Orlando Wrongful Death Lawyer – Get Expert Legal Help in Florida

Why Choose Our Top-Rated Wrongful Death Attorneys in Orlando, FL

When your family is grieving, you don’t need a law lecture you need a seasoned, relentless team that knows Florida law cold and gets results. That’s us: local trial lawyers who build airtight cases, communicate clearly, and fight for every dollar your family is owed.

Here’s what sets us apart in Orlando: deep Florida wrongful death experience, a documented record of substantial recoveries, and a true contingency fee you pay nothing unless we win. We handle the heavy lifting so you can focus on healing.

Decades of Experience in Florida Wrongful Death Law

Our team has spent years inside Florida’s wrongful death framework from the first investigation to verdict. We know how to prove negligence, causation, and damages under the Florida Wrongful Death Act (§ 768.16–§ 768.26) and how to present those elements convincingly to insurers and juries.

Because we practice here, we also bring Orlando-specific insight local courts, local procedure, and trusted experts (reconstructionists, medical specialists, economists) we can deploy fast to strengthen your claim. That practical edge matters when timelines are tight and evidence must be preserved.

Best Wrongful Death Lawyers with Proven Results

Talk is cheap, results aren’t. Our firm’s public results show substantial recoveries for Florida families, reflecting meticulous case prep and aggressive advocacy. We measure success by both the compensation secured and the peace of mind we help restore.

When the stakes are highest, you want a team that’s already delivered again and again.

No Fees Unless We Win – Contingency Structure

After a loss, cash flow shouldn’t decide your access to justice. With our contingency fee, you owe no upfront fees and no attorney’s fee unless we recover money for you. 

Florida requires additional client protections in contingency cases including a Supreme-Court-approved “Statement of Clients’ Rights” you review and sign, and strict record-keeping and contract rules under Rule 4-1.5. 

We comply with every safeguard so you know exactly how fees and costs work before you sign.

What this means for you:

• No out-of-pocket attorney’s fees to start your case.
• We advance case costs (experts, filings, records); you only reimburse from a recovery.
• Transparent terms, in writing, consistent with Florida Bar requirements.

Ready to talk? We’ll review your situation, explain options in plain English, and outline a plan with zero risk to you.

What Qualifies as a Wrongful Death Case in Florida?

A wrongful death claim exists when someone’s choices, not fate, cause a preventable loss of life. Florida law is crystal clear: if a person dies because of another party’s wrongful act, negligence, default, or breach of contract or warranty, and the person could have sued had they lived, the family may bring a wrongful death case.

Put simply: if misconduct or carelessness contributed to your loved one’s death, you likely have a claim. This applies broadly from traffic crashes and unsafe premises to defective products and intentional violence, so long as the facts show fault and the death produced legally compensable losses. 

Florida’s statute also spells out the recoverable damages for survivors and the estate, which include both economic losses (like medical and funeral bills, and lost support/services) and non-economic harms (such as a spouse’s loss of companionship and a parent’s mental pain and suffering).

To move a Florida wrongful death case forward, you generally need to show four things, the same core building blocks as a personal-injury claim:

• Duty & Breach: The at-fault party owed a legal duty and failed to meet it (e.g., a driver texting through an intersection, a business ignoring a known hazard).‍
• Wrongful Conduct: That failure qualifies as a wrongful act or negligence under Florida law.
• ‍Causation: The misconduct directly caused the death; without it, the fatal outcome would not have occurred.
• ‍Damages: The death caused compensable losses to the survivors and/or the estate (financial and/or emotional), as defined by statute.

If a distracted driver strikes a pedestrian and the family now faces hospital bills, funeral costs, and profound grief, that fits Florida’s wrongful death framework. 

Conversely, if a death results from a truly unforeseeable medical emergency without negligence and no compensable damages, a civil claim may not stand.

Don’t miss the deadline. Florida’s statute of limitations for wrongful death is generally two years from the date of death (with narrow exceptions). Waiting too long can permanently bar an otherwise valid claim, which is why early legal review is essential.

