Spouse
May have claims for lost support and services, companionship and protection, and mental pain under the statute.
Miller & Jacobs · Orlando, Florida
Orlando Wrongful Death Lawyers for Families Seeking Answers
You may be making arrangements and taking calls while still trying to understand how someone you love died.
Tell us what you know, even if some details are unclear. We will listen, review whether someone else's actions may have caused the death, and explain your family's options under Florida law.
The first conversation is free. No attorney fee unless compensation is recovered for your family.
50+ years of combined legal experience
230+ jury trials across the partners' careers
Orlando office on South Kirkman Road
Free consultation about your next steps
A place to begin
You can start with what you know.
The first conversation does not have to cover everything. Tell us when and where the death happened, what you have been told, and what concerns you most. If some details are unclear, that is okay.
You do not have to decide who was at fault, open an estate, or gather every record before calling. Our Orlando personal injury team can help you understand whether a wrongful death claim may be available and how the family and estate fit into the process.
We can explain unfamiliar terms and help you focus on what needs attention first.
A conversation comes first
“You do not have to remember every detail today. Tell us what you can, and we will help you sort through what comes next.”
When you are grieving, dates and conversations can be hard to piece together. You can come to us with questions and incomplete information. We will listen and help identify what needs attention first.
Who can bring a claim
One person files, but the claim may account for several family members.
The person who brings the case is not necessarily the only one with a loss. Florida requires a personal representative to bring the wrongful death action for eligible survivors and the estate. That role does not make every loss theirs personally.
The filing role
Personal representative
If no one has been appointed, you can still ask about the case. The person named in a will may be eligible, or the probate court may appoint someone if there is no will. The claim identifies the people who may benefit and the estate’s potential losses. See Florida’s filing rule ↗
Children
Age, the presence of a surviving spouse, and the type of case affect which categories apply.
Parents
The child's age, other survivors, and any medical negligence can change the available recovery.
Estate
May have its own statutory claims for certain lost earnings, net accumulations, and expenses charged to it.
Other blood relatives and adoptive siblings may qualify as survivors when partly or wholly dependent on the person for support or services. The facts determine each person’s position. For an Orange County resident, the Orange County Clerk explains the probate filing process ↗. The proper court for the civil claim depends on the case and is not assumed from the office location.
What the law may recognize
How Florida law treats a family's losses.
Compensation cannot undo your family’s loss. Florida law identifies separate losses for eligible survivors and for the estate, including support, companionship, and certain expenses. The person’s role in the family and the details of the claim matter. Read the statutory damage categories ↗
Survivors may have losses of their own
Support and daily help
Income and household services the person gave, and would probably have continued to give, to a qualifying survivor.
Companionship and guidance
Eligible spouses and children may have distinct claims for relationship losses; the child's age and other surviving family members can change what applies.
Expenses paid
A survivor who paid medical or funeral costs caused by the injury or death may be able to claim them.
The estate may have separate losses
Income between injury and death
Qualifying earnings during that period, adjusted for support already counted for survivors.
Potential savings
In circumstances the statute allows, the estate may seek net accumulations the person likely would have left behind.
Charges to the estate
Qualifying medical or funeral expenses charged to the estate or paid on behalf of the person, without counting the same expense twice.
A specific medical-negligence limit: Florida excludes certain pain-and-suffering categories for adult children and parents of an adult child when the death claim arises from medical negligence. It does not tell the whole story of economic or estate claims. That distinction needs a case-specific review.
Finding out what happened
Understanding what happened takes careful work.
The records that matter depend on where and how the death occurred. A roadway crash, a hotel incident, and a death during medical care can involve different people and evidence. We begin with your account and look for records that may help answer your questions.
Roads and transportation
When a crash turns fatal
Crash reports, available camera footage, vehicle data, witness names, trip or rental details, and insurance policies can each matter. Around I-4 and the Kirkman Road corridor, a visitor may have records held outside Florida as well. Our car crash and truck collision pages explain those distinct investigations.
Property and security
When the place itself raises questions
At a hotel, apartment, store, or event venue, look for incident reports, surveillance, maintenance records, access logs, and the identity of the business that controlled the area. A fatal attack may also raise negligent security questions that are separate from any criminal case.
Treatment and care
When death follows medical care
Records of symptoms, diagnoses, treatment, orders, medication, and discussions with providers may be central. A medical-negligence claim has special legal procedures and rules. A concerning outcome alone does not prove negligence; qualified review of the care and its connection to the death matters.
Orlando matters can involve more than one jurisdiction. The person who died may have lived outside Orange County, or the event may have occurred while the family was visiting. The place of death, residence, defendants, and applicable law can affect probate and civil filing decisions. Do not assume the nearest courthouse is always the right one.
What to expect
How we begin a wrongful death case.
Each case is different. You can start with a conversation; if your family chooses to move forward, we explain the investigation and the legal decisions along the way.
Share what you know
We listen to what you know and what others have told you, then identify any records or deadlines that may need prompt attention. You do not need a complete file for the first call.
Identify the representative and gather records
We identify who may be appointed to act for the estate, who may qualify as a survivor, and what records could help explain the death. If probate work is needed, we explain how it fits alongside the civil investigation.
Review the evidence and explain your options
We examine the evidence, potential defendants, available coverage, and losses the law may recognize. We explain the proposed course before representation begins and put the fee terms in writing.
The people behind the firm
Meet the partners behind Miller & Jacobs.
It helps to know who is behind the firm before deciding whom to call. Mark J. Miller and Rick S. Jacobs are partners. Their biographies explain their professional backgrounds and practice.
Mark J. Miller
Partner
Read Mark's background and bring the questions you want to ask before deciding what to do.
Meet Mark → Rick S. Jacobs
Partner
Read about Rick's practice and decide what you would want to ask in a first conversation.
Meet Rick →Questions families ask before they call
Questions you may have before calling.
These answers cover common starting points. What applies to your family depends on the facts and the relationships involved.
What if there is no will or representative yet?
You can still call. A missing will does not prevent you from asking a lawyer about the death. The probate court can appoint an eligible personal representative. That appointment and the civil investigation can be planned together, while the filing deadline is checked for your case.
Must a criminal case finish before a civil claim can begin?
No. The civil wrongful death claim is separate from any criminal investigation or prosecution. The two processes may involve some of the same evidence, but a criminal charge is not required to ask whether a civil claim exists. Do not assume the criminal case pauses the civil deadline.
Can several relatives recover through one claim?
Potentially. The personal representative brings one action for the estate and eligible survivors. Each person’s relationship and legally recognized loss must be assessed separately. If a pending case settles and a survivor objects, or a minor or incompetent survivor is affected, court approval may be required under Florida law.
How long does the family have to act?
Florida generally gives a wrongful death action two years under section 95.11(5)(e). Special rules can affect a medical-negligence or government-related matter, and a narrow intentional-tort exception exists. Have the exact dates and claim type reviewed promptly; a general deadline is not a substitute for advice about your facts.
What will the first consultation cost?
The initial conversation with Miller & Jacobs is free. You can ask questions before deciding whether to move forward. If the firm takes the case, a written agreement explains the representation and fee terms. There is no attorney fee unless compensation is recovered for your family.
Related Orlando guidance
Learn more about related Orlando cases.
These guides explain how different incidents are investigated. We can discuss how they relate to your family's circumstances.