St. Petersburg Wrongful Death Lawyer

Let Our Firm Help You & Your Family

Was your loved one killed in an accident in St. Petersburg, FL? You’ve suffered an unimaginable loss. Our experienced wrongful death lawyer at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can help you fight to recover compensation from the responsible parties.

Since 1955, our legal team has recovered more than $675 million in compensation for our clients. You can trust our award-winning lawyers to fight for you and your family during this difficult situation.

Our St. Petersburg wrongful death lawyers are ready to help you fight for justice. Call (727) 591-3354 or contact us online for a free case review. 

What is Considered Wrongful Death?

In Florida, a wrongful death occurs when a person dies as a result of another party’s negligence, reckless behavior, or intentional misconduct. This type of claim allows the surviving family members to seek damages from the responsible party.

Common situations that may lead to a wrongful death claim include:

• Fatal car, truck, or motorcycle accidents
• Medical malpractice or surgical errors
• Workplace accidents
• Defective products
• Premises liability incidents (such as unsafe property conditions)
• Criminal acts like assault or manslaughter

Wrongful death is a civil matter, separate from any criminal proceedings. That means even if the responsible party is not criminally charged or convicted, they can still be held financially liable in civil court.

How Common Are Fatal Accidents in St. Petersburg?

Fatal accidents happen every day in the state of Florida. In 2020, 3,344 people lost their lives in fatal motor vehicle accidents in Florida. Over 110 of those deaths occurred in Pinellas County. In 2019, at least 306 people lost their lives to fatal work injuries, and 2,764 Floridians lost their lives to fall injuries.

Many of these people were killed in preventable accidents. If they had survived, many of these victims would have the right to file a personal injury lawsuit for damages. That right doesn’t go away just because someone dies. Instead, the surviving family members can take action and hold negligent parties accountable.

Who Can File a Wrongful Death Lawsuit in Florida?

Florida law limits who can file a wrongful death lawsuit. According to the Florida Wrongful Death Act, the personal representative of the deceased person’s estate must file the claim. This individual is usually named in the decedent’s will or appointed by the court if there is no will.

The lawsuit is filed on behalf of the surviving family members, which may include:

• Spouse
• Children (including adopted children and, in some cases, adult children)
• Parents of the deceased
• Blood relatives or adoptive siblings who were partially or wholly dependent on the deceased

It’s important to act quickly. Florida imposes a two-year statute of limitations from the date of death to file a wrongful death claim. Failing to file within this period could mean forfeiting your right to compensation.

Proving Liability in a Wrongful Death Lawsuit in FL

To succeed in a wrongful death claim in Florida, you and your St. Petersburg wrongful death attorney must prove the following elements:

1. Duty of Care: You must show that the defendant owed a legal duty of care to the deceased. For example, drivers owe a duty to operate vehicles safely.
2. Breach of Duty: Next, you must prove that the defendant breached that duty. This could be through negligent actions, reckless behavior, or intentional harm.
3. Causation: It must be clear that the breach of duty directly caused the death. Medical records, accident reports, and expert testimony often help prove this link.
4. Damages: Finally, you must demonstrate that the death resulted in measurable losses—emotional, financial, and otherwise—suffered by the surviving family members or estate.

Each case is unique, and proving these elements can be complex. Having an experienced wrongful death lawyer can make a critical difference in building a strong case.

Compensation for Wrongful Death

Under Florida law, both the estate and the surviving family members may be entitled to compensation. This includes:

For Surviving Family Members:

• Loss of companionship and protection
• Mental pain and suffering
• Loss of parental guidance (for minor children)
• Loss of financial support and services previously provided by the deceased

For the Estate:

• Medical expenses related to the deceased’s final injury or illness
• Funeral and burial expenses
• Lost wages, benefits, and potential earnings the deceased would have provided
• Other costs incurred by the estate

At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we fight to ensure that all possible avenues of compensation are explored and pursued.

FAQs About Wrongful Death Claims in St. Petersburg, FL

How long do I have to file a wrongful death lawsuit in Florida?

 In most cases, you have two years from the date of death to file. However, exceptions may apply, such as in cases involving government entities or criminal investigations. Speak with an attorney as soon as possible.

Do wrongful death settlements go through probate?

Some portions of a wrongful death settlement may go through probate if awarded to the estate. Damages awarded directly to surviving family members generally do not.

Can multiple family members receive compensation?

Yes. The court will allocate compensation among eligible family members based on their relationship to the deceased and the impact of the loss.

What if the deceased didn’t have a will?

A court-appointed personal representative can still file a wrongful death claim on behalf of the estate and surviving family members.

What happens if the defendant is also facing criminal charges?

Civil and criminal cases are separate. You may pursue a wrongful death claim regardless of whether criminal charges are filed or result in a conviction.

How Our St. Petersburg Wrongful Death Attorney Can Help

As much as you try to prepare for the future, it’s never possible to fully prepare for the unexpected death of a loved one. While you’re dealing with your grief, you’ll also have to handle the more practical aspects of life, like work, raising your family, and dealing with household costs. That can make you question your future financial security.

If someone else was responsible for your tragic loss, you deserve to hold them accountable. Our experienced St. Petersburg personal injury attorneys at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can help you seek compensation for the loss you’ve suffered.

Collectively, our legal team has over 300 years of experience in personal injury law. We are the oldest personal injury firm in Tampa Bay — and one of the most decorated. We’ve been recognized as “Super Lawyers” and “Rising Stars” by Thomson Reuters Super Lawyers. Tampa Bay Magazine has also included members of our team on its list of  “Top Lawyers.”

When you hire our legal team to protect your legal rights after a fatal accident, we will:

• Conduct a detailed investigation into the circumstances surrounding your loved one’s injuries and death
• Offer sound legal guidance and help you understand your legal options
• Hire experts and specialists to help with all stages of your case
• Assess the fair value of your insurance claim
• Negotiate with the insurance companies to maximize the value of your settlement

We understand how insurance companies work. We’ll use our experience and knowledge to fight for your family’s rights.

Our team would be happy to sit down with you. Contact us today at (727) 591-3354 to schedule a free consultation with a St. Petersburg wrongful death attorney.