If someone else’s actions or inaction contributed to your loved one’s passing, you likely have a viable wrongful death case in Florida. The fastest way to get a clear answer is a focused legal review that tests your facts against the statute and preserves evidence before it disappears. 

We’re ready to evaluate your situation and, if it qualifies, move decisively to protect your family’s rights.

Who Can File a Wrongful Death Claim in Florida?

Florida keeps wrongful death cases simple on paper and serious in practice: one lawsuit, one court-appointed personal representative (PR), and all eligible family members included from day one. That structure avoids dueling cases but it also means your first legal step has to be the right one. 

Under Florida’s Wrongful Death Act, the PR is the only party who can file the lawsuit, and they file it for the benefit of the decedent’s survivors and the estate. Survivors then recover their specific categories of damages under the statute.

If you’ve lost a loved one, your path to justice runs through appointing (or confirming) the personal representative and identifying every survivor Florida law allows to recover. 

Orlando Families and Personal Representatives

In Florida, you do not file a wrongful death case in your own name (unless you are also the PR). The PR named in a will or appointed by the probate court files a single action on behalf of all survivors and the estate. 

This is not a technicality; it is the rule. The statute says the action “shall be brought by the decedent’s personal representative … for the benefit of the decedent’s survivors and estate.”

Who serves as PR? If a will names someone, courts typically honor that choice. If there’s no will, Florida’s Probate Code sets an order of preference (for example, a surviving spouse often has priority, then close family members). 

Our team moves quickly in probate so you have a valid PR and can file without delay. 

Why the PR matters: The PR must identify and list every survivor in the complaint and steward the case fairly for all of them. Settlements and verdicts are then allocated among survivors in line with each person’s losses and what the statute allows. 

We make sure no eligible family member is missed because if they’re not listed, they’re not recovered for. 

Quick checklist to get the PR in place (fast):

• Locate the will (if any) and confirm the named PR.
• If no will, petition probate for appointment following Florida’s preference order.
• Notify all potential survivors so they can be properly included in the lawsuit from the start. 

Surviving Spouse, Children, or Parents – Who Qualifies?

Florida defines “survivors” precisely. The statute names spouses, children, parents, and certain dependent relatives plus adopts special rules for children born out of wedlock and for what counts as a “minor child” (in this context, under 25). Each category has different rights to compensation. 

For a complete breakdown of survivor eligibility, PR appointment, and the “free kill” med-mal restriction, see our full Florida Wrongful Death Claim Guide.

Types of Fatal Accidents That Lead to Wrongful Death Lawsuits

When a loved one dies because someone cut corners, looked away, or simply didn’t care enough to act safely, Florida law lets your family demand accountability. In Orlando, three categories drive most wrongful death claims, and we handle them relentlessly.

Car, Truck & Motorcycle Accidents in Orlando

Orlando’s traffic isn’t just frustrating, it’s dangerous. I-4 has repeatedly been labeled among the nation’s most hazardous highways, and Central Florida roadways see severe, preventable crashes year-round. 

Florida records thousands of traffic deaths each year, underscoring how routine negligence behind the wheel turns deadly.

What typically causes fatal roadway cases?‍

• Speeding
• Driving under the influence (DUI)
• Distracted driving
• Unsafe lane changes
• Fatigued or overworked truck drivers
• Defective vehicle parts

When a tragedy happens, we act quickly to protect your case. Our team secures critical evidence (black-box data, traffic-camera video, phone records, and witness statements) before it disappears. We then work with accident-reconstruction experts to show exactly who was at fault, whether it’s a negligent driver, a trucking company, a defective parts manufacturer, or even a road designer in certain cases.

Florida’s fault rule matters. Since 2023, Florida has followed modified comparative negligence. If the defense blames the victim, your recovery can be reduced and barred entirely if they convince a jury the decedent was more than 50% at fault. We don’t let insurers weaponize that rule; we counter with facts, data, and experts.

If a careless driver, negligent trucking company, or unsafe vehicle caused your loss, we will build a complete liability story and pursue the full measure of damages, economic losses, and the human loss your family now carries.

Quick tip: Don’t talk to any insurer before you talk to us. Early “friendly” calls are designed to cap their exposure, not to help your family.

Medical Malpractice & Nursing Home Negligence

Few losses feel more unjust than one caused by the people entrusted to care for us. When medical providers or facilities fail to meet the standard of care and a patient dies, that’s malpractice.

Common triggers include surgical and anesthesia errors, missed or late diagnoses, medication mistakes, birth injuries, and nursing-home neglect (pressure-injury infections, dehydration, unsafe wandering, or blatant understaffing).

How we prove it: Florida med-mal cases hinge on credible medical experts who compare what happened to what should have happened. We run the required pre-suit investigation, obtain complete records, and retain specialists in the exact discipline at issue.

Two key Florida rules you should know:

• Two-year deadline (with limited discovery extensions). Most medical-negligence wrongful death claims must be brought within two years, with a short “discovery” leeway and an outside “repose” limit. Move quickly so evidence isn’t lost.
• The controversial “free kill” restriction. In medical negligence wrongful deaths, adult children (25+) of an unmarried decedent and parents of an adult child cannot recover non-economic damages for pain and suffering. We think this rule is wrong and we will still maximize all other recoverable damages for your family.

Historically, statewide “caps” on non-economic damages in med-mal cases were struck down by the Florida Supreme Court first in wrongful-death claims and later in personal-injury med-mal cases further underscoring the courts’ recognition of real human loss.

Nursing homes: Florida law protects residents’ rights and allows civil actions when facilities violate those rights or provide negligent care (e.g., chronic understaffing, inadequate supervision). 

We obtain AHCA surveys, policy manuals, staffing data, and employee testimony to show systemic neglect not “one bad day.”

Pedestrian Deaths and Dangerous Premises

Florida is routinely cited as one of the most dangerous places in America for people walking, and Orlando ranks near the top in national pedestrian-danger analyses. The result: too many families shattered at crosswalks, bus stops, parking lots, and neighborhood streets.

On the road:

We prove driver fault with scene measurements, skid-mark analysis, vehicle data, and video from store fronts, buses, or traffic cameras. We also ask a hard question cities sometimes avoid: Did road design contribute? Poor lighting, missing crosswalks, or high-speed, multi-lane arterials can turn small mistakes into fatal events.

On the property:

Fatal injuries on private or commercial property slip/trip-and-falls, pool drownings, fires, elevator/stair failures, and negligent security are classic premises cases. Owners must keep their properties reasonably safe and warn of known dangers; when they don’t, they can be liable for wrongful death. Our job is to show they knew or should have known about the hazard (code violations, prior incidents, ignored work orders) and failed to fix it.

Claims may involve multiple defendants (owners, managers, security contractors, maintenance vendors). We bring in building-code, human-factors, fire, and security experts so juries understand exactly how the death could and should have been prevented.

Note: Claims against public entities involve sovereign-immunity rules and shorter notice requirements. Call us early so we can protect your rights.

How We Build Wrongful Death Cases (and Who May Be Liable)

Use this quick guide to spot where your loved one’s case may fit and the first steps we’ll take to protect it

 If your loved one’s death fits any of these scenarios, your family likely has a strong path to a wrongful death claim in Florida. Call us now. 

We’ll preserve evidence, navigate Florida’s unique rules (including the 51% bar and med-mal restrictions), and fight for full compensation, not a discount version of justice.

What a Wrongful Death Lawyer in Orlando Can Help You Recover

When a family’s world is shattered, the law must do more than say “sorry.” It must pay for what was taken the bills, the income, the stability, and the human bonds that money can only imperfectly honor. Here’s what we relentlessly pursue in Florida wrongful death cases.

