Orlando Wrongful Death Attorney
Fatal Accident, Medical Negligence & Survivor-Claim Attorneys for Orlando Families
Compassionate representation for families who have lost a loved one due to negligence. Serving Orlando, Orange County, and all of Florida.
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Quick Facts: Orlando Wrongful Death
Cases Handled
Recovered for Clients
Years Combined Experience
Rating · 293 Reviews
Fighting for Families Who
Lost Everything
Compassionate, Confidential Advocacy
Losing a loved one to someone else's negligence is the worst thing a family can face. Our Orlando attorneys move at your pace, handle every conversation with insurers and defendants for you, and pursue accountability with the urgency these cases demand — so your family can grieve.
We Know Florida's Wrongful Death Act
Florida's Wrongful Death Act (§§ 768.16–768.26) is technical and unforgiving: only the estate's personal representative can file, and each survivor recovers different damages. We handle the probate appointment, identify every eligible survivor, and make sure no one's claim is left out.
Full Lifetime Value — Proven
Beyond funeral costs, a wrongful death upends a family's financial future. We retain forensic economists and life-care experts to prove lost lifetime support, services, and net accumulations — so the at-fault party's insurer cannot undervalue your loss.
Every Life,
Every Family Matters
When negligence takes a life on I-4, in a hospital, on a job site, or in a nursing home, Florida law gives the surviving family the right to hold the responsible parties accountable and recover for their loss. HOV Law handles Orlando wrongful death claims with compassion — and the trial record to make insurers and corporate defendants pay full value.

Your Path to Recovery
We handle the legal complexities so you can focus on healing.
Compassionate, No-Pressure Consultation
We understand how hard it is to seek legal help while grieving. Call (407) 801-0101 for a free, confidential consultation — in person, by video, by phone, or we come to you. We explain your family's rights under Florida law and handle everything with care and discretion.

Investigation & Evidence Preservation
We move immediately to preserve the evidence the other side would rather see disappear — crash data, surveillance footage, medical records, and maintenance or staffing records — and retain accident-reconstruction or medical experts to establish exactly how your loved one died and who is responsible.

Probate & Full Damage Assessment
We handle the probate step of appointing the personal representative, identify every eligible survivor, and work with forensic economists and life-care planners to calculate the full value of your family's loss — lost support and services, companionship, mental pain and suffering, and the estate's losses.

Trial-Ready Litigation in Orange County
If the insurer or defendant won't pay fair value, we file suit in the Orange County Courthouse and litigate before the Ninth Judicial Circuit Court. Our trial experience in front of Central Florida juries is what forces serious offers in these high-stakes cases.

Orlando Wrongful Death Lawyer — Justice and Security for Your Family
No amount of money can replace the person you lost. But when a loved one dies because of someone else's negligence, recklessness, or misconduct, Florida law gives your family the right to hold the responsible parties accountable and to recover for the devastating financial and emotional loss. HOV Law represents Orlando-area families — across Orange, Seminole, and Osceola counties — in wrongful death claims arising from fatal car and truck crashes, medical negligence, nursing-home neglect, defective products, workplace deaths, and unsafe premises.
These are the most emotionally difficult cases in personal injury law, and among the most legally complex. Florida's Wrongful Death Act has strict rules about who may file, who counts as a survivor, and what each survivor can recover — and the at-fault party's insurer is working to minimize your family's claim from the moment the death occurs. Our job is to take that fight off your shoulders: we handle the investigation, the probate step, the experts, and every conversation with the insurer, so your family can grieve.
Our office is at 135 W Central Blvd, Suite 1150, in downtown Orlando — across from the Orange County Courthouse where wrongful death cases are filed and litigated. We handle every case on a strict contingency-fee basis: no upfront costs, and no fee unless we recover for your family. Call (407) 801-0101 for a free, confidential consultation.
Why Orlando Families Choose HOV Law
- HOV Law is a local, downtown Orlando firm headquartered at 135 W Central Blvd, Suite 1150 — across from the Orange County Courthouse, not a billboard operation routing your call to an out-of-state intake center. Your case is handled personally by our attorneys.
