The document outlines Florida's wrongful death laws, emphasizing the complexity and restrictions regarding who can file a lawsuit for money damages, particularly in medical malpractice cases. It details potential settlement values, the factors influencing them, and the process involved in pursuing a wrongful death case. The document also discusses the importance of acting quickly due to strict filing deadlines and the potential loss of evidence.

1. Florida Wrongful
Death Lawsuits
Everything You Need To Know

2. Unfortunately, we can’t make the pain go away.
Wrongful death cases are always filled with anguish for our clients. We always regret that
we can only try to help ease any financial strain created by your tremendous loss.

3. But We Can Help You
Navigate The Complex
Florida Wrongful Death
Laws
•Potential wrongful death settlement
amounts vary a lot depending on the
type of case.
•Only people who are defined as
“survivors” under Florida’s wrongful
death statute can file a lawsuit for
money damages.
•WHO is a legal survivor depends
on whether your loved one died as a
result of medical malpractice, or
something else.
•Florida medical malpractice
wrongful death cases have extremely
limited definitions of survivor.

4. If you have a potential Florida
medical malpractice wrongful death
case
• Florida wrongful death laws regarding who can sue
for medical malpractice are VERY UNFAIR.
• In 99% of cases, ONLY three categories of people
can bring a Florida medical malpractice wrongful
death suit: surviving spouses, children (but ONLY if
one of their parents died before they turned 25), or
parents (but ONLY if their child died before they
turned 25).

5. The Florida Legislature & Doctors’ Lobbyists Are To Blame
Florida’s Wrongful Death Law Is Extremely Unfair To Victims & Their Families.

6. There are very limited exceptions, when
other survivors can sue for wrongful death
based on med mal in Florida.
• The Florida wrongful death statute is extremely
restrictive when defining survivors of wrongful
death, when the cause of death was medical
malpractice.
• 99.9% of the time, we only consider cases from
surviving spouses, children under 25 when one of
their parent’s died, or parents whose children died
before age 25.

7. Very Rare Exception
• IF the survivor was totally financially dependent on
the deceased, and there was a very good reason for
that dependence (such as a completely disabling
medical condition), then we may consider still
consider a Florida medical malpractice wrongful
death case.
• We cannot make any other exceptions.
• The cases with the evidence to prove this limited
exception are very rare.

8. If your loved one died from
something other than medical
malpractice.
• If the potential wrongful death is based on anything
other than medical malpractice, we consider cases
from surviving spouses, children of any age if there
was no surviving spouse, and parents of children of
any age, as long as there was no surviving spouse or
children.
• Those restrictions are also unfair. But they are more
generous than wrongful death based on med mal.

9. There are many different types of potential
Florida wrongful death cases.
The biggest categories include auto accidents, premises liability (dangerous property),
negligent security, dangerous products, and medical malpractice. But there are others.

10. The Value of Florida Wrongful Death Cases Varies
A lot. Depending on numerous complex factors.

11. The Highest Value Florida Wrongful
Death Cases
• Require good evidence of the fault of the defendant.
• Require good evidence of the closeness of the
relationship between the deceased & survivors
• More survivors is higher in value because each has
his or her own claim.
• Require that the deceased wasn’t partially responsible.
• Require high insurance coverage or collectible assets.

12. Lower Value Florida Wrongful
Death Cases
• Insurance policy limits (like automobile policy amounts)
sometimes cap available recoveries.
• If the survivors weren’t close to the deceased, the case values are
lower, but still can be high (such as 250K-500K instead of 1M).
• If the deceased shared some blame for the accident, or the
defendant wasn’t 100% at fault, the case can have lower value.
But, again, the values can still be high.
• A single survivor will have a lower value case than multiple
survivors, because each survivor has his or her own claim.

13. Average FL
Wrongful Death
Case Values
•The average value of all reported Florida
wrongful death cases is 1.2 million.
•This is before fees, costs, and related
outstanding medical liens, or other liens
(such as prior attorneys’ fees).
•Please note this amount INCLUDES
cases that involve multiple survivors, which
are higher because each survivor has their
own claim.

14. Values of
Orlando
Wrongful
Death
Cases are
Lower
When…
There is low insurance
coverage (this happens often
in auto accidents, but is
higher with commercial
vehicles, semi-trucks, Uber or
Lyft vehicles, construction
vehicles, etc).
There is only one survivor
The evidence of the
defendant’s fault is unclear
The deceased shares some
fault.
The relationships between the
survivors and deceased were
not strong.