Economic Damages: Medical Bills, Lost Wages

These are the hard-dollar losses your family should never shoulder:

• Final medical expenses related to the fatal injury or illness.
• Funeral and burial/cremation costs that are reasonable and necessary.
• Loss of support and services the decedent provided (income + household contributions), from the date of injury forward.
• Loss of net accumulations (the savings/wealth your loved one would likely have built), recoverable by the estate when appropriate. To see how these financial losses translate into real outcomes, read our Wrongful Death Settlement.
• Other documented out-of-pocket costs tied to the death.

All of the above are recognized under Florida’s Wrongful Death Act, which specifies what survivors and the estate can recover. 

Your case demands precise proof. We document every bill, obtain earnings records, and work with economists so no financial loss is left off the table. 

Non-Economic Damages: Grief, Loss of Companionship

These are the human losses the ones that matter most:

• Spouse: loss of companionship and mental pain and suffering.
• Children: loss of parental companionship, instruction, guidance, and mental pain and suffering (rules vary by age and family status).
• Parents of a minor child: mental pain and suffering.

Important carve-out in medical malpractice deaths: if the only survivors are parents of an adult child or adult children of a deceased parent, Florida law bars their non-economic claims in medical negligence cases (a controversial rule we openly oppose, and we pursue every lawful avenue to maximize recovery despite it). 

Can I Claim Punitive Damages in Florida?

Yes when conduct crosses the line. Punitive damages punish gross negligence or intentional misconduct and require clear and convincing evidence. Florida also requires a specific procedural showing before adding a punitive claim. Learn the steps of a Wrongful Death Lawsuit and when punitive damages can be added.

• Standard & pleading: Courts must find a reasonable evidentiary basis before the claim is added; proof must be clear and convincing. 
• General cap: The award is usually capped at 3× compensatory damages or $500,000 (whichever is greater).
• Financial-gain exception: If misconduct was motivated primarily by unreasonable financial gain with actual knowledge of the danger, the cap increases to 4× compensatory damages or $2 million.
• No cap: Where the defendant intended harm or where the defendant’s judgment was impaired by alcohol/drugs, punitive damages are not capped.

We build punitive cases when the facts justify it because the threat (and reality) of punitives can dramatically shift settlement leverage in your favor.

Need a straight answer on your family’s specific recovery? We’ll quickly assess which damages apply to your case, who can claim them, and how we’ll prove every dollar and every human loss then we act.

Meet Louis Berk: Top Rated Orlando Wrongful Death Lawyer and Founder

When families in Orlando ask who should lead a wrongful-death case, our answer is clear: Louis Berk. A bilingual personal injury lawyer and the founder of Louis Berk Law, Louis built a practice committed to hands-on advocacy, personal attention, and courtroom-ready preparation for every case. 

Why Louis stands out:

• Hands-on from day one. You won’t get passed off to a case manager; Louis is directly involved from intake through resolution. 
• Bilingual advocacy that meets families where they are. Spanish-speaking clients get clear, compassionate communication sin barreras. 
• Built for high-stakes litigation. The firm was founded to try tough cases and negotiate from a position of strength.
• Community-rooted. With Venezuelan roots and a Florida upbringing, Louis brings cultural fluency and deep local ties to every case. 

What you can expect when Louis leads your case:

• Relentless evidence work (experts, records, and investigations aligned to Florida wrongful-death law).
• Clear, frequent updates so you always know the next step.
• Strategic settlement posture prepared to try the case when that’s what justice requires. 

If your family is seeking accountability after a preventable loss, Louis Berk is the advocate you want in your corner, approachable with clients, unyielding with insurers, and ready for trial.

The Louis Berk Law Method for Florida Wrongful Death Claims

Losing a loved one demands more than a cookie-cutter legal playbook. Our firm combines deep Orlando roots with courtroom firepower and hands-on client care. From day one, we move fast, build pressure, and protect your family’s rights with a plan tailored to your case and your goals.

Local Expertise & Proven Outcomes

Orlando isn’t just our market, it’s our home. We know Central Florida’s courts, roadways, and insurers, and we leverage that local insight to sharpen strategy and speed results.

