Wrongful Death Boutique Representation. Exceptional Results.

Orlando Wrongful Death Attorney

A Founder with an Engineering Background Fighting for Orlando Families in Wrongful Death Cases

Losing someone to another party's negligence leaves families with grief, financial uncertainty, and a legal process that demands precision at every step. Legally Pink Law represents Orlando families in wrongful death cases arising from car accidents, medical malpractice, premises liability, construction accidents, birth injuries, and other negligent acts. What sets our approach apart is founder Carolyn Salzmann's background in chemical engineering, combined with her work as a personal injury attorney. That combination matters in wrongful death cases, where reconstructing how an accident happened and calculating the full scope of economic losses can affect what a family may recover.

We've handled thousands of cases and recovered millions of dollars for our clients. Call (888) 979-4941 or contact us online to schedule a free case consultation with an Orlando wrongful death attorney.

What Wrongful Death Means Under Florida Law

Under Florida Statute section 768.19, wrongful death is any death caused by a wrongful act, negligence, default, or breach of contract or warranty. If the person who died had grounds for a personal injury claim had they survived, a wrongful death claim may exist. These are civil actions, separate from any criminal case the responsible party may face. The purpose is to compensate surviving family members and the estate, not to impose criminal penalties.

Who Has Legal Authority to File a Wrongful Death Lawsuit in Florida?

Florida Statute section 768.20 is specific: only the personal representative of the decedent's estate may file a wrongful death lawsuit. Individual family members can't bring separate claims. One lawsuit covers all eligible survivors and the estate together.

The personal representative is named in the decedent's will. If no will exists, the probate court appoints one, giving preference to the surviving spouse and then to the person selected by a majority of the heirs. Eligible beneficiaries under Florida Statute section 768.18 include the spouse, children (including adopted children), and parents. Blood relatives and adoptive siblings also qualify when they were partly or wholly dependent on the decedent for support or services.

In some circumstances, a wrongful death action and a survival action may proceed together. The survival action compensates the estate for harm the decedent suffered before death. The wrongful death action compensates surviving family members for their own losses after the death.

Damages Recoverable Under Florida's Wrongful Death Act

Florida's Wrongful Death Act separates what eligible survivors may claim from what the estate may claim independently.

Eligible survivors may seek compensation for:

Loss of companionship and protection
Loss of parental companionship, instruction, and guidance
Loss of support and services
Mental pain and suffering
Out-of-pocket medical and funeral expenses

The estate may separately recover:

The decedent's lost earnings
Loss of net accumulations
Medical and funeral expenses paid by the estate

Punitive damages may be available when the death resulted from intentional misconduct, reckless conduct, or gross negligence. There is generally no cap on economic damage awards in Florida wrongful death claims, though medical malpractice cases and suits against government entities may be subject to different rules.

When multiple parties share fault, such as a property owner and a third party, both may be named. We call on medical professionals, private investigators, and other consultants to build a strong damages case for each family we represent.

When a Wrongful Death Involves Medical Negligence

Florida applies a different rule when the death resulted from medical care. Section 768.21(8) bars adult children from recovering noneconomic damages for a parent's death caused by medical negligence, and bars parents from recovering those damages for the death of an adult child. Noneconomic damages are the human losses: grief, mental pain and suffering, lost companionship and guidance. The same family would recover those damages in full if the death had come from a car crash, a defective product, or a fall on someone's property.

That restriction does not always leave a family without a claim. Economic damages, medical expenses, funeral costs, and losses belonging to the estate may still be recoverable. Whether the provision applies at all can turn on the decedent's marital status, whether minor children survived, and whether the conduct meets the statutory definition of medical negligence rather than ordinary negligence. Those distinctions decide cases, and they are worth a conversation before anyone concludes nothing can be done.

