Lost a Loved One in a Fatal Crash in Orlando? Call our Auto Accident Wrongful Death Lawyer Today

A fatal crash leaves families facing unanswered questions while insurance companies move fast to limit liability. Without strong legal guidance, you risk losing compensation even before fault is fully understood.

At Todd Miner Law, our wrongful death lawyers understand how fatal auto accident claims are evaluated and challenged. We step in early to secure crash evidence, control insurer communications, and prevent fault from being shifted onto your loved one.

Call 407-894-1480 for a free consultation with our Orlando wrongful death lawyer.

Lost a Loved One in a Fatal Crash in Orlando? Call our Auto Accident Wrongful Death Lawyer Today

A fatal crash leaves families facing unanswered questions while insurance companies move fast to limit liability. Without strong legal guidance, you risk losing compensation even before fault is fully understood.

At Todd Miner Law, our wrongful death lawyers understand how fatal auto accident claims are evaluated and challenged. We step in early to secure crash evidence, control insurer communications, and prevent fault from being shifted onto your loved one.

Call 407-894-1480 for a free consultation with our Orlando wrongful death lawyer.

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Todd Miner Law4.9
Based on 1015 reviews
I had a great experience with the Todd Minor Law Office. Everyone was professional, helpful, and kept me informed throughout the entire process. I especially want to thank Bobbi for being so helpful, patient, and responsive. She made sure my questions were answered and that I understood what was going on every step of the way. I truly appreciate all the hard work and personal attention I receive. I would definitely recommend the Todd Minor Law Office to anyone looking for a great attorney and a team that genuinely cares about their clients. Excellent service from start to finish.
Great experience from start to finish. Attorney Miner, Attorney Swan, and everyone else who assisted on my case were professional, courteous, and honest. While I hope to not need their services in the future, I’d use this firm again in a heartbeat. Would also recommend to family and friends. Thank you!
I highly recommend Todd Miner Law. From the beginning, the team helped me navigate both the property loss of my vehicle and the injury side of my case, making sure I understood the process and that we maximized the resources available for my medical care. Bobbi was exceptional throughout the process. She was attentive, professional, responsive, and persistent in advocating for me. She became my liaison with the insurance company and consistently kept things moving. I always felt that she was fighting the good fight on my behalf. Whenever I had a more complex legal question, Brandon made himself available to speak with me. He has a great ability to take complicated legal and insurance issues and explain them in a way that is easy to understand, which I really appreciated. Mr. Miner was also hands-on when needed and made sure my case was in the hands of a strong team. At the conclusion of my case, he personally spent time with me reviewing the closing documents, answering my questions, and, most importantly, educating me about insurance coverage and how I can better protect myself in the future. I appreciated his patience and willingness to make sure I understood everything rather than simply rushing through the closing. I felt supported, informed, and well represented throughout the entire process. I would highly recommend Miner Law and especially Bobbi, Brandon, and Mr. Miner to anyone looking for a personal injury firm that is responsive, knowledgeable, and genuinely committed to advocating for its clients.
Awesome service from Mark and Stephanie. Initially had an accident in May and settled within a timely manner with exceptional communication throughout the process. We love Mr Miner, and his team and will forever recommend everyone to come to them in the Central FL area! We thank you guys greatly. 😊
Bobbi Saindon was the absolute best person I could’ve found for help. She made sure everything was resolved in my best interest. She treated me with such kindness & took care of me. I am very pleased with Todd Miner Law.
Todd Miner Law Firm helped us after we were in a car accident. We saw their billboard and called to ask for help with our case. Their team reviewed everything, answered all our questions, and handled our case professionally. They were also fast and efficient throughout the process. Thank you so much for your help! I highly recommend Todd Miner Law Firm to anyone who needs assistance with an injury or auto accident.
Todd Miner Law truly provided exceptional communication and a profound understanding of our case from start to finish. Todd, who was the fifth law firm that we called, listened to our case and connected us to attorney Bornstein and paralegal Saindon. We would like to thank both for taking our case and making this painful injury less stressful, and getting our difficult settlement faster than expected. The best experience we had with a law firm. Truly grateful for their wonderful service.
Even though my case was small I was treated as if it was worth a lot more. The service was very personal. I would recommend Todd Miner Law to anyone needing an attorney
I have had a fantastic experience with Todd Miner Law after my accident. I was shocked when my initial call was returned by Mr. Miner himself. We discussed my case and I felt very comfortable that they would work towards the best outcome possible for me. They stayed in contact through the process and explaining next steps as they came about. I cannot recommend this firm enough. They will be with you every step of the way!
While car accidents are painful, working with Todd Miner Law was anything but! A massive thank you to Bobbi, Todd, and Brandon. They were always on standby to answer my questions promptly and wrapped up my case surprisingly fast. If you ever find yourself in need of a Personal Injury firm, this is the team that you want in your corner. Highly recommend!
I cannot thank Frank Romano and Brandon Bornstein at Todd Miner Law Firm enough for their hard work and dedication throughout my case. Following my accident in April 2023, they worked diligently on my behalf all the way through its resolution in 2026. Their communication was consistent, they kept me informed throughout the process, and I always felt confident that my case was in good hands. I truly appreciate their patience, professionalism, and commitment over the years. I’m incredibly grateful for everything they’ve done for me and would highly recommend them to anyone in need of legal representation!
I had an outstanding experience with Todd Miner Law Firm, and I am incredibly grateful for the support and guidance I received throughout my case. From the beginning, the entire team was professional, welcoming, and attentive to my needs.They took the time to explain each step of the process clearly, answer my questions thoroughly, and make sure I understood what to expect. Ivonne, the paralegal who assisted me, was especially wonderful to work with. She was kind, patient, organized, and consistently responsive whenever I needed assistance or had concerns. Her professionalism and attention to detail gave me confidence that my case was being handled carefully and efficiently. She went above and beyond to make the process as smooth, straightforward, and stress-free as possible. Legal matters can often feel overwhelming, but Ivonne and the Todd Miner Law Firm team made me feel supported and reassured every step of the way. Their dedication, compassion, and commitment to providing excellent service truly stood out. I sincerely appreciate all of their hard work and the time they invested in helping me. Thank you, Ivonne, and the entire Todd Miner Law Firm team, for making what could have been a difficult experience feel manageable and positive. I highly recommend this firm to anyone looking for knowledgeable, professional, and caring legal assistance
Thank you, Courtney, always answering me when I call. And always Being able to answer any concerns that I had. thank you, may god bless you.
Mark and Stephanie have been great
If you need a straight foward , knowledgeable, honest, great lawyer call Todd Miner. I had an unfortunate slip and fall and his firm was great at handling my case. My son had used him in auto injury accident before and they were great. Dont be fooled by these others that say "they're for the people" I've used them for disability case and got taken advantage.. AWFULL EXPERIENCE!! His office keeps you informed of your case you never have to call for updates. This is very important!! I want to thank Todd Miner and his staff for his professionalism and do highly recommend him!! Thanks!
Bobbi was most helpful in keeping us informed and explaining the process throughout our son’s case. Thank you for your helpful client service.
Brandon. And Bobbi did a great job on my case. They know what they are doing. I had another firm before them.It was an awful experience . I highly recommend Todd Miner Law.
Although my situation was not appropriate for their Firm, I found them exceptionally helpful in obtaining information and guidance. I was pleasantly surprised at how prompt and professional the representative was. Should an appropriate future situation arrive I would look forward to working with this firm
If you want a lawyer who takes interest in your case like you’re a family member this is the law firm you want to choose. You’re not just a figure or a number. This place makes you feel like a family member. I made the right choice when I got rid of the big name, Florida Lawyer and went to this law firm. they’re not big and flashy like the other ones in Orlando but what I doubt they do what is best for you I would recommend them to anyone….. and if you’re lucky enough to get Trent, you’re in good hands.
Mark Arhens & his assistant Stephanie were so helpful. patient & kind with my unique situation of being on disability and receiving a settlement. They were very accommodating & id definitely recommend!
If ever in an accident I will absolutely reach out to Todd Miner law! Stephanie always kept in contact with me every step of the way
Todd Minor office did a outstanding job with my case. I like to personally thank Mark and Stephanie for doing a great job communicating with me every step of the way. I will highly recommend them to anybody that needs an attorney. You ought to try them for yourself. They can make a difference in your life if you allow them to. Great job. Well done. Very satisfied.
Stephanie and Mark are amazing at what they do!
I’m very grateful for the help and support I received from Mark Ahrens and his team. They were professional, responsive, and kept me informed throughout the entire process. I always felt that my case was being handled with care and attention. Mark was knowledgeable, patient, and took the time to explain everything clearly. I truly appreciate his hard work and dedication in helping me reach a positive resolution. I would definitely recommend Todd Miner to anyone looking for a trustworthy and professional attorney.
Mark Ahrens is a fantastic lawyer who helped me with my case. Appreciate him to stay in contact with me.
I want to express my gratitude to this firm and everyone who helped me in my case: my paralegal Stephanie, my attorney Mark, and Mr. Todd Miner for even taking my calls. Thank you so much for your knowledge and for protecting my interests. Thank you TODD MINER LAW.
After sustaining an injury at my apartment complex, I reached out to some attorneys. This was in a Sunday. Atty. Miner called me personally to discuss what happened. Although he was unable to take my case, I would still recommend him and his firm. It was very impressive that Atty. Miner would take time on his Sunday to contact me personally. I would recommend him over Morgan and Morgan or Dan Newlin!! Bigger isn’t always better.
I had a great experience with Todd Miner Law Firm. I was in a car accident the beginning of 2026 and the team took over everything so I could focus on my journey to healing and recovery. Mr. Mark Ahrens and Stephanie Velez were such great help throughout the process. I hope I won’t have a need for them again, but if I did, I would not hesitate reaching out to them.
Excellent service will work with them again thank you Courtney
I have had the most positive experience working with Todd Miner after my car accident. Specifically, Mark Ahrens has been a major help to me, I couldn’t recommend them more. Thank you for supporting me through this process!
Today I had the opportunity to speak to Todd Minor and let me tell you this man knows his stuff. He was very transparent and gave me guidance that not even Morgan and Morgan could do. This man is very unique and seems very skilled if I were you, I would hire him immediately.
Mr Miner and his attorneys are the best ever so communicative Brandon and Evonne are phenomenal they are a professional law firm I would not choose no other!I am very happy;
really nice lawyer and very helpful
I highly recommend Todd Miner Law for any of your legal needs. From the moment I spoke with Mr. Miner on the phone and all the wonderful work done on my case by attorney Mark Ahrens Esq and his paralegal Stephanie, I know I was in good hands. They cared very much about my well-being and communicated that was above everything they were working on for me, was that I healed and became well from my car accident. No job too little or too small! I am very pleased working with this law firm for over a year too. I hope I don't need them in the future; however, if I do, I know I will be asking them to represent me again.
Todd was nice, he took the time to talk to me for 20 minutes or so to help guide me in the right direction, I was recently in a car accident and it’s not major, and I was practically clueless to the steps I should take. After talking to me I now know more than before. He was very helpful with information I may need for my situation.
Mark Ahrens and Stephanie Velez were splendid in handling my case. I was absolutely pleased with their sincere efforts in getting the right result.
I WAS TREATED WITH RESPECT AND IMPORTANCE. THAT MEANS A LOT TODAY! I RECIEVED THE MAX ALLOWED AND COULDNT HAVE GOTTEN ANY MORE ANYWHERE ELSE. THESE GUYS ARE TOP SHELF AND I HIGHLY RECOMMEND THEM! THE BEST AROUND, HANDS DOWN. IF I'M EVER IN NEED AGAIN, THEY'RE MY GUYS NOW! THANK YOU, TODD MINER LAW! THEY ALSO NETWORK ANIMALS IN NEED. LIKE US. GOTTA LOVE THAT HEART! ❤️
We were involved in an escalator accident in the Atlanta airport. I had seen the commercial quite a few times, but I was never in a situation where I needed one. Last night I was chatting about this online, which I thought was a bot. It was not just a bot. it was not, it was Attorney Miner himself. The chat was to go to the walk-in clinic for the pain and to call his office to speak with Elina after we were home. I spoke with Elina, and she couldn't have been more patient with me, and so sweet and wants to be sure she gets all the answers for us. Since our accident was in Georgia, we need to have an attorney in Georgia. Attorney Miner is going to make a personal call to an attorney in Georgia himself! When I was chatting last night, I asked who I was communicating with, and it was Attorney Miner himself. I hope I never need an attorney, but if I did or anyone I know, I will always refer to Attorney Miner. You will be in good hands with Elina! If we could give more stars, we would. Thank you, Attorney Miner and Elina!
After learning my car was deemed a total loss and the driver at fault did not have enough money in property damage to cover my claim, I truly believed I was going to be losing a significant amount of money for an accident I didn't cause. Todd Miner changed my perspective completely. Todd Miner is your person to guide you through auto accident claims and make sure you are getting what's rightfully owed to you. He personally assisted me in making sure I was asking the right questions and using the correct verbiage to ensure I wasn't being taken advantage of by any insurance policies involved. I had no idea I had other options to explore, but Todd provided super clear information on how to navigate these tricky insurance claims. He saved me $$$$ (no exaggeration) all while providing easy and stress-free interactions. Todd Miner Law values their clients like none other I've experienced. Thank you, Todd!
There are a lot of commercials out there for law offices that "care", or are "looking out for YOU"....let me tell you, Todd Miner is the real deal. I called at 3:30 on a Friday afternoon before a three day holiday weekend, because after being hit from behind by a driver who had trash for insurance, their insurance company as well as my own insurance company were pressuring me to quickly agree to items before the long holiday weekend, and none of the outcomes offered were remotely acceptable. Mr. Miner himself took my call after I gave details to his very friendly and compassionate associate, and for 35 minutes on a Friday afternoon when most people would be bolting out of the office for the holiday weekend, he gave me help when he had nothing to gain from it. Other firms we called either ignored us or blew us off because they didn't have anything to gain by taking our case. If I or anyone I knew needed a personal injury attorney, calling this law firm is the first phone call I would make.
I really appreciate that Todd personally took the time of day to speak with me on the particulars of my case and advise different avenues to pursue, thank you so much!
Thank you for Attorney, Mark and Stephanie for working on my case settlement. They had done a great job for me.
Thank you to Mark Aaron's and Ms Stephanie with my case. I was hit from behind by a car with minimal insurance. I wasn't looking for a bunch of money, I just wanted the doctors paid and it would make me happy. They took care of all the bills and I still got a check. I thank you again for all of the time spent on my case and talking to me. I give them 5 stars
Mark Ahrens was super helpful and helped me through the whole process as well as Stephanie, overall 5 stars treatment
Mark Ahrens was recommend by a friend to me. I appreciate that he took the time to answer my questions. He was also personable and friendly Great experience!
I would like to thank Attorney Todd Miner for handling the accident cases for both my wife and me. We truly appreciate everything he and his team have done for us. They kept in touch throughout the process and guided us every step of the way, making everything much easier to understand. If you ever need help with an auto accident case, I highly recommend Attorney Todd Miner.
I’m very grateful to Mark Ahrens and Stephanie Velez-Raghunandan at Todd Miner for their work on my hit-and-run case. From the beginning, they stayed persistent and didn’t give up, even when things weren’t straightforward. They kept me informed throughout the process and handled everything professionally. I truly appreciate their dedication and would recommend them to anyone needing reliable legal help.

