Losing someone you love due to someone else’s negligence is more than painful — it’s infuriating. And if you’re here, chances are you’re navigating grief while trying to understand whether you have the legal right to take action.
Let us be clear: If someone else’s carelessness caused your loved one’s death, you absolutely deserve justice.
At Louis Berk Law, our team of experienced Orlando wrongful death attorneys has helped families across Florida hold negligent parties accountable — and we’re here to guide you through this process with honesty, compassion, and real answers.
This article explains:
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Who can file a wrongful death lawsuit in Florida
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What you need to prove is negligence
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The damages your family may be entitled to
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Real examples of successful wrongful death claims
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What to expect from the legal process
Let’s walk through it, step by step.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida Statute §768.20, only the personal representative of the deceased person’s estate can file a wrongful death claim.
But that raises an important question: Who qualifies to be that representative?
In most cases, it’s:
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The spouse
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Adult or minor children
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Parents of the deceased
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Other close relatives or adoptive siblings only if they were financially dependent on the person who passed
If the person left a will, it usually names a representative. If not, the court appoints one — typically the surviving spouse.
Your lawyer for wrongful death will help ensure the correct party is appointed and that your case is filed legally and on time.
Proving Negligence in a Florida Wrongful Death Claim
Wrongful death cases are civil lawsuits — not criminal — but the burden of proof still matters. For your claim to move forward, your Orlando wrongful death attorney needs to prove that someone else’s negligence directly caused the death.
That includes proving these four essential elements:
| Legal Element | What It Means |
|---|---|
| Duty of Care | The defendant had a legal obligation to act safely/responsibly. |
| Breach of Duty | They failed to meet that obligation. |
| Causation | Their action (or inaction) directly caused the death. |
| Damages | The surviving family suffered measurable losses. |
This part of the case is complex. Don’t let an inexperienced firm wing it — you need a wrongful death attorney in Orlando FL who knows how to prove negligence with evidence and expert testimony.
Time Limit: How Long Do You Have to File?
The clock is ticking. Florida law (Statute §95.11) gives you just two years from the date of death to file a wrongful death lawsuit.
Miss that deadline? Your case could be thrown out — no matter how strong it is.
Your attorney will make sure everything is filed on time and that no detail is missed.
What Damages Can You Recover in a Florida Wrongful Death Lawsuit?
The goal of a wrongful death lawsuit is compensation for the real, devastating impact the loss has had on your family. And that includes both financial and emotional suffering.
Here’s what your Orlando wrongful death lawyer will pursue:
Economic Damages:
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Lost income or financial support the deceased would’ve contributed
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Medical and funeral expenses related to the fatal injury
Non-Economic Damages:
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Loss of companionship (for a spouse or child)
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Pain and suffering of surviving family members
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Emotional trauma and grief
Punitive Damages:
These aren’t always available, but when they are, they can be substantial. Punitive damages are awarded in cases involving extreme recklessness or intentional harm. The goal is to punish, not just compensate.
To qualify, your attorney for wrongful death must prove gross negligence or willful misconduct.
Real Case: $1 Billion Verdict in Florida Wrongful Death Trial
One of Florida’s most high-profile wrongful death verdicts happened in 2021, when the parents of Connor Dzion won a $1 billion judgment against two trucking companies.
Connor, just 18 years old, died in a horrific crash involving two commercial trucks. It was proven that the drivers were overworked, sleep-deprived, and violating safety regulations. The jury awarded $100 million in compensatory damages and $900 million in punitive damages.
This case shows exactly why hiring an aggressive, experienced wrongful death lawyer in Orlando matters. Without the right team, these companies might have walked away with zero accountability.
The Legal Process: Step-by-Step Breakdown
Not sure what to expect once you hire an attorney? Here’s how a typical case unfolds with a qualified Orlando wrongful death attorney:
1. Free case evaluation to confirm wrongful death applies
2. Appointment of a personal representative for the estate
3. Investigation and evidence gathering
4. Filing of the lawsuit in civil court
5. Negotiations and settlement talks
6. Trial and verdict, if no fair settlement is reached
We’ll handle the legal fight. You focus on healing and honoring your loved one’s memory.
Final Thoughts: You Deserve Answers. You Deserve Justice.
No amount of money will ever replace the person you lost. But filing a wrongful death lawsuit can bring justice, accountability, and financial support — and help you protect others from similar tragedies.
If you’ve lost a loved one due to someone else’s negligence, don’t wait. Talk to a team of attorneys for wrongful death who care and have the experience to make a difference.
Contact Louis Berk Law today for a free, private consultation with a trusted Orlando wrongful death lawyer. We’ll listen. We’ll fight. And we’ll walk this difficult road with you, every step of the way.