If you recently lost a close family member in an accident in St. Petersburg, FL, you may have the right to recover compensation for your devastating loss. This is why our St. Petersburg wrongful death lawyers are on standby, ready to fight to maximize your financial recovery.
At Lopez Accident Injury Attorneys, we’re fierce advocates for injury victims and families in St. Petersburg and throughout the greater Tampa Bay area. Our attorneys have more than 25 years of combined experience and have won millions on behalf of grieving families like yours. Contact our St. Petersburg, Florida law office today and continue reading below to learn more.
How Our St. Petersburg Personal Injury Lawyers Can Help If You’ve Lost a Family Member in a Fatal Accident
Money won’t bring your loved one back. It won’t take away the pain you’re experiencing. However, it can help offset the sudden financial burdens of your loved one’s untimely death – and maybe even give you a sense of justice.
Let our wrongful death attorneys handle your fight for damages. Our law firm handles every aspect of wrongful death cases, including:
- Investigate the circumstances of the accident to determine why it happened and who’s at fault
- Identify all possible sources of compensation for your family, including insurance benefits, damages in a wrongful death lawsuit, and/or workers’ compensation death benefits if they were killed on the job
- Gather evidence to demonstrate that your loved one’s death was avoidable and the result of another person’s negligence
- Consult with experts, including financial specialists who can help us understand the value of the damages in your wrongful death action
- Defend your loved one against efforts to blame them for their accident
- Negotiate with insurers and other parties on your behalf
If your family is not offered a fair settlement, our accomplished litigators will be ready to take your case to trial. We are here to do whatever we can to ensure that you get the best possible result.
What is Wrongful Death?
Accidents are, for the most part, entirely avoidable. When someone gets hurt in an accident because someone else is negligent, they often have the right to file a personal injury claim for damages.
That right doesn’t disappear just because an accident is fatal and the victim doesn’t survive. Instead, it passes on to their family members (or, more specifically, their estate).
The Florida wrongful death statute gives families the right to take legal action if death is the result of another’s negligence or wrongful action. In other words, wrongful deaths are the result of an avoidable accident or intentional misconduct.
Do I Have a Wrongful Death Case?
You may have a legitimate wrongful death case if you’ve recently experienced the death of a loved one as a result of:
- Car accident
- Truck accident
- Bicycle accident
- Pedestrian accident
- Motorcycle accident
- Boating accident
- Uber or Lyft accident
- Slip and fall accident
- Dog bite or animal attack
- Assault
- Nursing home abuse or neglect
- Occupational illness or disease
- Construction accident
- Maritime accident
- Cruise ship accident
Equally important, you can trust that an experienced wrongful death attorney St. Petersburg wrongful death attorney will be there to help you move forward and understand your case as much as possible. Give our law office a call to discuss the details of your case with a member of our knowledgeable team today.
Who Can File a Wrongful Death Lawsuit in St. Petersburg, FL?
While close family members can benefit from a wrongful death action, they’re not actually the ones who file the documents. Instead, that’s left to the victim’s personal representative, which is named in the victim’s will. If the decedent didn’t have a will, then the personal representative would be appointed by the court.
Typically, the personal representative is a close family member, anyway. The personal representative files the wrongful death action and surviving family members, including:
- Spouses
- Children
- Parents
- Other blood relatives, and
- Children who relied on the victim for support
Typically, the personal representative is a close family member, anyway. The parties just listed are eligible to benefit from the compensation that’s won in the lawsuit.
Filing Wrongful Death Claims in Florida
Here’s a simple breakdown of how to file a wrongful death claim in Florida:
- Hire a Wrongful Death Attorney: Wrongful death claims involve complex laws and procedures. An experienced attorney will be key in investigating the circumstances, establishing liability, and handling negotiations with insurance companies and legal processes.
- Identify the Personal Representative: As mentioned earlier, this person will file the wrongful death claim on behalf of all survivors.
- Gather Evidence: Your attorney will help gather evidence to support your claim, including police reports, medical records, witness statements, expert testimony (if applicable).
- File the Wrongful Death Claim: The personal representative will file the claim on behalf of the deceased’s estate and list all potential beneficiaries. This includes the deceased’s spouse, children, parents, or any dependents who relied upon the deceased for financial support.
- Negotiation or Trial: Petersburg wrongful death attorneys will attempt to negotiate a settlement with the responsible party’s insurance company. If a settlement cannot be reached, your case may proceed to trial.
What Damages Can Be Awarded in a St. Petersburg Wrongful Death Case?