How Our Wrongful Death Auto Accident Lawyers Can Help Your Family

With more than 30 years of experience handling wrongful death cases, our lawyers understand how these claims are evaluated from day one. In addition, our team’s background in insurance defense provides us with direct insight into how insurers assess liability and seek to limit payouts. This experience allows us to protect your family’s interests and pursue the full compensation you rightfully deserve.

Our wrongful death auto accident lawyers help by:

  • Managing all legal filings, deadlines, and procedural requirements
  • Coordinating with probate and estate representatives when required
  • Building a damages claim that reflects financial loss and long-term impact
  • Addressing coverage issues involving multiple insurance policies
  • Preparing cases for negotiation or trial when liability is disputed
  • Providing clear guidance so you understand each stage before decisions are made

If you lost a loved one in a fatal auto accident and need legal guidance, call 407-894-1480 to speak with our wrongful death lawyers.

How Our Wrongful Death Auto Accident Lawyers Can Help Your Family

With more than 30 years of experience handling wrongful death cases, our lawyers understand how these claims are evaluated from day one. In addition, our team’s background in insurance defense provides us with direct insight into how insurers assess liability and seek to limit payouts. This experience allows us to protect your family’s interests and pursue the full compensation you rightfully deserve.

Our wrongful death auto accident lawyers help by:

  • Managing all legal filings, deadlines, and procedural requirements
  • Coordinating with probate and estate representatives when required
  • Building a damages claim that reflects financial loss and long-term impact
  • Addressing coverage issues involving multiple insurance policies
  • Preparing cases for negotiation or trial when liability is disputed
  • Providing clear guidance so you understand each stage before decisions are made

If you lost a loved one in a fatal auto accident and need legal guidance, call 407-894-1480 to speak with our wrongful death lawyers.

What If the At-Fault Driver Also Died in the Accident?

In Florida, you can still pursue a wrongful death claim even if the at-fault driver also died in the accident. Their death changes how the claim proceeds, but it does not eliminate liability. In these cases, compensation may be pursued through:

  • At-fault driver’s auto insurance
  • The driver’s estate through probate
  • Your own UM/UIM coverage

However, each option follows a different legal process and affects how compensation is recovered. Our wrongful death lawyers guide your family through the available recovery options and pursue maximum compensation.

How a Lawyer Helps Open an Estate in a Wrongful Death Case?

A lawyer helps open an estate in a wrongful death lawsuit by handling the probate steps needed to file the claim correctly. Since Florida law allows only a court-appointed personal representative to bring the case, opening an estate is often the first step.

The lawyer prepares and files probate paperwork, works with the court to appoint the personal representative, and manages key deadlines.

If the estate is not opened properly, the lawsuit can be delayed or dismissed. Legal guidance keeps the process on track and protects your family’s right to compensation.

What If the At-Fault Driver Was a Minor?

A wrongful death claim can still be pursued if the at-fault driver was a minor. Because minors often drive under another person’s authority or insurance, liability may extend beyond the driver.

In these cases, responsibility may involve:

  • A parent or legal guardian
  • The owner of the vehicle that the minor was driving
  • An applicable auto or household insurance policy

Determining which party is legally responsible depends on whether permission, supervision, and coverage are present. Therefore, our attorneys carefully evaluate these factors to build the claim and pursue compensation.

How Is Compensation Divided Among Surviving Family Members?

In Florida, wrongful death compensation is divided according to state law, not private agreements between family members. The personal representative files the claim, and damages are allocated based on each survivor’s relationship to the deceased and the losses they suffered.

Key factors that affect how compensation is divided include:

  • Financial dependence, such as lost income or support
  • Relationship to the deceased, including spouses, children, and parents
  • Emotional losses, like loss of companionship or parental guidance

Based on these factors, our attorneys carefully structure claims to reduce disputes and ensure proper compensation distribution.

What If the At-Fault Driver Also Died in the Accident?

