Wrongful Death Attorney St. Petersburg

What is a wrongful death claim?

Wrongful death claims are legal actions that families can take when their loved one dies because of the negligence or recklessness of another. Surviving family members can use these lawsuits to recover compensation for their loss while holding the responsible party accountable for their actions.

What types of negligence can lead to a wrongful death claim in St. Petersburg?

These claims arise from various situations. Some common causes of wrongful deaths include:

• Car accidents: Car, truck, motorcycle, pedestrian, and other types of vehicular accidents are some of the most common causes of wrongful death claims.
• Medical malpractice: Sadly, it’s not uncommon for people to suffer injuries because of the negligence of medical providers.
• Slip and falls: Falls that lead to severe injuries are more common than anyone realizes. These are often the result of dangerous conditions on a piece of property, like uneven ground or damaged steps.

Who can file a wrongful death claim in St. Petersburg?

Typically, the personal representative of the deceased's estate files the claim on behalf of the surviving family members. The representative needs to list family members with an interest in the lawsuit when they pursue the claim. Those with an interest may include the deceased’s:

• Spouse
• Children (greater damages are awarded to children under the age of 25)
• Parents

In some cases, other family members may also be eligible if they are financially dependent on the deceased. However, they will only recover after the primary beneficiaries.

Is there a time limit to file a wrongful death lawsuit?

It is important to remember that the statute of limitations in Florida restricts families from filing a claim if they wait too long. The time limit for wrongful death claims is two years following the death.

Can I file a wrongful death claim if my family member was killed on the job?

Workers' compensation typically covers the compensation that families can recover when their loved one dies on the job. However, there are some situations where a family may also be able to file a wrongful death lawsuit. For instance, if a third party, someone other than an employer or coworker, caused the death, the family could have the ability to file a claim.

How does comparative negligence affect a wrongful death claim?

In many accidents, especially car crashes, multiple people might be at fault for the resulting injuries. If one person didn’t survive the crash, it may be easier for the other to blame them or claim they were at fault. For this reason, families need to get an attorney involved from the beginning. There are ways to build a case even without the victim being able to provide their side of the story. A St. Petersburg wrongful death lawyer may have strategies, like hiring a crash reconstruction expert who can show what happened.

Even if the victim was partly at fault, this will not prevent them from being able to file a lawsuit. In Florida, you can recover compensation even in cases where you or the deceased loved one was partly responsible for the crash. You could still have a claim as long as the victim wasn’t more than 50% at fault. The way the court handles comparative fault in such cases is by reducing the damages by the victim’s percent of fault. So if the court finds them 20% to blame, they will reduce the total award by 20%.

Will life insurance impact my wrongful death claim?

Life insurance benefits are important for families who lose a loved one, particularly a breadwinner. Families may wonder whether the life insurance policy their loved one took out to safeguard their future will prevent them from recovering compensation in a wrongful death claim. Fortunately, life insurance benefits are separate from wrongful death compensation. The court will not reduce the damages or allow the insurance to offset the total amount that a negligent party must pay.