15. Values of Florida Wrongful Death
Cases Are Higher When…
The defendant’s fault is
clear.
There are multiple
statutory survivors.
The survivors were very
close to the deceased.
The deceased had high
earnings prior to his or her
death.
The deceased was not
negligent, at all.
There is a commercial
defendant, such as a
business, doctor or
hospital, semi-truck, Uber
or Lyft vehicle, or
construction vehicle.

16. If You Have A Potential
Florida Wrongful Death
Case, You Should Not Delay
•There is a strict statute of limitations for
filing all wrongful death lawsuits.
•This is the deadline for filing a Florida
wrongful death lawsuit.
•Other states may have different laws.
•The deadline is two years from the date
of death, or the date of discovery of the
negligence.
•The case law regarding “date of
discovery” is extremely complicated.
•The deadline is STRICT, so you MUST
act fast.

17. If You Have A Potential Florida Wrongful Death Case, You
Need To Act Quickly
Even if you are no where near the Florida wrongful death statute of limitations. The
reason is that the best evidence can disappear very quickly. This may include witness
statements, documents or physical evidence. We need good evidence to prove your case.

18. Timeframe for Florida Wrongful
Death Cases Varies A Lot, Too
• If we are able to accept your wrongful death case, we will work
as quickly as possible to get you the most money possible.
• We are very aware that many people face extreme financial
hardship after losing a loved one.
• Sometimes we can recover a lot of money within just 30-60
days.
• Unfortunately, if we have to file a lawsuit, recovery could take
anywhere from 60 days to several years.
• This is due to the trial court calendar, and many steps involved
in the pre-trial process.

19. There Are Many Steps
Involved In Proving A
Wrongful Death Case
Not all cases need every step, however.
For example, we can settle some cases pre-suit.
When we can settle depends on the facts.

20. Stages Of Florida Wrongful Death
Lawsuits
• Pre-suit (before we file any lawsuit in court);
• Pre-trial (after we file suit, but before trial)
• Trial
• There can be appeals, but they are rare.

21. Wrongful Death Pre-Suit Action
List
1
Analyze what
evidence will be
needed to prove
the case.
2
Investigate
whether we can
get that
evidence.
3
Investigate all
potential
defendants &
insurance
policies.
4
Send letters
notifying the
insurance
companies that
we represent
our client(s).
5
If needed, send
letters to
preserve
evidence.
6
Sometimes send
demand
packages to try
to settle the
case.

22. Wrongful Death Pre-Trial Action
List
• Continue analyzing & investigating applicable facts & law.
• Talk to friendly witnesses.
• Send “written discovery” to the defendant(s), which means questions & document
requests.
• Take the depositions of the defendant, and sometimes his witnesses, representatives, or
experts. These are verbal questions with a live court reporter present, along with lawyers
for both sides.
• Hire experts, if needed.
• Prepare our clients for their depositions & mediation.
• Assemble detailed presentation for mediation.
• File or reply to numerous potential written motions in court, regarding many different
complicated legal issues that can arise in all cases.

23. Wrongful
Death
Trial
Checklist
Meet Meet with our experts, to help prepare them to testify.
Prepare Prepare exhibits, such as photographs, or large displays of
the applicable law.
Prepare Prepare voir dire questions (these are questions we can ask
potential jurors to learn more about them).
Prepare Prepare our clients & friendly witnesses for their
testimony.
Plan Plan questions for all witnesses.
Review Extensively review medical records, if applicable.
Review Review written discovery responses & documents
produced in case.
Review Review all deposition testimony, from all witnesses &
experts.

24. Only 2% Of Florida Wrongful Cases Go To Trial.
90% are settled before, during, or shortly after mediation. Many are settled pre-suit.

25. Pre-Suit Settlement Factors
• Most insurance companies will not pay high values without
knowing that the plaintiff’s lawyer will file suit.
• That means we often have to file suit, and work hard during the
pre-trial process, to prove we are serious, and get the highest
possible case values.
• Not all wrongful death lawyers file lawsuits. So insurance
companies need to know the threat of trial is real.
• Sometimes we can settle lower insurance policy wrongful death
cases pre-suit, after providing all necessary evidence to the
insurance companies.
• Sometimes, for strategic reasons, we think our client should try to
settle pre-suit, due to potential problems with the evidence.