- We Get Florida's Wrongful Death Act Right—Many firms (and most online guides) wrongly tell families that the spouse or children "file the claim." In Florida, only the estate's personal representative can file. Getting this right from day one — including the probate appointment — is the difference between a claim that moves forward and one that stalls.
- Trial-Ready From Day One—We prepare every wrongful death case as if it is going to trial, which is exactly what forces insurers and corporate defendants to make serious offers in high-value cases.
- The Right Experts—Wrongful death value turns on proof. We retain accident reconstructionists, medical experts, forensic economists, and life-care planners to establish liability and the full lifetime value of your family's loss.
- Track Record — More than $40 million recovered across 500+ cases, a 5-star aggregate rating from 293 Google reviews, and recognition in the Million Dollar Advocates Forum and Top 40 Under 40 Trial Lawyers. No upfront fees, and no fee unless we win. Learn more on our team page and at our Learn Center.
Who Can File a Wrongful Death Claim in Florida?
This is where most families — and many websites — get Florida law wrong. Under the Florida Wrongful Death Act, a single wrongful death lawsuit is filed by the <strong>personal representative of the deceased person's estate</strong> (Florida Statute § 768.20). Individual family members, no matter how close, do not file their own separate lawsuits. Instead, the personal representative brings one action on behalf of the estate and all eligible survivors, and must identify every survivor in the complaint.
The personal representative is the person named in the deceased's will, or — if there is no will — appointed by the probate court. Part of what we do at the outset of an Orlando wrongful death case is handle this probate step: getting the personal representative properly appointed so the wrongful death claim can be filed correctly and on time.
Because one lawsuit covers everyone, it is critical that the personal representative's attorney identifies and protects the interests of every eligible survivor from the start. A survivor who is overlooked can be left out of the recovery. HOV Law makes sure each eligible family member's losses are accounted for and pursued.
Who Counts as a "Survivor" Under Florida Law (§ 768.18)
- Florida Statute § 768.18 defines exactly who qualifies as a "survivor" entitled to recover in a wrongful death case. The category matters because it controls who shares in the recovery and what each person can claim:
- Surviving Spouse—The husband or wife of the deceased at the time of death.
- Children—All of the deceased's children, including adopted children. Note: Florida's wrongful death statute defines a "minor child" as a child under 25 for certain non-economic damages — broader than the usual age of majority of 18.
- Parents—The mother and father of the deceased (especially significant when the person who died was a child).
- Dependent Blood Relatives and Adoptive Siblings—Other blood relatives and adoptive brothers or sisters who were partly or wholly dependent on the deceased for support or services.
- Who is generally NOT a statutory survivor—Grandparents, aunts, uncles, cousins, unadopted stepchildren, unmarried partners, and fiancés are typically excluded. If your family situation is unusual, we will tell you honestly how the statute applies to you.
Damages Available to Orlando Wrongful Death Families (§ 768.21)
- Florida Statute § 768.21 spells out what each survivor—and the estate — may recover. Different survivors are entitled to different categories of damages, which is why identifying every survivor correctly matters so much:
- Surviving Spouse—Loss of the deceased's companionship and protection, and the spouse's own mental pain and suffering from the date of injury.
- Children—Loss of parental companionship, instruction, and guidance, plus mental pain and suffering. (Minor children always recover these; adult children may recover them when there is no surviving spouse.)
- Parents—Mental pain and suffering for the loss of a child (all parents of a deceased minor child; parents of a deceased adult child when there is no other survivor).
- Lost Support and Services—Every survivor may recover the value of the support and services the deceased provided, from the date of injury into the future, reduced to present value.
- Medical and Funeral Expenses—Recoverable by whoever paid them (a survivor or the estate).
- Estate's Losses—The estate may recover lost earnings of the deceased from injury to death, lost net accumulations (what the deceased would likely have saved and left to the estate), and medical and funeral expenses paid by the estate.