What If the At Fault Driver Also Died in the Accident.In Florida, you can still pursue a wrongful death claim even if the at-fault driver also died in the accident. Their death changes how the claim proceeds, but it does not eliminate liability. In these cases, compensation may be pursued through:

  • At-fault driver’s auto insurance
  • The driver’s estate through probate
  • Your own UM/UIM coverage

However, each option follows a different legal process and affects how compensation is recovered. Our wrongful death lawyers guide your family through the available recovery options and pursue maximum compensation.

How a Lawyer Helps Open an Estate in a Wrongful Death Case?How a Lawyer Helps Open an Estate in a Wrongful Death Case.

A lawyer helps open an estate in a wrongful death lawsuit by handling the probate steps needed to file the claim correctly. Since Florida law allows only a court-appointed personal representative to bring the case, opening an estate is often the first step.

The lawyer prepares and files probate paperwork, works with the court to appoint the personal representative, and manages key deadlines.

If the estate is not opened properly, the lawsuit can be delayed or dismissed. Legal guidance keeps the process on track and protects your family’s right to compensation.

What If the At-Fault Driver Was a Minor?What If the At Fault Driver Was a Minor.

A wrongful death claim can still be pursued if the at-fault driver was a minor. Because minors often drive under another person’s authority or insurance, liability may extend beyond the driver.

In these cases, responsibility may involve:

  • A parent or legal guardian
  • The owner of the vehicle that the minor was driving
  • An applicable auto or household insurance policy

Determining which party is legally responsible depends on whether permission, supervision, and coverage are present. Therefore, our attorneys carefully evaluate these factors to build the claim and pursue compensation.

How Is Compensation Divided Among Surviving Family Members?How Is Compensation Divided Among Surviving Family Members.

In Florida, wrongful death compensation is divided according to state law, not private agreements between family members. The personal representative files the claim, and damages are allocated based on each survivor’s relationship to the deceased and the losses they suffered.

Key factors that affect how compensation is divided include:

  • Financial dependence, such as lost income or support
  • Relationship to the deceased, including spouses, children, and parents
  • Emotional losses, like loss of companionship or parental guidance

Based on these factors, our attorneys carefully structure claims to reduce disputes and ensure proper compensation distribution.

What Makes a Fatal Auto Accident a Wrongful Death Case?

A fatal auto accident qualifies as a wrongful death case when another party’s negligence causes your loved one’s death. This means your loved one would have had the legal right to file a personal injury claim if they had survived the crash. When that condition is met, the claim shifts to the survivors through Florida’s Wrongful Death Act.

Negligence in fatal auto accidents often involves violations of traffic laws, such as speeding, distracted driving, impaired driving, or failure to yield. In commercial vehicle cases, negligence may also include unsafe hiring, poor maintenance, or violations of federal trucking regulations. When these actions directly cause a fatal crash, they form the legal basis for a wrongful death claim.

However, to pursue a wrongful death case, you must show several key facts, including:

  • Negligence: Another party acted carelessly, recklessly, or unlawfully.
  • Causation: That conduct directly caused your loved one’s fatal injuries.
  • Damages: The death resulted in real losses to you and your family.
  • Financial loss: You lost income, benefits, or services your loved one provided.
  • Personal loss: You suffered loss of companionship, guidance, or support, based on your relationship.

If the legal standard for wrongful death is not established, insurers may deny liability or reduce compensation. That is why working with an experienced Orlando wrongful death lawyer is critical to reviewing fault, statutory violations, and evidence early in the case.

What Types of Auto Accidents Can Lead to a Wrongful Death Claim?

A wrongful death claim can arise from any fatal auto accident caused by negligence. These crashes happen on highways, intersections, and local roads throughout Central Florida, including Oviedo, Longwood, Sanford, Winter Park, and Daytona Beach.

Fatal auto accidents that commonly form the basis of wrongful death claims include:

Each of these fatal crashes raises different liability and insurance issues under Florida law. Call 407-894-1480 to speak with our Orlando wrongful death lawyer about your claim and available compensation.

Who Can Be Held Liable in a Fatal Auto Accident?