26. How We Get The Most Money
Possible For Florida Wrongful Death
Cases
• Insurance companies & corporate defendants pay the highest
values when their opponents are well-prepared.
• We extensively prepare our cases, and that preparation shows, in
our documents, motions, and live presentations.
• We extensively research similar case settlement & verdict values,
so our clients know how their results compare to others with
similar case facts, before they agree to any settlements.
• We extensively prepare our clients & their experts, or other
witnesses, for their depositions, and trial testimony (if the case
hasn’t settled before those things).

27. We have recovered millions
of dollars for our clients.
We can help you get the most money possible,
if you have a potential Florida wrongful death
case.

28. Just A Few Examples
• We recovered 1.97 million in a semi-truck wrongful death case with one survivor, and a 2
million dollar policy (this was a policy limit case, defense costs were deducted), despite strong
comparative negligence arguments. This was before our client’s costs & fees were deducted.
• We recovered 1 million, and are still pursuing more money against another defendant, in a
vehicle roll-over case with very serious injuries.
• We recovered 3.5 million, and are still pursuing against another defendant, in a medical
malpractice wrongful death case (as co-counsel with another law firm, although we are active
co-counsel).
• Some wrongful death case values are MUCH lower because the available insurance can be
very low. For example, we have settled wrongful death cases as low as 20K and 75K (both
auto policy limits).
• With mixed facts, we recovered $480,000.00 in a motorcycle accident wrongful death case
where the deceased wasn’t wearing a helmet, and the survivors were totally estranged from
the deceased, whom they hadn’t seen for 25 years.
• Please see important reminders on the next page.

29. Reminders
If there are BAD facts or LOW insurance, the
values will be lower.
The values could be higher with GOOD facts,
HIGHER insurance, and more survivors.
The prior examples were all calculated before
our clients’ costs, medical bills, and attorneys’
fees were deducted.
Case results will vary depending on the facts.

30. Why Hire
Us?
•Ms. Tina Willis is a former big
firm defense lawyer, with
experience defending cases worth
many millions of dollars.
•She has recovered millions for
her own clients.
•She is a former law professor.
•She graduated 2nd in her law
school class.
•She has won many prestigious
industry awards (see next page).
•Many other serious injury, death,
and malpractice lawyers have
trusted her to create arguments in
some of their highest value cases.

31. Prestigious Awards We’ve Won
• nominated as a “Ten Best Female Lawyers” in Florida, by
the American Institute of Personal Injury Attorneys;
• selected as one of the “10 Best Florida Lawyers,” by the
American Institute of Legal Counsel;
• selected as a National Trial Lawyers as a Top 100 Trial
Lawyer;
• selected as a “10 Best” Client Satisfaction Award, from
the American Institute of Personal Injury Attorneys;
• member of the Million Dollar Advocates Club (fewer
than 1% of attorneys nationwide are members).

32. And there’s more:
• selected by Expertise.com as one of the 20 best Orlando
medical malpractice lawyers;
• selected as a Number One Personal Injury, Car Accident &
Wrongful Death Attorney By Orlando Style Magazine, based on
client and other attorney ratings;
• selected as one of the “Three Best Rated” Orlando Accident
Attorneys based on handpicked selection;
• achieved a “superb” perfect “10.0” AVVO rating as an auto
accident attorney; and
• named one of Orlando’s “Ten Best” personal injury attorneys
by Thumbtack rating system.

33. We are proud of our many 5 star client reviews.
Google doesn’t allow us to cut and paste those on this website. But you can Google “Tina
Willis Law Orlando” to read them for yourself. We hope you do!

34. But the biggest reason you should call
us has nothing to do with awards.
• You should call because we care about getting our clients
the most money possible.
• We always work with a team of highly skilled lawyers and
other legal professionals & experts, who also care about
achieving the highest quality results.
• We pride ourselves on providing the highest level of
personalized service.
• We are NOT a high volume, settlement mill law firm.
• We highly recommend you avoid those, if you want an
actual lawyer handling your case.

35. If you have a potential Florida wrongful death case, please
call or text us now. (407) 383-7290
We provide fast, free & thorough telephone consultations. We will also meet in person if
we think we can accept your case. We accept calls & texts 24 / 7 / 365 (response times
vary after hours & on weekends & holidays).

36. For more information
• Please visit our website, Orlando Wrongful Death Lawyer.
• Or just call or text us now. (407) 383-7290.
• If we think we might be able to accept your case, then we
can usually have you speaking with an experienced
wrongful death lawyer very quickly.
• Please do not delay; valuable evidence may be lost or
destroyed. Or the strict deadline for filing your lawsuit
could pass.