- There is no statutory cap on these compensatory damages in an ordinary negligence case, and in cases of egregious misconduct, punitive damages may also be available.
The Medical Malpractice Limitation Families Need to Know
Florida's Wrongful Death Act contains a controversial limitation for deaths caused by medical negligence (the provision commonly called the "Free Kill" law, § 768.21(8)). Historically, it has barred certain survivors in medical-malpractice death cases — specifically adult children (25 or older) of a deceased parent, and parents of a deceased adult child — from recovering non-economic damages such as mental pain and suffering.
This provision is heavily litigated and has been the subject of repeated legislative efforts to change it, so its scope is an evolving area of Florida law. Whether and how it applies depends on the facts of the case, the survivors involved, and the law in effect — which is exactly the kind of analysis families should not try to navigate alone.
Common Causes of Wrongful Death in Orlando
- Wrongful death claims arise from many forms of negligence. The cases our Orlando attorneys handle most often include:
- Fatal Motor Vehicle Crashes — Deadly collisions on I-4 (ranked the deadliest highway in America), the 408, Colonial Drive, Orange Blossom Trail, and the Turnpike, caused by speeding, distracted, drowsy, or impaired drivers. See our car accident and motorcycle accident pages.
- Truck and Commercial Vehicle Fatalities — When an 80,000-pound semi takes a life, the claim involves federal FMCSA rules, multiple defendants, and high-limit commercial insurance. See our dedicated Orlando fatal truck accident lawyer page.
- Medical Negligence — Surgical errors, misdiagnosis, medication and anesthesia mistakes, birth injuries, and failure to treat. See our medical malpractice page.
- Nursing Home and Elder Neglect — Falls, bedsores, dehydration, medication errors, and abuse in Orange County facilities. See our nursing home abuse page.
- Drunk Driving Deaths — Fatal DUI crashes, which often support punitive damages. See our drunk driving accident page.
- Workplace and Construction Fatalities—Falls, equipment failures, electrocutions, and toxic exposure on Central Florida job sites.
- Defective Products and Dangerous Drugs—Fatalities caused by faulty vehicles, products, medical devices, and medications.
- Premises Liability and Negligent Security—Fatal falls, drownings, and shootings or assaults enabled by inadequate security at apartments, hotels, and businesses.
Wrongful Death vs. a Criminal Case — and the Survival Action
Families are often confused about how a wrongful death claim relates to a criminal prosecution. They are entirely separate. A criminal case is brought by the State to punish the offender and requires proof "beyond a reasonable doubt." A wrongful death claim is a civil case your family brings to recover compensation, and it uses a lower standard — "preponderance of the evidence." The two proceed independently.
That means your family can have a valid, winnable wrongful death claim even if no criminal charges were ever filed, or if the defendant was charged and acquitted. The civil case stands on its own.
Florida law also recognizes a related "survival" component handled within the wrongful death framework — addressing the deceased's own losses (such as pre-death medical bills and the estate's losses) alongside the survivors' claims. HOV Law makes sure both the survivors' damages and the estate's damages are fully pursued.
Comparative Fault in Orlando Wrongful Death Cases
Defendants frequently try to shift blame onto the person who died — arguing the deceased was speeding, not wearing a seatbelt, or otherwise partly responsible. Florida's modified comparative negligence rule (Florida Statute § 768.81) means the decedent's percentage of fault reduces the family's recovery, and if the decedent is found more than 50% at fault, the 51% bar can defeat the claim entirely (outside of medical-negligence cases).
How Long Your Family Has to File — Florida's Deadline
Florida's statute of limitations for wrongful death is generally two years from the date of death (Florida Statute § 95.11(4)(e)). Miss that deadline and the court will dismiss the case and your family loses the right to recover, no matter how strong the claim.
Some situations carry shorter or different timing rules. Claims against a government entity — a city, county, or state agency such as FDOT — require pre-suit notice and are governed by special procedures and sovereign-immunity caps under § 768.28. Medical-malpractice wrongful death cases have their own pre-suit investigation and notice requirements that take time to complete before a suit can even be filed.
