How Long Do Wrongful Death Claims Take in The Orlando?
Wrongful death claims in Orlando often resolve within six to twelve months, while complex cases may take eighteen months to three years or longer. The exact timeline depends on liability disputes, available evidence, and how the case proceeds under Florida law. Disputes over insurance coverage limits or court scheduling can also extend a wrongful death lawsuit.
As a Best Law Firm Overall, Readers’ Choice winner in 2023, 2024, and 2025, our attorneys at Todd Miner Law help you file a wrongful death claim in Orlando within the required deadlines. We investigate liability disputes, obtain medical documentation, and manage court timelines under Florida law. Call 407-894-1480 for a free consultation.
What Factors Most Commonly Delay Wrongful Death Claims in Orlando?
In wrongful death claims, delays occur due to unresolved liability disputes, the involvement of multiple defendants, and incomplete medical documentation required to prove damages. Because of these issues, claims are often progressed through formal discovery and court-controlled timelines before settlement or trial, which delays the claim resolution.
In addition, the following factors can also delay a wrongful death claim:
- Insurance coverage limits investigations, which may require reviewing multiple policies and exclusions to recover damages.
- Expert witness scheduling and testimony, especially in cases involving medical causation, financial loss, or car accident reconstruction.
- Settlement valuation disagreements, when the parties cannot agree on the monetary value of economic and non-economic losses
- Motion practice and procedural disputes can pause progress while the court resolves evidentiary or legal process issues to recover compensation.
What Are the Formal Stages of a Wrongful Death Claim Under Florida Law?
Under Florida law, a wrongful death claim begins with the appointment of a personal representative. Once appointed, the personal representative retains legal counsel to investigate the circumstances of the death and prepare the wrongful death claim for filing. After investigation and court filing, the parties proceed through discovery and resolve the case through settlement or trial. Florida law governs each phase through specific legal requirements.
Here’s how a wrongful death claim proceeds under Florida law:
Appointment of the Personal Representative
The wrongful death process begins in probate court with the formal appointment of a personal representative for the deceased person’s estate. Under Florida law, only the appointed personal representative has legal authority to file and manage a wrongful death lawsuit on behalf of surviving family members.
Pre-Suit Investigation and Evidence Gathering
After the personal representative is appointed, your attorney conducts a thorough investigation to prove liability and damages. This stage involves obtaining medical records, accident reports, witness statements, and financial documentation.
Filing the Wrongful Death Lawsuit
At this stage, the personal representative files a formal wrongful death complaint in civil court. The complaint identifies the responsible party, outlines the legal basis for the claim, and formally initiates the court process.
Discovery and Case Development
Once the lawsuit is filed, the parties enter the discovery phase, during which they gather and exchange evidence. This may include sworn depositions, mandatory written responses, and requests for medical, employment, and insurance records, all of which can directly affect settlement negotiations and trial strategy.
Settlement Negotiations or Trial
Many Florida wrongful death cases resolve through settlement discussions with insurance companies once discovery is complete. However, if the parties cannot reach an agreement, the case proceeds to trial, where a judge or jury determines liability and the amount of compensation available under Florida law.
Distribution of Compensation
When the claim is resolved, the court reviews and approves the distribution of fair compensation. The court then allocates the funds to eligible family members and the deceased person’s estate under Florida’s wrongful death statute of limitations (§§ 768.16–768.26).
Can Probate Proceedings Affect the Wrongful Death Claim Timeline?
Yes, probate proceedings can significantly affect the timeline for a wrongful death claim in Florida. Because the claim must proceed through the deceased person’s estate, the probate court first appoints and approves a personal representative. Until the court finalizes the appointment, you cannot file the lawsuit, which delays the start of formal legal action.
The wrongful death claim timeline is also affected by the following court and estate requirements:
- Court approval is required before the settlement distribution
- Resolution of estate debts, liens, and medical bills and medical expenses
- Additional court review when minor beneficiaries are involved
- Review of estate filings tied to the wrongful death Florida claim
- Coordination between probate proceedings and the civil lawsuit
Can a Wrongful Death Claim Be Filed Before a Personal Representative Is Appointed?
No, you cannot file a wrongful death claim in Florida until the probate court appoints a personal representative for the estate and issues Letters of Administration. Under Florida law, only the personal representative can bring the claim, and the lawsuit cannot proceed until that appointment is finalized.
If you file a wrongful death lawsuit before this appointment, the court may dismiss the case, even if liability is clear. However, during probate, you can still prepare your claim by gathering records, preserving evidence, and identifying responsible parties. Once the court appoints the personal representative, the case may proceed without further procedural delay.
How Long Can an Insurance Company Legally Delay a Claim in Florida?
In Florida, insurance companies must respond to a claim notice within seven days and complete their coverage review within ninety days of receiving the notice. These time limits are mandatory. However, Florida law does not permit open-ended delays in claims. When an insurance company repeatedly requests unnecessary information, fails to explain delays, or takes no action within the required timeframe, the conduct may constitute insurance bad faith under Fla. Stat. § 624.155, which allows you to pursue legal action to seek compensation.
What Are the Signs of Unnecessary Delays in a Wrongful Death Case?
Unnecessary delay occurs if an insurance company ignores demand letters, misses response deadlines, or fails to accept or deny coverage on time. Delays also occur if insurers delay settlement discussions after receiving complete evidence or submit late discovery responses without justification. Besides that, insurers request the records already submitted or documents unrelated to liability or damages, which can further slow the claim process.
How Do Lawyers Challenge Insurance Company Delays in Wrongful Death Cases?
To challenge insurance delays, our Orlando wrongful death lawyers at Todd Miner Law send formal demand letters that require timely, written claim responses. If insurers ignore requests or delay discovery, we file court motions to compel responses and enforce compliance under Florida law. However, if insurers continue to delay or refuse compliance, our attorneys pursue bad-faith insurance claims to hold them financially accountable.
In addition, our personal injury lawyers rely on the following legal strategies to address insurer delay:
- Monitor statutory response deadlines and document insurer violations
- Object to unnecessary information requests that delay claim decisions
- Request court-ordered timelines through hearings and procedural motions
- Prepare the case for trial to prompt insurer action
We also conduct depositions and obtain claims file discovery to document internal claim-handling practices and preserve evidence for litigation. This record supports judicial action or trial when insurers delay resolution. Contact us to discuss your wrongful death claim.
How Long Does It Typically Take to Receive Compensation After a Settlement Vs a Verdict?
After a wrongful death settlement, insurers typically pay compensation within 20 to 60 days, while verdict-based compensation may take several months or longer to release funds. In fact, according to LegalClarity, insurance companies generally process settlement payments within 10 to 30 days after receiving signed release forms and any required court approval.
However, verdict-based financial compensation depends on judgment entry and appellate deadlines, which commonly delay payment. Additionally, settlement payments are delayed if court approval is required, such as in cases with probate proceedings or minor beneficiaries. While verdict-based compensation is delayed by post-trial motions or payment disputes.
Contact Todd Miner Law to Pursue the Wrongful Death Claim in Orlando!
After the loss of your loved one, you have to manage probate requirements, funeral expenses, and unresolved financial issues. At the same time, insurance companies often request records and documentation within strict deadlines. Managing these challenges without legal support can delay the wrongful death claim process and extend the resolution.
With familiarity with Orlando courts, judges, and procedural requirements, our attorneys at Todd Miner Law handle wrongful death claims under the Florida Wrongful Death Act. We address disputed liability, pursue resolution through settlement or trial, and manage the court-approved distribution of wrongful death compensation for families in Winter Park. Call us at 407-894-1480 to discuss compensation for medical and funeral expenses.
FAQs
Is Florida’s Wrongful Death Filing Deadline 2 Years?
Yes, under Florida law, a wrongful death lawsuit must be filed within two years from the date of your loved one’s death. This deadline applies to claims involving negligence, auto accidents, workplace accidents, and other fatal incidents. If you do not file the claim within this period, the court may dismiss the case, even when liability is clear.
Is a Death Certificate Required to Start the Claim?
Yes, you must obtain a death certificate to begin a wrongful death claim in Florida. This certificate formally confirms the person’s death and allows you to open probate before legal action can proceed. Courts and insurance companies also rely on the death certificate when reviewing liability, damages, and eligibility for wrongful death claims.
Who Gets Settlement Money in a Florida Wrongful Death Claim?
In Florida, the court distributes wrongful death settlement funds to the deceased’s spouse, children, parents, and, in some cases, dependent relatives under Florida Statute § 768.21. Although the personal representative files the claim, the court awards compensation based on approved losses rather than dividing it equally among survivors.
How Much Do Orlando Wrongful Death Attorneys Charge?
Most Orlando wrongful death attorneys charge a contingency fee of 33⅓ % when a claim resolves before litigation and 40% if the case proceeds to litigation. These fee percentages follow Florida Bar Rule 4-1.5 and require court approval, especially if the claim involves the deceased’s estate or minor beneficiaries.
Will an Orlando Wrongful Death Case Be Public Record?
Yes, once you file an Orlando wrongful death suit, the court records, including pleadings, motions, and rulings, generally become part of the public record. However, courts often restrict access to sensitive materials, including medical records, autopsy findings, and financial documents. Settlement terms may also remain confidential if approved under court order.
What Happens if a Wrongful Death Claim Is Taking Too Long?
Extended delays in a wrongful death claim usually indicate unresolved legal or procedural issues. In these cases, delays often result from insurance company tactics, disputed liability, or prolonged court proceedings. Over time, these delays can increase financial strain, complicate evidence collection, and create statutory deadline risks that require court intervention or additional legal action to resolve the claim.
Can Mediation Shorten an Orlando Wrongful Death Claim?
Yes, mediation can shorten a wrongful death claim by resolving liability-disputed issues without trial. It often limits delays tied to court scheduling and prolonged discovery. However, mediation proceeds only if insurance companies comply with procedural requirements, and both sides reach an agreement on compensation.
