Losing a family member to someone else's negligence brings a kind of indescribable grief that affects every part of your life. And while you're still absorbing the shock, bills arrive, insurance adjusters call, and decisions pile up that you never expected to face. If you're searching for an Orlando wrongful death accident lawyer, you're likely caught between mourning and managing a sudden flood of legal and financial pressures.
At Spetsas Buist, we've represented families throughout Central Florida after fatal car crashes, drownings, premises accidents, and other preventable deaths. Years of this work change you. When we meet with clients dealing with devastating losses, we see people who remind us of our own families and friends. We'd want someone fighting hard for us in the same situation.
Call us today for a free consultation with our Orlando wrongful death lawyers or reach out online.
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Table of contents
- Key Facts About Orlando Wrongful Death Accident Lawsuits
- What Sets Our Orlando Wrongful Death Lawyers Apart?
- Who May File a Wrongful Death Lawsuit in Orlando?
- Who May Receive Compensation in an Orlando Wrongful Death Case?
- Types of Fatal Accidents That Lead to Wrongful Death Claims
- Compensation Available in Florida Wrongful Death Cases
- What Is a Survival Action in Florida?
- How Florida's Comparative Fault Rules Affect Your Claim
- The Two-Year Deadline for Filing a Wrongful Death Lawsuit
- Steps to Protect Your Wrongful Death Claim
- How Orlando Wrongful Death Claims Work
- Common Questions About Orlando Wrongful Death Claims
- Take the Next Step to Protect You and Your Family
Key Facts About Orlando Wrongful Death Accident Lawsuits
- Florida's Wrongful Death Act allows surviving spouses, children, parents, and other dependents to pursue compensation for their losses.
- Only the personal representative of the deceased person's estate may file a wrongful death lawsuit in Florida.
- Recoverable damages include loss of income, loss of companionship, mental pain and suffering, and funeral expenses.
- The statute of limitations for most Florida wrongful death claims is two years from the date of death.
- Our Orlando wrongful death attorneys have recovered seven-figure settlements and have former insurance defense experience.
What Sets Our Orlando Wrongful Death Lawyers Apart?
Founding attorneys Nick Spetsas and Charles Buist started this firm because they saw too many families treated like case numbers instead of people. Many big billboard firms settle cases quickly to maximize volume. Spetsas Buist takes a different approach.
Former insurance defense experience
Several of our attorneys used to represent insurance companies and defend against wrongful death claims. We know their playbook. We know how they evaluate cases, minimize payouts, and pressure families into accepting less than fair value. Now we use that knowledge to fight for families instead.
Direct attorney access
When you call our office across from Lake Eola Park in downtown Orlando, you talk to a lawyer, not a call center. Not a staff member reading from a script. You get your attorney's cell phone number and direct email. We believe families dealing with wrongful death losses have earned that level of attention.
Trial-ready representation
Insurance companies pay more when they know a law firm will actually go to trial. Our Orlando wrongful death attorneys file lawsuits and prepare every case as if it's going before a jury. We don't back down from litigation, and insurance adjusters know it.
Who May File a Wrongful Death Lawsuit in Orlando?
Florida law requires a personal representative to file wrongful death claims on behalf of the estate and surviving family members. This isn't something families choose on their own. The Orange County courts appoint the personal representative, typically someone named in the deceased person's will or a close family member.
The personal representative acts as a legal stand-in for everyone affected by the death, including the estate itself and individual survivors who may recover different types of compensation.
Because only a court-appointed personal representative may file a wrongful death lawsuit in Florida, families often need both a wrongful death attorney and a probate attorney working together.
The wrongful death lawyer focuses on proving negligence and pursuing compensation, while the probate lawyer handles the court process of opening the estate and securing the representative appointment. At Spetsas Buist, our Orlando wrongful death attorneys work closely with the probate side and guide clients through this complex process.
Who May Receive Compensation in an Orlando Wrongful Death Case?
Florida's Wrongful Death Act identifies specific family members who may recover damages. Your relationship to the deceased person determines what types of compensation you may pursue.
- Surviving spouses may recover compensation for loss of companionship, protection, mental pain and suffering, and lost support.
- Minor children may recover compensation for lost parental guidance, instruction, companionship, and mental anguish.
- Parents of minor children may recover for mental pain and suffering.
- Parents of adult children may recover for mental pain and suffering only if no spouse or minor children survive.