Beyond the legal deadline, evidence disappears fast — surveillance footage, vehicle data, and records can be lost or overwritten within days or weeks. The sooner you contact HOV Law, the more of the proof we can preserve. Call (407) 801-0101.
How Orlando Wrongful Death Settlements Are Valued
- There is no single "average" wrongful death settlement—value depends on the specific losses Florida law allows your family to recover. The biggest drivers of value include:
- The Deceased's Lost Earnings and Support—Age, occupation, income, and work-life expectancy drive the lost-support and net-accumulation figures, calculated by forensic economists.
- The Survivors and Their Relationship—Who survives (spouse, minor vs. adult children, dependent parents) determines which non-economic damages — companionship, guidance, mental pain and suffering — are recoverable.
- The Strength of Liability—Clear, well-documented fault commands far higher value than a disputed-liability case where the defense can argue comparative fault.
- Available Insurance and Defendants—The more responsible parties and policies we identify (driver, employer, carrier, property owner, manufacturer), the more coverage is available to pay the claim.
- Egregiousness—Drunk driving, gross negligence, or a corporate defendant's reckless conduct can support punitive damages on top of compensatory damages.
- We build each case to maximize every one of these factors. Many Orlando wrongful death cases resolve in the six-and seven-figure range — but only when liability and damages are proven with the right evidence and experts.
What to Do After a Wrongful Death in Orlando
- Contact HOV Law as Soon as You Are Able—Time is critical: evidence must be preserved, witnesses interviewed, and deadlines met. We offer free, confidential, no-pressure consultations and can come to you.
- Preserve Everything—Keep accident reports, medical records, bills, insurance policies, and any correspondence from the other side. Do not discard your loved one's vehicle, devices, or belongings related to the incident — they may be evidence.
- Do Not Accept or Sign Anything From an Insurer—Insurers sometimes approach grieving families quickly with offers designed to look generous while paying a fraction of the claim's value. Do not sign a release or give a recorded statement without talking to an attorney.
- Document the Financial Impact—Keep records of funeral and burial costs, pre-death medical bills, and the deceased's income and contributions to the family.
- Let Your Legal Team Handle the Rest—Once you retain HOV Law, you do not have to speak with investigators, adjusters, or opposing counsel. We handle all communication while your family focuses on healing.
Orlando Communities We Serve
- HOV Law represents wrongful death families throughout the entire Orlando metro area—Orange, Seminole, and Osceola counties — including:
- Downtown Orlando and the Central Business District—minutes from our office and the Orange County Courthouse.
- Lake Nona, Dr. Phillips, and the I-Drive Corridor—fast-growing and tourism-heavy areas with major hospitals and dense traffic.
- Winter Park, Maitland, and Baldwin Park—established neighborhoods near downtown.
- Avalon Park, Waterford Lakes, and the UCF Area—east Orange County along SR 408 and Alafaya Trail.
- Altamonte Springs, Longwood, Lake Mary, and Sanford—Seminole County along the I-4 corridor.
- Apopka, Ocoee, Winter Garden, Horizon West, and Windermere—fast-growing northwest and southwest Orange County.
- Kissimmee, St. Cloud, and Celebration—Osceola County along US 192, the Turnpike, and SR 417.
Our Downtown Orlando Office
HOV Law is located at 135 W Central Blvd, Suite 1150, Orlando, FL 32801 — directly across from the Orange County Courthouse and the Ninth Judicial Circuit Court, where wrongful death cases are filed and litigated. Free, confidential consultations are available in person, by video, or by phone, and if it is easier for your family, our attorneys will come to you anywhere in Orange, Seminole, or Osceola county.
Call (407) 801-0101 anytime — we are available 24/7 for a free, confidential review of your family's wrongful death case.
HOV Law's Awards, Recognition & Credentials
HOV Law currently maintains a 5-star aggregate rating across 293 Google reviews from clients across Florida. Peer-recognized honors include membership in the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum, Top 40 Under 40 Trial Lawyers recognition, Super Lawyers Rising Stars, and AVVO Top-Rated Attorney recognition. Lead attorney Serge Hovhanessian, Esq. is admitted to The Florida Bar and the U.S. District Court for the Middle District of Florida and practices in English, Arabic, Armenian, and Spanish.
Florida Laws That Affect Your Case
Statute of Limitations
In Florida, you have a limited time to file your claim: 2 years for negligence (FL Statute § 95.11). Missing this deadline typically means you lose your right to compensation permanently.
“Time is your most valuable asset after an injury. Contact a Orlando attorney immediately to ensure your claim is preserved.”
Modified Comparative Negligence
Florida follows a modified comparative negligence system. If you are found to be more than 50% at fault, you are barred from recovering any damages. Otherwise, your compensation is reduced by your percentage of fault.
Florida Insurance System
Florida operates under a No-Fault (PIP required) system. $10,000 PIP coverage required.
Key Florida Legal Facts
Local Knowledge: Orlando
High-Risk Roads & Highways
- I-4 (one of the deadliest highways in America)
- SR 408
- Colonial Drive (SR 50)
- Orange Blossom Trail
Local Courts
- Orange County Courthouse
- Ninth Judicial Circuit Court
Areas We Serve Near Orlando
- Kissimmee
- Winter Park
- Sanford
- Altamonte Springs
- Apopka
Orlando Landmarks
- Downtown Orlando
- International Drive
- Lake Eola
- Universal Studios
What Compensation May Cover
Under Florida law, you may be entitled to recover damages for the full impact of your injuries.
Economic Damages
- • Medical bills (past & future)
- • Lost wages & earning capacity
- • Property damage
- • Rehabilitation costs
Non-Economic Damages
- • Pain and suffering
- • Mental anguish
- • Loss of consortium
- • Physical impairment
Related Practice Areas in Orlando
Wrongful Death cases often involve overlapping injuries and legal claims. Our Orlando attorneys also handle these related areas:
Other Personal Injury Services in Orlando
Also serving Orlando for Criminal Defense:
Serge Hovhanessian, Esq.
Founding Attorney at HOV Law | Florida Bar | Million Dollar Advocates Forum | Top 40 Under 40 Trial Lawyers
Attorney Hovhanessian has recovered over $40 million for personal injury victims across Florida.Read full bio →
Verified 5-Star Google Reviews
What Orlando Clients Say About HOV Law
A 5.0-star average across 293 Google reviews. Hear directly from clients we've represented in Orlando and across Florida.
Orlando Wrongful Death FAQs
Who can file a wrongful death lawsuit in Florida?
In Florida, only the personal representative of the deceased person's estate can file the wrongful death lawsuit (§ 768.20). Individual family members do not file separate claims — the personal representative brings one action on behalf of the estate and all eligible survivors and must list every survivor. HOV Law handles the probate step of getting the personal representative appointed so the claim is filed correctly and on time.
Who counts as a survivor who can recover in a Florida wrongful death case?
Under Florida Statute § 768.18, survivors include the surviving spouse, the deceased's children (including adopted children), the deceased's parents, and certain blood relatives and adoptive siblings who were dependent on the deceased. For some non-economic damages, the statute treats a "minor child" as anyone under 25. Grandparents, stepchildren who were never adopted, unmarried partners, and fiancés are generally not statutory survivors.
How long do I have to file a wrongful death claim in Florida?
Generally two years from the date of death (Florida Statute § 95.11(4)(e)). Claims against a government entity require earlier pre-suit notice, and medical-malpractice wrongful death cases have their own pre-suit investigation requirements that take time. Because evidence also disappears quickly, contact HOV Law at (407) 801-0101 as soon as possible.
What damages can my family recover in an Orlando wrongful death case?
