$50M+ RECOVERED FOR CLIENTS
Table Of Contents
Losing a loved one due to somebody else’s negligence is an incredibly difficult and devastating experience for everyone involved. In these harrowing times, it can be extremely challenging to even think about what legal options you may have as the victim of such a tragedy. However, if your family has suffered the wrongful death of a loved one, understanding your legal rights is critically important.
At Herman & Wells, our dedicated team of Clearwater wrongful death lawyers is ready to help guide you through this emotional journey and seek justice for your lost loved one. We want you to know that we are here for you – not only do we bring decades of combined legal experience, but we also bring sincere empathy.
Please call (727) 821-3195 if you’d like to speak to a personal injury attorney regarding a wrongful death claim in Clearwater.
Wrongful death cases in Clearwater often involve tragic accidents that happen on some of the area’s busiest roads and waterways. Heavy traffic along US-19, Gulf-to-Bay Boulevard, McMullen Booth Road, and Clearwater Beach routes increases the risk of serious crashes involving speeding, distracted driving, aggressive lane changes, and impaired drivers. Intersections near Countryside Mall, downtown Clearwater, and beach access areas frequently experience heavy congestion, especially during tourist season and spring break periods. Fatal motorcycle accidents and pedestrian collisions are also common in parts of Pinellas County where traffic remains crowded year-round.
Clearwater’s popularity as a beach and boating destination also creates risks that are less common in other parts of Florida. Boating accidents involving intoxicated operators, inexperienced renters, overcrowded vessels, or equipment failures may lead to fatal injuries in the Intracoastal Waterway or near Clearwater Pass. Jet ski accidents and collisions involving charter boats may also result in wrongful death claims against negligent operators or companies.
Clearwater families may also face wrongful death situations tied to nursing home neglect, dangerous property conditions, or medical mistakes. The area’s large retiree population creates additional concerns involving falls, medication errors, dehydration, delayed emergency care, and negligent supervision in assisted living facilities or nursing homes throughout Pinellas County.
Commercial vehicle accidents can also lead to devastating losses. Delivery drivers, landscaping trucks, utility vehicles, rideshare drivers, and large commercial trucks travel Clearwater roads daily, especially near retail corridors and construction zones. Fatal crashes may happen when companies fail to maintain vehicles properly, pressure drivers to meet unrealistic schedules, or ignore important safety rules.
At Herman & Wells, we understand that no two wrongful death cases are alike. We take time to learn what happened, explain the legal process in simple terms, and keep families informed throughout the case. We are committed to regular communication and transparency, which is why we back our representation with our 30-Day Communication Promise. If you have questions about your case, you should never feel left in the dark. Our attorneys contact clients regularly because we believe communication matters during difficult times like these.
Under Florida Statutes 782.04 and 768.21, certain relationships qualify for a claim involving wrongful death. When someone dies due to the negligence or other wrongful conduct of another, Clearwater residents and next of kin may be able to bring a wrongful death lawsuit.
Wrongful death lawsuits are civil claims that allow family members to seek damages for their loss, including lost wages and medical expenses. A Clearwater attorney can help you determine if your case qualifies for filing a wrongful death lawsuit.
Wrongful death claims can arise from a variety of situations, including medical malpractice, car accidents, and premises liability. Clearwater, Florida, has its own unique legal landscape that wrongful death lawyers must understand in order to pursue justice for their clients.
Here are three common causes of wrongful death claims in Clearwater:
Clearwater, Florida, has a long history of medical malpractice cases, ranging from misdiagnosis to surgical errors. If a doctor or other healthcare professional’s negligence or carelessness results in the death of a patient, wrongful death lawyers can pursue a wrongful death claim on behalf of their client.
Clearwater is home to many busy roads and highways, which can increase the likelihood of fatal car accidents. If a driver’s negligence or carelessness results in a fatal accident, wrongful death lawyers may be able to help family members seek justice on behalf of their loved one.
Clearwater has many businesses and organizations that must ensure their premises are safe for visitors. If a business or organization fails to provide adequate security or upkeep of their premises, resulting in a wrongful death, wrongful death lawyers can pursue a claim on behalf of the family members of the deceased.
If you believe your loved one may have been wrongfully killed due to the negligence of another, contact a wrongful death lawyer in Clearwater today. They will be able to provide you with more information and help you determine if filing a wrongful death claim is right for your situation.
Wrongful death is not a criminal act as defined by Florida statutes. However, there may be criminal charges associated with the wrongful death of an individual.
The Clearwater wrongful death attorney who handles your case will investigate the facts surrounding the incident and gather evidence to support your claim, including interviewing witnesses and obtaining medical records.
Your lawyer can help you understand what damages are available to you, as well as possible legal defenses that may arise in a wrongful death case.
The surviving spouse, children, or parents of an individual who has died due to the neglect or wrongful act of another may file a wrongful death lawsuit.
In some cases, a personal representative appointed by the court may also be allowed to bring suit on behalf of the deceased’s estate. Depending upon state law, other family members, such as siblings and grandparents, may also be eligible to pursue a wrongful death suit.
It’s important to consult with an experienced Clearwater-based wrongful death attorney as soon as possible after the loss of a loved one occurs in order to determine if you have a valid claim and what type of compensation you may be entitled to.
Yes. Florida law allows certain surviving family members to recover compensation depending on their relationship to the deceased person. This may include spouses, children, parents, or other relatives in specific situations.
The damages available may vary depending on the relationship involved and the financial or emotional support the deceased person provided before the death occurred. In some cases, compensation may also involve future lost income, loss of companionship, or the value of household support the loved one would have continued providing.