- Other blood relatives and adoptive siblings who depended on the deceased for support
Each survivor's claim differs based on their relationship and financial dependence. The Orlando wrongful death lawyers at Spetsas Buist review your family's situation to identify every potential avenue for recovery.
Types of Fatal Accidents That Lead to Wrongful Death Claims
Preventable deaths happen in many ways, and our Orlando wrongful death attorneys have experience pursuing claims across a wide range of circumstances.
Amusement park accidents
Orlando is home to more theme parks and entertainment centers than any other city in the world. Our city draws tens of millions of visitors annually to Walt Disney World, Universal Studios, SeaWorld, and many other theme parks and attractions. When safety failures, inadequate maintenance, or operator negligence lead to a fatality, families may pursue wrongful death claims against park owners and operators.
Car accidents
Orange County recorded 148 fatal crashes resulting in 155 deaths in one recent year, averaging nearly one deadly accident every two days. Interstate 4, Colonial Drive, and Orange Blossom Trail see heavy traffic and frequent fatal collisions. Distracted driving, speeding, and tourists unfamiliar with local roads contribute to deadly crashes throughout the area.
Truck accidents
Commercial truck collisions often cause catastrophic injuries or death due to the size and weight of 18-wheelers. These cases frequently involve multiple liable parties, including drivers, trucking companies, and cargo loaders.
Negligent security
Property owners have a duty to provide reasonable security measures. When inadequate lighting, broken locks, lack of security personnel, or other failures contribute to a fatal assault or crime, surviving families may have a wrongful death claim.
Motorcycle accidents
Motorcyclists face extreme vulnerability on Central Florida roads. Orange County recorded over 540 motorcycle crashes and 30 fatalities in one recent year.
Pedestrian and bicycle accidents
Nearly 700 pedestrian crashes occurred in Orange County in a recent year. Areas near International Drive, downtown Lake Eola, and tourist corridors pose particular dangers for pedestrians and bicyclists.
Drunk driving accidents
Impaired drivers cause preventable deaths throughout Orlando. These cases may allow families to pursue punitive damages in addition to standard wrongful death compensation.
Rideshare accidents
Fatal Uber and Lyft accidents raise questions about driver negligence and corporate liability. Our attorneys identify all potentially responsible parties in rideshare fatality cases.
Regardless of how your loved one died, our Orlando wrongful death law firm investigates every angle to hold negligent parties accountable.
Compensation Available in Florida Wrongful Death Cases
The Florida Wrongful Death Act divides recoverable damages between the estate and individual survivors. The types of compensation depend on who survived the deceased person and their relationship.
What the estate may recover
The personal representative pursues certain damages on behalf of the estate itself. These amounts go through probate and may be subject to creditor claims before distribution to heirs.
- Lost earnings from the date of injury through the date of death
- Medical expenses incurred before death
- Funeral and burial costs paid by the estate
- Loss of prospective net accumulations (the savings and assets the deceased would likely have built over their lifetime)
What surviving family members may recover
Individual survivors may pursue compensation for their personal losses. These damages go directly to the family member, not through the estate.
Spouses and minor children typically recover the most substantial awards because Florida law allows them to claim both economic losses and emotional damages. This includes compensation for lost support, lost companionship and protection, and mental pain and suffering.
Parents who lose a minor child may recover for their mental anguish. Parents of adult children face more restrictions under Florida law, particularly in cases involving medical negligence.
Our Orlando wrongful death law firm calculates every category of damages your family may pursue and fights for full and fair compensation.
What Is a Survival Action in Florida?
A survival action is separate from a wrongful death claim. It allows the estate to pursue compensation for the deceased person's own pain, suffering, and losses between the time of injury and death. If your loved one survived for any period after the accident, the estate may have both claims. Our Orlando wrongful death attorneys handle survival actions alongside wrongful death cases to pursue every avenue of recovery for your family.
How Florida's Comparative Fault Rules Affect Your Claim
Florida follows a modified comparative negligence system under Florida Statute § 768.81. If the deceased person shared some responsibility for the accident, recoverable damages are reduced by their percentage of fault.
Insurance companies often try to shift blame onto accident victims who cannot speak for themselves. Our experienced Orlando wrongful death accident lawyers gather evidence, work with reconstruction professionals, and challenge unfair attempts to diminish your claim's value.
The Two-Year Deadline for Filing a Wrongful Death Lawsuit
Florida Statute § 95.11 sets a strict two-year statute of limitations for most wrongful death claims. This clock starts on the date of death, not the date of the accident. Missing this deadline typically means losing the right to pursue compensation.