The driver who caused the crash is often the primary party held responsible in a fatal auto accident. However, liability may extend beyond one driver when other actions or failures contributed to your loved one’s death. 

Depending on how the crash occurred, responsible parties may include:

  • Negligent drivers: Drivers who were speeding, distracted, impaired, or violated traffic laws.
  • Employers: Companies may be liable when a driver was working or operating a company vehicle.
  • Vehicle owners: Owners may be responsible when they allow unsafe or unqualified drivers to use their vehicles.
  • Vehicle manufacturers: Defective brakes, airbags, tires, or safety systems may expose manufacturers to liability.
  • Maintenance providers: Faulty repairs or poor maintenance can make a mechanic or service provider responsible.
  • Rideshare or delivery companies: Uber, Lyft, or delivery services may carry liability when drivers are on duty.
  • Government entities: Dangerous road design, missing signs, or poor maintenance may place liability on public agencies.

Identifying every responsible party is critical because each may carry separate insurance coverage that directly affects your family’s recovery. Contact our Orlando wrongful death lawyer now to protect your claim and pursue accountability from every liable party.

How Our Attorneys Prove Fault in Wrongful Death Cases

Our attorneys prove fault in wrongful death cases by determining how the fatal crash occurred and who caused it. We examine the sequence of events, the actions of those involved, and the physical evidence left behind. This includes:

  • Crash scene evidence, such as vehicle damage, impact points, skid marks, and roadway conditions
  • Digital and electronic data, including black box information, cell phone records, and onboard vehicle systems
  • Video evidence, such as traffic cameras, dashcams, and nearby business surveillance footage
  • Expert analysis from accident reconstructionists and medical professionals who connect the crash to the fatal injuries
  • Witness statements that support the sequence of events and prevent blame from being shifted

This evidence allows us to challenge insurance defenses. It also helps establish clear liability when fault is disputed or multiple parties are involved. Call 407-894-1480 now for a free case evaluation with our wrongful death attorneys serving Kissimmee, Tavares, Apopka, and surrounding Central Florida communities.

Who Can File an Auto Accident Wrongful Death Claim in Florida?

In Florida, an auto accident wrongful death claim must be filed by the personal representative of the deceased person’s estate. Individual family members do not file the lawsuit themselves. Instead, the personal representative files the claim on behalf of the estate and eligible surviving family members.

If the deceased had a will, the court typically appoints the named executor as the personal representative. If there is no will, the court appoints a representative, often starting with a surviving spouse or close family member. That appointment gives the representative legal authority to file the wrongful death claim and manage the case for the family.

Once the claim is filed, it must identify all surviving family members who may be entitled to compensation. This usually includes a surviving spouse, children, and parents. In some cases, other relatives who depended on the deceased for financial support may also be included. Since this process affects both the estate and surviving family members, early legal guidance helps avoid filing issues and delays.

What Compensation Can You Recover After a Fatal Auto Accident?

Compensation in a wrongful death auto accident case is meant to address both the financial losses your family faces and the personal impact of the loss. However, the damages available depend on how the crash occurred, the losses involved, and who is eligible to recover under Florida law.

Here are the types of compensation you may be able to recover:

  • Economic damages: Cover funeral and burial costs, medical expenses related to the final injury, lost income, benefits, and the value of services your loved one provided.
  • Non-economic damages: Compensate for the personal impact of the loss, including loss of companionship, guidance, and emotional support suffered by surviving family members.
  • Loss of support and services: Address the financial and household contributions your loved one would have continued to provide over time.
  • Estate-related damages: Allow the estate to recover losses incurred before death, as permitted under Florida’s Wrongful Death Act.
  • Punitive damages: May be available in limited cases involving reckless or intentional misconduct, such as impaired driving, under Florida law.

Since insurance companies often dispute the value of these losses, working with an experienced wrongful death lawyer is critical to pursuing full compensation. Call 407-894-1480 and let us help you better understand what your family may be entitled to recover.

What Florida Laws Affect Wrongful Death Auto Accident Claims?