Our team has recovered millions for injury victims and their families, and we bring that same intensity to wrongful death cases, meticulous investigation, expert-backed analysis, and negotiations built to win, not just “settle.” 

How this helps you fast:

• We understand local procedures and preferences that can influence timelines and outcomes. 
• We field the right Orlando-area experts (medical, accident reconstruction, and economics) to fortify liability and damages.
• Our results-driven approach is proven across serious-injury and wrongful-death matters, with no upfront costs. 

Holistic Legal & Emotional Support

A wrongful death claim is legal and deeply personal. We handle the legal fight while supporting your family’s healing. Beyond managing insurers, filings, and court dates, we connect clients with reputable local grief resources and practical guidance (from medical bills to probate coordination) so nothing falls through the cracks. For many families, a warm referral is the first real step forward. 

What you can expect:

• Thoughtful intake focused on your loved one’s story and your family’s needs.
• Referrals to Orlando-area grief groups and counseling options when you want them. 
• Clear, plain-English guidance on next steps no jargon, no guesswork.

No-Win, No-Fee Guarantee

You pay nothing up front ever. We work on a contingency fee, meaning we advance the costs to investigate and litigate, and we only get paid if we recover money for you. That aligns our incentives with yours and removes cost barriers so every family can access top-tier counsel when it matters most. 

In writing, from day one, our engagement terms spell out the contingency structure and cost handling so there are no surprises, only accountability. 

Client-First Communication (24/7 Availability)

Grief doesn’t run on business hours, and neither do we. You get direct access to our team 24/7 for updates, answers, or reassurance. We keep you informed at every phase and explain your options in simple, actionable terms. You’ll never wonder where your case stands. 

Our communication standards:

• 24/7 availability by phone, text, or message. 
• Proactive status updates, no chasing us for news.
• Every decision is made with your goals front and center.

With Louis Berk Law, you’re hiring a relentless, local, and fully accessible wrongful death team, no fees unless we win, and support for your family every step of the way.

Grief Support & Florida Legal Resources After a Wrongful Death

You shouldn’t have to navigate grief and legal red tape alone. Alongside building your claim, our team connects you with practical, immediately useful resources across Central Florida so you can focus on healing while we handle the legal fight.

Counseling and Grief Therapy in Orlando

Grief care isn’t a luxury; it’s essential. In Orlando, you have strong, credible options:

• Peer groups (often free): GriefShare hosts weekly small-group sessions across the area, including at local churches such as First Baptist Orlando. These programs pair education with community support so you don’t carry the weight alone. 
• Local navigation + specialized programs: NAMI Greater Orlando curates grief resources and points families to tailored supports (including programs for line-of-duty losses).
• Free online groups: The Mental Health Association of Central Florida offers virtual grief support, helpful when travel or schedules make in-person meetings hard.
• For families after a child’s death, Orlando Health – Arnold Palmer Hospital runs pediatric bereavement support specifically for parents and siblings.
• Faith-based counseling: Catholic Charities of Central Florida provides outpatient counseling with a sliding-fee approach. If faith is part of your healing, this is a steady, compassionate option.
• Children, teens, and young adults: New Hope for Kids offers grief programs for kids and virtual support for ages 18–25 at no cost. 
• Hospice-led workshops: VITAS Healthcare hosts community grief support, even if your loved one wasn’t in hospice care. 

Choose one support you can start this week group, one-on-one, or faith-based, and we’ll help you get connected fast.

Speak to a Florida Wrongful Death Lawyer Today

You shouldn’t have to fight insurers or paperwork while you’re grieving. Our Orlando team steps in immediately, preserving evidence, protecting your rights, and building the case so you can focus on your family. 

Free, no-pressure consultation. We’ll listen, answer your questions, and give you a clear plan by phone, video, or in person. Prefer Spanish? Hablamos español.

Call (407) 906-0500 or message us now for your free review. We’ll give you clear answers, a concrete plan, and an advocate who treats your case like family.