Claims against government entities may have shorter deadlines and additional notice requirements, so speak with an attorney about your specific situation.
Two years may sound like plenty of time, but it passes quickly. Grief makes the first months blur together. Funeral arrangements, settling affairs, and trying to manage daily life without your loved one. Meanwhile, evidence disappears, witnesses forget details, and insurance companies quietly gather information that they may use against your case.
Speaking with an Orlando wrongful death lawyer now costs nothing and protects your family from preventable setbacks later.
Steps to Protect Your Wrongful Death Claim
Once you've had time to address immediate concerns, taking a few simple steps now can strengthen your family's legal options.
- Hire an Orlando wrongful death lawyer first. Insurance companies start investigating fatal accidents immediately. They send adjusters to accident scenes, contact witnesses, and request recorded statements from grieving families. Having legal representation levels the playing field and prevents costly mistakes.
- Preserve all evidence. Keep your loved one's medical records, bills, pay stubs, tax returns, and any documentation of their income and contributions to the household. Save photographs, text messages, and any other items that show the life you shared together.
- Avoid speaking with insurance adjusters. Adjusters sound sympathetic, but their job is to minimize payouts. Anything you say may be used to reduce your claim's value. Direct all insurance communications to your attorney.
- Document your losses. Keep a journal of how your loved one's death affects daily life. Note the tasks they handled, the emotional toll on your children or other family members, and the financial strain. This information helps calculate non-economic damages.
How Orlando Wrongful Death Claims Work
Most wrongful death cases follow a predictable path, though timelines vary based on case complexity and whether litigation becomes necessary.
Your attorney begins by investigating the accident, gathering evidence, and identifying all potentially liable parties. This may include drivers, employers, property owners, manufacturers, or government entities.
In Orange County cases, investigations usually involve reviewing police reports, obtaining traffic camera footage, and consulting accident reconstruction professionals.
Once the investigation identifies all liable parties, your lawyer calculates damages and sends a demand to the responsible parties' insurance carriers. Settlement negotiations follow. Many wrongful death claims resolve during this phase without filing a lawsuit.
If insurers refuse to offer fair compensation, your attorney files a wrongful death lawsuit in Orange County Circuit Court. Litigation involves discovery, depositions, and potentially mediation before trial. While most cases settle before a jury verdict, having trial-ready lawyers strengthens your negotiating position throughout.
Our Orlando wrongful death law firm handles every step so you and your family have more of the time and energy you need to focus on healing.
Common Questions About Orlando Wrongful Death Claims
How long does a wrongful death case take to resolve?
Timeframes vary significantly from case to case. Straightforward cases with clear liability may settle within six to twelve months. Cases requiring litigation normally take longer. Factors include the number of defendants, insurance policy limits, and whether liability is disputed. Your attorney’s goal is to resolve your claim as efficiently as possible without sacrificing its full and fair value.
What if I'm not sure who caused my loved one's death?
Investigations reveal the responsible parties. Fatal accidents often involve multiple liable parties, such as a negligent driver plus their employer, or a property owner plus a maintenance contractor. Your attorney identifies all potential defendants to maximize your recovery.
Do wrongful death settlements get taxed?
Compensation for physical injuries and wrongful death is generally not taxable under federal law. However, certain components, such as punitive damages or interest, may have tax implications. Consult a tax professional for more guidance on your specific situation.
What if my loved one was partially at fault?
Florida's comparative fault rules reduce but don't eliminate recovery unless the deceased was more than 50% responsible. Insurance companies frequently exaggerate the victim's fault to reduce payouts. An experienced attorney protects against unfair blame-shifting.
How much does an Orlando wrongful death lawyer cost?
Spetsas Buist handles wrongful death cases on contingency. You pay nothing up front and owe no attorney fees unless we recover compensation for your family. We also advance all case costs with no interest charges.
Take the Next Step to Protect You and Your Family
Your loved one's death left a hole that no compensation can fill. But pursuing a wrongful death claim holds negligent parties accountable and provides financial security for your family's future. This added security can lift much of the strain from you during an already challenging time.
At Spetsas Buist, we’ve spent years fighting for Orlando families after preventable deaths. We see our neighbors, our friends, and our own families in every client we represent. That's why we answer our phones, return calls promptly, and treat every case with the attention and urgency it deserves.
Call us or contact us online for a free consultation with an Orlando wrongful death accident attorney. You'll speak directly with a lawyer who listens to your story and explains your options. No pressure. No obligation. Just honest answers when you need them most.