Florida’s wrongful death, negligence, and insurance laws directly control how auto accident wrongful death claims are filed, evaluated, and resolved. These laws determine who can bring the claim, how fault is handled, and what limits may apply to compensation.

Key Florida laws that impact wrongful death auto accident cases include:

Because these laws directly affect eligibility, fault, and recovery, understanding how they apply to your case is critical. An experienced wrongful death lawyer can help ensure deadlines are met, liability is properly evaluated, and available insurance coverage is identified early.

How Long Do I Have to File a Wrongful Death Auto Accident Claim in Florida?

You generally have two years from the date of death to file an auto accident wrongful death claim in Florida. Missing this deadline can bar your family from any recovery.

While the two-year statute is the standard, Florida law recognizes limited exceptions that may extend or pause the deadline. Understanding these exceptions can help you avoid losing your right to file.

Here are the main exceptions to Florida’s two-year deadline:

  • Minor beneficiaries: The filing deadline may be extended until the minor reaches adulthood.
  • Mental incapacity: The filing deadline may be paused while the legally eligible person lacks capacity.
  • Defendant’s evasion or absence: The filing deadline may be tolled until the at-fault party can be located or served.
  • Government claims: These cases require advance notice and follow different filing rules before a lawsuit can proceed.

Since these exceptions can change the filing deadline, confirming how they apply to your case matters. Call 407-894-1480 for a no-cost case evaluation.

Why Choose Todd Miner Law for a Wrongful Death Claim

After a fatal auto accident, the law firm you choose can directly affect your family’s ability to recover compensation and hold the responsible parties accountable. At Todd Miner Law, you work with a team backed by decades of experience handling serious auto accident and wrongful death claims across Central Florida. We focus on building clear liability cases, identifying all available insurance coverage, and countering insurer tactics aimed at limiting recovery.

Here’s what sets Todd Miner Law apart:

  • More than 30 years of experience handling serious auto accident and wrongful death cases
  • AV-Preeminent® rated by Martindale-Hubbell, reflecting the highest standards of legal ability and ethics
  • Trial-ready representation when insurance companies refuse to make fair offers
  • Personalized guidance for families navigating wrongful death claims and estate-related issues
  • Deep roots across Central Florida, serving families in Baldwin Park, Daytona Beach, Heathrow,  Winter Park, Clermont, and surrounding communities

Call 407-894-1480 or visit us at 15 Outer Rd, Orlando, FL 32814 for a free consultation.

FAQs

If the vehicle involved was owned by someone else, you can still pursue a wrongful death claim. The driver’s insurance typically applies first. If coverage is limited, the vehicle owner’s policy may provide additional protection. Since insurers often dispute responsibility in these cases, identifying all available policies early helps protect your family’s right to full compensation.

No, most wrongful death settlements are not taxable in Florida. These settlements usually compensate families for medical costs, lost support, and personal loss, which are not treated as taxable income. However, some portions, such as punitive damages or post-settlement interest, may be subject to tax. Our wrongful death lawyer can help structure the claim properly so that tax issues are addressed before compensation is distributed.

Yes, a wrongful death claim can be filed after a hit-and-run accident. Even if the at-fault driver is not immediately identified, your family may still pursue compensation through uninsured motorist coverage. Since these cases involve added investigation and insurance issues, working with a wrongful death lawyer helps protect your claim while efforts to identify the driver continue.

Disagreements can arise among family members in wrongful death cases, especially during an already difficult time. However, this does not affect the legal process, as Florida law requires the estate’s personal representative to file the claim. That representative acts on behalf of all eligible survivors, allowing the case to move forward even when opinions differ.

Opening an estate is required because Florida law requires a court-appointed personal representative to file a wrongful death claim. That appointment gives legal authority to pursue the case, accept settlement funds, and ensure compensation is distributed to the correct family members. Even when no assets are involved, an estate must be opened to properly move the claim forward.

Wrongful Death Auto Accident Lawyer - Blogs

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