It depends on the survivor. A surviving spouse can recover lost companionship and protection plus mental pain and suffering; children can recover lost parental guidance and companionship and mental pain and suffering; parents can recover mental pain and suffering for the loss of a child. All survivors can recover lost support and services, and the estate can recover lost earnings, lost net accumulations, and medical and funeral expenses. There is no cap on these compensatory damages in ordinary negligence cases.
How much is a wrongful death case worth in Florida?
There is no single average — value depends on the deceased's age, income, and work-life expectancy, which survivors exist and their relationship to the deceased, the strength of liability, available insurance, and whether the conduct supports punitive damages. Many Orlando wrongful death cases resolve in the six- and seven-figure range. HOV Law works with forensic economists and life-care planners to prove the full value of your family's loss.
Can I file a wrongful death claim if there was no criminal case or conviction?
Yes. A wrongful death claim is a separate civil case with a lower standard of proof ("preponderance of the evidence") than a criminal case ("beyond a reasonable doubt"). Your family can have a valid, winnable claim even if no criminal charges were filed or the defendant was acquitted.
My loved one died from a medical mistake — does Florida's "Free Kill" law bar my claim?
Florida's wrongful death statute has historically limited non-economic damages in medical-malpractice deaths for adult children of a deceased parent and parents of a deceased adult child (§ 768.21(8)) — the so-called "Free Kill" provision. It is heavily litigated and has been the subject of ongoing legislative change, so its scope is evolving. Do not assume your family has no claim. HOV Law will evaluate how the current law applies to your specific case and pursue every available avenue of recovery.
What is the difference between a wrongful death claim and a criminal case?
A criminal case is brought by the State to punish the offender and can result in jail or fines. A wrongful death claim is a civil case your family brings to recover financial compensation. They are independent and can proceed at the same time. A criminal conviction is not required to win a wrongful death claim.
What if my loved one was partly at fault for the accident?
Florida follows modified comparative negligence (§ 768.81). The decedent's percentage of fault reduces the family's recovery, and if the decedent is found more than 50% at fault, the 51% bar can defeat the claim (outside medical-negligence cases). Defendants aggressively try to blame the person who died — HOV Law uses reconstruction, data, video, and witnesses to establish that the defendant bears the fault.
How long does a wrongful death case take in Orlando?
Many resolve within one to two years, though cases with disputed liability, multiple defendants, or that must be tried can take longer. HOV Law works efficiently while never sacrificing value — we prepare every case for trial, which is what drives the strongest settlements.
How much does an Orlando wrongful death lawyer cost?
HOV Law handles every wrongful death case on a contingency-fee basis: no upfront cost, no out-of-pocket expense during the case, and no attorney fee unless we recover for your family. The consultation is free and confidential.
Do we have to go to court, or can the case settle?
Most wrongful death cases settle without a trial. But the cases that settle for full value are the ones built and prepared as if they will be tried. HOV Law develops every case for trial, which is what gives insurers and corporate defendants a reason to pay fairly — and we are ready to go to court if they will not.
Can we pursue the company, not just the individual who caused the death?
Often yes. Employers can be liable for the negligence of employees acting in the scope of their work (respondeat superior), trucking companies for their drivers and carriers, property owners for unsafe conditions and inadequate security, and manufacturers for defective products. Identifying every responsible party and insurance policy is central to maximizing your family's recovery — and a core part of what we do.
Why choose HOV Law for an Orlando wrongful death case?
HOV Law is headquartered in downtown Orlando, across from the Orange County Courthouse — local, with your case handled personally by our attorneys, not an out-of-state intake center. We know Florida's Wrongful Death Act, handle the probate appointment, retain the right experts, and prepare every case for trial. We have recovered more than $40 million across 500+ cases with a 5-star rating from 293 Google reviews. No upfront fees, and no fee unless we win.
Lost a Loved One to
Negligence in Orlando?
Your family deserves answers, accountability, and financial security. HOV Law is based in downtown Orlando and handles every wrongful death case on a no-win, no-fee basis. Call for a free, confidential consultation.