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Thank you, Carolyn, and the team for all of your hard work!
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Professional, knowledgeable, and truly dedicated to my case.
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Your Questions, Answered

Get Clear, Straightforward Answers from Experienced Personal Injury Attorneys

Yes. The civil claim proceeds independently and does not wait for the criminal matter to conclude. A conviction is not required, because the civil standard of proof is lower.
Eligible survivors under section 768.18 and the decedent's estate, in shares determined by each party's losses and subject to court approval in certain cases.
Recovery is reduced by the decedent's share of responsibility, and Florida's comparative negligence rules bar recovery entirely past a certain threshold. Fault allocation is frequently disputed and rarely settled by the initial investigation.
Cases resolving through negotiation may conclude in months. Those requiring litigation typically run longer, and probate coordination can add time before a claim can even be filed.

View All FAQ

How We Build a Wrongful Death Case

To prevail in a wrongful death claim, we must demonstrate four elements of negligence: the defendant owed the decedent a duty of care; the defendant breached that duty; the breach legally caused the death; and the survivors suffered damages as a result. Building that proof requires investigation from the start.

Our Investigation Process

We draw on police reports, medical records, autopsy results, witness statements, and photographs. Carolyn Salzmann's engineering background allows her to analyze accident mechanics, interpret repair and damage documentation, and calculate economic losses with a precision that other counsel may overlook.

What Clients Can Expect

We handle all communications with insurers and opposing counsel so our clients aren't left to navigate those conversations alone. Cases may resolve through insurance negotiation or proceed to trial if a fair offer isn't reached. Throughout every stage, clients receive direct access to their attorney and 24/7 availability for urgent needs.

How a Wrongful Death Settlement Is Divided

Because a single lawsuit covers every eligible survivor and the estate, any recovery has to be allocated among them. Shares reflect each survivor's own losses rather than an equal division, so a dependent spouse and a financially independent adult child may receive vastly different amounts from the same settlement. Where the parties cannot agree, the probate court resolves it.

Court approval is required in several circumstances, including settlements involving minor children and allocations between the estate and the survivors. Liens add another layer. Health insurers, Medicare, Medicaid, and treating hospitals may all assert claims against the recovery, and those amounts are frequently negotiable. Resolving them before distribution determines what a family actually receives, which is often well below the figure in the settlement agreement.

Florida's Statute of Limitations for Wrongful Death Claims

Most wrongful death lawsuits in Florida must be filed within two years from the date of death under Florida Statute section 95.11(5)(e). Missing that deadline typically eliminates the right to seek compensation, regardless of how strong the underlying claim may be.

One exception applies to deaths caused by murder or manslaughter. Under Florida Statute section 95.11(11), those claims may be filed at any time, even if the accused hasn't been arrested, charged, or convicted.

Building a wrongful death case takes time. Identifying all liable parties, gathering documentation, and retaining the right consultants can take weeks or months. Acting promptly can protect the family's ability to recover and keep legal options open.

Why Orlando Families Choose Legally Pink Law

Legally Pink Law is an all-female, female-owned personal injury firm founded in Orlando in 2010. Carolyn Salzmann graduated third in her class from the University of Toledo College of Law and holds a Bachelor of Science in Chemical Engineering from the New Jersey Institute of Technology and an MBA from Pepperdine University. She is recognized as a Top 10 Personal Injury Attorney in Florida by Attorney and Practice Magazine and as a Top 10 Best Female Attorney in Florida by the American Institute of Personal Injury Attorneys.

Talk to an Orlando Wrongful Death Lawyer at No Cost

Wrongful death claims in Florida involve strict deadlines, probate court coordination, and investigative demands that can compound quickly after a loss. The sooner a personal representative works with a wrongful death attorney in Orlando, the better positioned the family may be to preserve evidence and meet filing requirements.

Consultations are free and confidential, and we're available around the clock.

Call Legally Pink Law today at (888) 979-4941 or contact us online to schedule your free consultation with a wrongful death lawyer in Orlando.

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At Legally Pink Law, we're always ready to take your call! Give us a call at (888) 979-4941 or fill out the form below to contact one of our team members.

First Name
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By submitting, you agree to receive text messages from Legally Pink Law at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy