Have you recently experienced the sudden and tragic death of a family member in St. Petersburg, Florida? Was your loved one’s death the result of another person’s negligent or wrongful actions? If so, don’t hesitate to call Graves Thomas Rotunda Injury Law Group You deserve justice, and our St. Petersburg wrongful death lawyers are here to help you make the most of this incredibly difficult situation.
For almost 20 years, families in St. Petersburg, FL, have trusted Graves Thomas Rotunda Injury Law Group to help them take on powerful corporations, defense attorneys, and government agencies after devastating accidents and acts of violence. As recognized leaders in personal injury litigation, our award-winning Florida trial attorneys have secured millions of dollars in financial awards.
Money won’t bring your loved one back to you. However, it can give you a sense of justice and help to offset the financial uncertainty of your future. Let us help you maximize your recovery by contacting our St. Petersburg wrongful death attorneys for a free consultation now at (772) 569-8155.
How Graves Thomas Rotunda Injury Law Group Helps Families After Fatal Accidents in St. Petersburg, FL
You’re dealing with an unimaginably difficult loss. You shouldn’t have to struggle with the financial consequences on your own, too. Through a wrongful death lawsuit, you can fight to hold the person (or parties) responsible for your loved one’s death accountable.
Our St. Petersburg personal injury lawyers can help.
Choosing Graves Thomas Rotunda Injury Law Group puts award-winning Florida trial attorneys with over half a century of collective experience in your corner. We’re recognized for excellence in civil litigation by The National Trial Lawyers, Super Lawyers, the Multi-Million Dollar Advocates Forum, Martindale Hubbell, and other leading legal organizations.
When you ask for our help after the death of a family member in St. Petersburg, FL, we’ll put the full force of our law firm behind your fight for justice.
Count on us to:
- Handle all aspects of your wrongful death case to give you the time you need to focus on remembering your loved one and moving forward
- Ensure that your loved one’s death is subject to a thorough independent investigation
- Gather evidence needed to build and support a successful legal claim for damages
- Enlist expert witnesses to weigh in as we build your case and assess your family’s damages
- Aggressively seek a significant settlement offer during negotiations with the defense
- Take your family’s wrongful death lawsuit to a Pinellas County jury, if necessary
Don’t let the perceived cost of hiring a St. Petersburg wrongful death attorney stand between you and the legal assistance you deserve. At Graves Thomas Rotunda Injury Law Group, our wrongful death attorneys represent families on contingency. We don’t get paid until we win compensation for you.
Your first consultation is free, so contact our St. Petersburg, FL, law office to discuss your family’s wrongful death case now.
How Does Florida Define Wrongful Death?
Florida’s Wrongful Death Act defines wrongful death as a death caused by another person’s “wrongful act, negligence, default, or breach of contract or warranty.”
The definition is quite broad and, in turn, can apply to situations where deaths are caused by:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Uber and Lyft rideshare accidents
- Bus accidents
- Boating accidents
- Slip and fall accidents
- Dog bites and animal attacks
- Defective products
- Construction accidents
- Workplace accidents
- Nursing home abuse and neglect
- Medical malpractice
- Birth injury
- Assault
- Sexual assault
Since the victim of the accident doesn’t survive, the right to take legal action shifts to a surviving party.
Who Can File a Wrongful Death Lawsuit in St.Petersburg?
Not just anyone can file a wrongful death lawsuit in St. Petersburg. In Florida, only the personal representative of the victim’s estate has the right to initiate a wrongful death claim.
The personal representative is typically a close family friend, a family member, or a personal injury attorney in St. Petersburg.
The personal representative files the wrongful death lawsuit “for the benefit of the decedent’s survivors and estate.”
The decedent’s survivors might include:
- Spouse
- Children
- Parents
- Other next of kin
Any damages recovered through a wrongful death claim must be apportioned between the survivors and the estate “fairly.” What’s fair will depend on the facts of each individual situation. There have been instances when allocating all of the damages to a victim’s family, and none to the estate has been deemed “fair.”
What Do I Have to Prove to Win a Wrongful Death Lawsuit?
The cause of action for your wrongful death lawsuit will depend on the circumstances of your loved one’s death.
