Lost Someone in a Crash? An Orlando Fatal Car Accident Lawyer Who Will Stand With Your Family.

Only the personal representative of the deceased person's estate. The personal representative files one claim on behalf of the estate and all survivors — the spouse, children and parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the person who died. If no personal representative has been appointed, the probate court can appoint one. We help your family through that process.

Most wrongful death claims must be filed within two years of the date of death, which may be later than the date of the crash. Claims involving a government vehicle or road have notice requirements that come sooner. Evidence such as video, vehicle data and witness memories starts to disappear right away, so it's best to talk with an attorney as soon as your family is ready.

Yes. Florida requires the personal representative of the estate to bring the wrongful death claim. If there's a will, it usually names that person. If there isn't, the probate court appoints someone, often a surviving spouse or adult child. Our attorneys coordinate the appointment so your family's claim can be filed on time.

Yes. A criminal case, such as vehicular homicide or DUI manslaughter, is separate from your family's civil claim, and you don't need to wait for it to end. A conviction can help the civil case. And because the civil burden of proof — the greater weight of the evidence — is lower than the criminal standard of beyond a reasonable doubt, a family can win a wrongful death case even if the driver is acquitted.

In many states, the estate can bring a separate survival action for the pain the person suffered before death. Florida is different: when crash injuries cause the death, the injury claim does not survive, and the Wrongful Death Act takes its place. Survivors recover their own losses, and the estate recovers items such as lost earnings, medical bills and funeral costs it paid. A survival action generally applies only if the person later died of an unrelated cause.

It depends on each survivor's relationship to the person who died. Survivors can recover lost support and services. A spouse can recover for lost companionship and protection and mental pain and suffering. Children can recover for the loss of a parent's companionship, instruction and guidance. Parents can recover for their grief in some situations. The estate can recover lost earnings, medical bills and funeral costs it paid. Punitive damages may be available in limited cases, such as a drunk driver.

With the same goal as any other claim: paying as little as possible. They may offer a quick settlement before the family's losses are known, dispute fault, or question the earnings and future your loved one would have had. Our wrongful death attorneys handle every communication and document each survivor's losses so the claim reflects what your family actually lost.

It varies. Some claims resolve within a year or so; cases with disputed fault, several defendants or a criminal case running at the same time can take longer, and a lawsuit can add a year or more. We'll give you a realistic timeline once we know the facts and the insurance involved, keep your family informed at every step, and never rush a case to settle for less than it's worth.