Central Florida Wrongful Death Lawyers Who Fight for Surviving Families
When a loved one dies because of someone else’s negligence, the grief is overwhelming. Families are often left facing funeral costs, lost household income, and sudden questions about how to move forward. At Pena Law Group, P.A., we believe no amount of money can replace a life. A wrongful death claim is still one of the most important ways to hold the responsible party accountable and protect survivors from financial hardship.
Attorney Ashley Pena represents families throughout Central Florida, including Seminole County, Orange County, Volusia County, and Osceola County. We handle the legal process with care and urgency so your family can focus on grieving while we pursue answers and accountability.
“We cannot bring your loved one back, but we can make sure the person or corporation responsible for their loss is held fully accountable under the law. We fight for the answers you deserve.”
— Ashley C. Pena, Esq.
How Florida Wrongful Death Claims Work
Florida’s Wrongful Death Act creates a specific process for these cases. A claim is brought by the Personal Representative of the estate on behalf of the eligible survivors and the estate itself. That structure matters. The Personal Representative is often named in a will. If there is no will, the court can appoint a representative, typically a spouse or close relative.
Pena Law Group, P.A. helps families understand that process, preserve critical evidence, and pursue the claim against the parties and insurers responsible for the loss. These cases often arise from fatal auto accidents, commercial truck crashes, unsafe premises, or other preventable acts of negligence.
Eligible Survivors Under Florida Law
Florida law identifies who may recover damages in a wrongful death case. Depending on the circumstances, eligible survivors can include:
- Surviving spouses: May recover for loss of companionship, protection, and mental pain and suffering.
- Children under age 25: May recover for loss of parental companionship, instruction, and guidance.
- Parents: May recover for mental pain and suffering after the loss of a minor child, and in specific circumstances involving an adult child.
- Dependent relatives: Blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services.
Because eligibility and recoverable damages depend on the family relationship and the facts of the case, early legal guidance helps families understand who can be included and how the claim should be structured.
Damages Available in a Wrongful Death Case
Compensation in a Florida wrongful death claim is generally divided into categories that address both financial and human losses:
- Economic losses: Lost financial support, the value of lost household services, and medical or funeral expenses.
- Non economic losses: Mental pain and suffering, loss of companionship, and loss of parental guidance for eligible survivors.
- Estate damages: Net accumulations the deceased would likely have earned and left behind over a normal life expectancy.
Insurance companies often try to minimize these categories or push families toward a quick resolution before the full impact of the loss is understood. We push back and build the record needed to support a complete claim.
How Pena Law Group, P.A. Helps Families After a Fatal Accident
Wrongful death cases require both compassion and aggressive investigation. We work to secure crash reports, surveillance footage, maintenance records, witness statements, employment and income documentation, and insurance policy information before evidence disappears. We also coordinate the legal steps needed for the estate so the claim can move forward properly under Florida law.
Our firm communicates with insurers and defense counsel so grieving family members are not left fielding recorded statement requests or pressure tactics alone. If the responsible party will not resolve the claim fairly, we prepare the case for litigation.
Representing Families Throughout Central Florida
From our Lake Mary office, Pena Law Group, P.A. represents surviving families across Central Florida, including communities such as DeBary, Lake Mary, Oviedo, and Altamonte Springs. Wherever the loss occurred, we work to protect your family’s rights and pursue the accountability your loved one deserves.
Free Consultation for Central Florida Wrongful Death Cases
At Pena Law Group, P.A., we handle wrongful death cases on a contingency fee basis. You pay nothing upfront and we receive no fee unless we successfully recover compensation for your family. Call (800) 761-2017 to schedule a free, confidential case review. Consultations are available in both English and Spanish.
Frequently Asked Questions
Florida law generally requires the Personal Representative of the estate to file the lawsuit. That person is often named in the deceased’s will. If there is no will, the court can appoint a representative, typically a spouse or close relative. The Personal Representative brings one action for the benefit of all eligible survivors and the estate.
In Florida, families generally have two years from the date of death to file a wrongful death lawsuit. That deadline is strict. Because evidence such as surveillance footage, vehicle data, and witness recollection can disappear quickly, it is important to begin the legal process as soon as your family is ready so the facts can be preserved.
Recoverable damages may include economic losses such as lost support, lost household services, and funeral expenses; non economic losses such as mental pain and suffering and loss of companionship for eligible survivors; and estate damages for net accumulations the deceased would likely have left behind. Pena Law Group, P.A. evaluates each category carefully so the claim reflects the true impact on the family.
Many wrongful death claims arise from motor vehicle collisions. Those cases may involve personal auto policies, commercial insurance, trucking company defendants, or uninsured motorist coverage. Our firm investigates the crash, identifies every responsible party, and pursues the available insurance so surviving family members are not left covering losses alone. Related information is also available on our auto accidents page.
Pena Law Group, P.A. handles wrongful death cases on a contingency fee basis. There are no upfront attorney fees for the representation. We only receive a fee if we successfully recover compensation for the family.