In Florida, wrongful death lawsuits can be based on the tort of negligence, intentional torts, or strict liability.
Most wrongful death lawsuits are based on negligence. In these situations, the personal representative who initiates the claim must be able to prove:
- The defendant owed the decedent a duty of care (e.g., to drive in accordance with Florida traffic laws)
- The defendant breached the duty of care owed to the decedent (e.g., the defendant was texting and driving)
- The defendant’s actions directly contributed to the decedent’s death (e.g., the defendant ran a red light because they were distracted and broadsided the victim’s car)
- The victim’s family and/or estate have suffered damages as a result
Regardless of the cause of action, a wrongful death lawsuit must be proven by a preponderance of the evidence. The plaintiff’s claims must be more likely true than not (when supported by evidence and facts).
Our wrongful death attorneys in St. Petersburg have extensive experience building successful legal claims on behalf of families like yours. We know the best strategies for investigating these types of cases, which evidence will be most compelling, and which case law can help you really emerge with the victory you deserve.
Contact our law office in St. Petersburg, FL, to discuss the details of your family’s wrongful death lawsuit today. Members of our team are standing by to help right now.
What Compensation Can Be Awarded to Families in a Wrongful Death Case?
Wrongful death lawsuits are different from other types of personal injury claims. One of the biggest differences involves the types of damages that can be awarded.
Florida law gives the personal representative to seek both economic damages and non-economic damages on behalf of the family for:
- The value of lost support and services
- Loss of spousal companionship and protection
- Mental pain and suffering for a parent, child, and/or spouse
- Lost parental companionship, instruction, and guidance
The representative can also seek the following compensatory damages on behalf of the victim’s estate:
- Lost wages between the date of the victim’s injury and death
- Medical or funeral expenses charged against the estate or paid on behalf of the victim
If a wrongful death lawsuit goes to trial, a Pinellas County jury will also have the power to award punitive damages. However, punitive damages are limited to cases where it’s clear that the defendant’s actions were intentionally harmful or grossly negligent.
How Could Florida’s Comparative Fault Statute Affect a Wrongful Death Settlement?
Sometimes, more than one person contributes to an accident. In these situations, Florida’s modified comparative negligence statute dictates that liability is equal to shared fault.
Sharing fault for an accident will have a direct and adverse impact on a victim’s ability to recover compensation. Damages are reduced proportionately to fault up to 50 percent. When liability exceeds half, the right to demand damages from a third party is lost.
In matters of wrongful death, a decedent’s shared fault is taken into consideration. A family can recover compensation as long as the decedent was not primarily responsible for their fatal injuries.
When the decedent shares some of the blame, the damages that can be awarded in a related wrongful death lawsuit are subject to reduction. If your spouse was killed in a St. Petersburg car accident and shared 25 percent of the blame for the fatal crash, your wrongful death recovery will be reduced by 25 percent.
Our wrongful death attorneys in St. Petersburg know that the defense won’t hesitate to point fingers and blame your loved one for their fatal wounds. We’ll be ready to counter these allegations and protect your opportunity to get the compensation you deserve.
What is the Statute of Limitations on Wrongful Death Lawsuits in Florida?
Families, through the decedent’s personal representative, will have up to two years to formally seek compensation for wrongful death. The two-year statute of limitations begins to run on the date of a person’s death, which might not necessarily be the date they sustained their fatal injuries.
You will lose the right to demand monetary justice once the filing deadline passes.
Schedule a Free Consultation With an Experienced St. Petersburg Wrongful Death Lawyer
You shouldn’t have to navigate this stressful time in your life on your own. You also shouldn’t be forced to relive your worst nightmare over and over again. Call Graves Thomas Rotunda Injury Law Group, and ask our St. Petersburg wrongful death attorneys to take charge of your fight for compensation.
We’re award-winning Florida litigators with a proven track record of success. Putting our client’s needs first, we’ve won millions of dollars from insurance companies, government agencies, negligent healthcare providers, and other powerful adversaries.
Now, we’re ready to be your most passionate advocate, too. Call our St. Petersburg, FL, law office to get started. There’s no charge for your first case evaluation.