bengal Law logo


    638 Broadway Ave, Suite #200,
    Orlando, FL 32803


    (407) 815-3000


    1530 US Highway-1, Suite #400,
    Rockledge, FL 32955


    (321) 332-7901

    © 2023 Bengal Law: Florida Accident Lawyers and Personal Injury Attorneys PLLC. Website by Chase Jennings.

    Bengal Law