Unlike other types of personal injury lawsuits, there are limits as to what damages can be awarded in wrongful death actions. The purpose of a wrongful death lawsuit is to compensate the surviving family member(s), not the victim. So, the damages awarded are intended to reflect that. Damages that can be recovered in a St. Petersburg wrongful death lawsuit include:
- Financial support, including income and benefits
- Value of lost services and support
- Loss of companionship, guidance, protection, and instruction
- Medical bills and expenses paid by surviving family members
- Funeral and burial expenses
- Pain and suffering
If the victim survived their fatal injuries for a period of time, then their estate may have the right to file a survival action. Through a survival action, additional compensation can be recovered. This can include money for:
- Medical expenses paid or incurred by the victim
- Lost wages and income
- Mental anguish and suffering
- Loss of net accumulations
Damages in a survival action are paid to the victim’s estate and then distributed to the victim’s heirs.
How Does Shared Fault Impact a Wrongful Death Case in Florida?
When it comes to contributory fault, Florida has adopted a modified comparative negligence system that bars financial recovery if a victim’s share of fault exceeds 50%. As long as they’re 50% or less at fault, they can recover some damages. However, those damages will be reduced by their degree of fault.
This applies to personal injury cases filed by victims and wrongful death lawsuits filed by surviving family members. If a family member’s negligence was a contributing factor in their fatal accident, that will be taken into account when determining how much money you’re able to get through a wrongful death claim.
Furthermore, insurance companies and other parties probably won’t think twice before trying to point fingers and blame your family member for their fatal accident. That’s why it’s important to make sure that you’re represented by a skilled St. Petersburg wrongful death attorney throughout the process.
At Lopez Accident Injury Attorneys, we’ll be ready for these tactics and prepared to fight them every step of the way. We’ll do our best to defend your family member’s name and reputation, and to ensure that you’re awarded all of the money you deserve under the law.
How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in St. Petersburg, FL?
Wrongful death lawsuits are subject to a two-year statute of limitations in the state of Florida. The clock begins to run the date of your loved one’s death. This could be later than the date of their accident, depending on whether or not they survived their injuries.
Two years can go by quickly, especially when you’re grieving the loss of someone you loved so dearly. Don’t miss out on compensation that can make life easier. Contact our St. Petersburg wrongful death attorneys for assistance as soon as you can after your loss. We’ll be there to provide the guidance and legal services you need during this incredibly difficult time.
Schedule a Free Consultation With an Experienced St. Petersburg Wrongful Death Lawyer
Losing a loved one is never easy. Hold the parties responsible for your loved one’s death accountable. Don’t let them walk away without consequence. Contact Lopez Accident Injury Attorneys and ask a St. Petersburg wrongful death attorney to fight for the financial compensation and justice you deserve.
Our law office in St. Petersburg provides a free initial case evaluation and work on a contingency fee basis. So, don’t hesitate to reach out to our attorneys to arrange a time to further explain the legal process and your wrongful death claim. We’re always standing by to take your call – 24 hours a day, 7 days a week.
Visit Our Personal Injury Office in St. Petersburg, FL
Lopez Accident Injury Attorneys
700 7th Ave N Suite B St. Petersburg, FL 33701
(727) 933-0015
We are available 24/7 to take your call; contact us today.
Our personal injury law firm in St. Petersburg, FL also provides:
- Bad Faith Insurance Attorneys in St. Petersburg, FL
- Bicycle Accident Attorneys in St. Petersburg, FL
- Boating Accident Attorneys in St. Petersburg, FL
- Bus Accident Attorneys in St. Petersburg, FL
- Car Accident Lawyer in St. Petersburg, FL
- Maritime Accident Lawyers in St. Petersburg, FL
- Motorcycle Accident Attorneys in St. Petersburg, FL
- Nursing Home Abuse Lawyers in St. Petersburg, FL
- Pedestrian Accident Attorneys in St. Petersburg, FL
- Premises Liability Attorneys in St. Petersburg, FL
- Product Liability Lawyers in St. Petersburg, FL
- Sexual Assault Lawyers in St. Petersburg, FL
- Slip and Fall Attorneys in St. Petersburg, FL
- Taxi Accident Lawyers in St. Petersburg, FL
- Truck Accident Lawyers in St. Petersburg, FL
- Workers’ Compensation Lawyers in St. Petersburg, FL
- Workplace Accident Lawyers in St. Petersburg, FL
- Wrongful Death Attorneys in St. Petersburg, FL
Recent Wrongful Death Blog Posts
- What Are the Odds of Dying in a Car Crash in St. Petersburg, FL?
- What Is the Main Cause of Florida Boating Accidents Leading to Death?
St. Petersburg Personal Injury Resources
- Florida Death Certificates
- Florida State Website
- Can an APRN sign death certificates?
- National Safety Council
Highly Rated St. Petersburg Funeral Homes
- Sorensen Funeral Home – 3180 30th Ave N, St. Petersburg, FL 33713, United States
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- Lawson Funeral Home & Cremation Service – 4535 Central Ave, St. Petersburg, FL 33713, United States
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*Disclaimer – we do not endorse these companies or profit from having them listed on our website.
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