At Herman & Wells, we understand the magnitude of a wrongful death case and are dedicated to helping you seek justice.
Our Clearwater-based lawyers are highly skilled in seeking damages for families in Florida who have lost a loved one due to negligence. The most common damages our lawyers pursue are:
Our lawyers can also negotiate for punitive damages, which are awarded in cases with particularly egregious negligence and are meant to punish the at-fault party and prevent similar occurrences from happening in the future.
When bringing a wrongful death claim, insurance coverage can play an important role. Many types of insurance policies have provisions allowing for compensation related to wrongful death claims.
This includes both liability insurance, which pays out when the policyholder is found responsible for the wrongful death, and life insurance that provides benefits to certain beneficiaries upon the insured individual’s death.
Our wrongful death lawyers in Clearwater are experienced in navigating insurance policies and ensuring that you’re getting the full amount of compensation you deserve.
If you’re considering filing a wrongful death claim in Clearwater, Florida, it’s important to make sure you have the right attorney by your side. A good attorney can provide invaluable guidance and representation during this difficult time. When looking for an attorney, there are several things to consider:
An experienced attorney will have a comprehensive understanding of Florida law regarding wrongful death claims, the resources to thoroughly investigate and build your case, and a track record of trial readiness. Insurance companies and defense attorneys negotiate differently with firms known to take cases to trial when necessary, which can make a meaningful difference in the outcome of your claim.
It’s important that you find an attorney who is available and willing to dedicate time to your case.
Look for attorneys who have a solid reputation in the legal community, with positive reviews and testimonials from past clients.
Finally, it’s important to be comfortable talking to the attorney you choose. Ask questions and make sure that your attorney is someone you feel confident working with throughout.
If you have recently lost a loved one due to the negligence of another person or entity, you may be able to pursue a wrongful death claim. However, these cases must be filed within a certain amount of time after the incident has occurred, according to Florida’s statute of limitations.
The wrongful death statute of limitations is two years. This means that a wrongful death claim must be filed within two years of the date of death. After this time period passes, you will no longer be able to pursue legal action regarding the incident.
It is important that those considering pursuing a wrongful death case seek legal representation as soon as possible. Experienced wrongful death attorneys can provide invaluable guidance and support throughout the process, helping to ensure that your claim is filed on time and in accordance with Clearwater’s wrongful death laws.
If you need to file a wrongful death lawsuit, it is important to understand the unique legal process that may apply. Clearwater follows Florida’s laws concerning wrongful death claims and lawsuits. The timeline for your wrongful death suit may look like this:
Attorneys will thoroughly investigate the case and work to build a strong legal argument in support of your claim.
The attorney will file the complaint with the court, outlining your case in detail.
Attorneys will work to uncover evidence and information that supports your case.
Attorneys may work with the other party’s legal team to reach a settlement agreement or prepare for a trial if necessary.
No matter what stage of the process you are in, the Clearwater wrongful death attorneys of Herman & Wells are here to offer experienced and compassionate legal advice. We understand that this can be a difficult time, and we strive to make the process as seamless as possible.
The cost of wrongful death lawyers in Clearwater can vary widely depending on several factors. Generally speaking, however, the cost of a wrongful death attorney will depend on their experience and expertise as well as the complexity of your case. On average, Clearwater wrongful death attorneys charge between $200 to $500 per hour for their services.
Additionally, some lawyers may require a retainer fee of several thousand dollars to cover the cost of collecting evidence and building your case. It is important to find an experienced lawyer who can provide you with the best possible representation for your particular situation.
Our lawyers work on a contingency fee basis. This means that we will not accept any payment until you receive a settlement or verdict in your favor. We do this so you won’t let finances stop you from getting the best legal representation for your wrongful death claim.
We provide legal services throughout Florida and have helped many families get the justice they deserve. Contact (727) 821-3195 today to schedule a free case evaluation to discuss your case and learn more about our services. When you hire Herman & Wells, you are not only getting experienced legal representation—you are also getting a team committed to keeping you informed through our 30-Day Communication Promise, so you always know where your case stands.
Our Clearwater wrongful death lawyers are here to support you through this difficult time and work to get you the full and fair compensation that you deserve.
Some cases settle within months, while others may take longer depending on the complexity of the investigation, the number of parties involved, and whether the insurance company disputes liability. Fatal accidents involving commercial vehicles, boating accidents, or medical negligence often require extensive investigation.
The timeline may also depend on how long it takes to gather medical records, interview witnesses, review accident evidence, and fully understand the financial impact the loss has had on surviving family members. Herman & Wells works to keep families updated throughout the process so they are not left wondering what is happening with the case.
Florida follows comparative fault rules in many injury cases. Compensation may still be available even if your loved one shared some responsibility for the accident. However, the amount recovered may (depending on circumstances) be reduced based on the percentage of fault assigned.
Insurance companies sometimes try to place unfair blame on the deceased person to reduce what they pay surviving family members. Herman & Wells carefully investigates wrongful death accidents to challenge inaccurate claims and help families pursue the full compensation they may deserve.
Not necessarily, because many wrongful death cases settle before they enter into litigation and go to court. However, if the negligent company, person, or insurance company refuses to offer fair compensation, going to court may become necessary to protect your family’s interests.
Even if a lawsuit is filed, settlement discussions may continue throughout the case. Our experienced trial attorneys prepare every wrongful death case carefully so families are ready if litigation becomes necessary while still pursuing opportunities to resolve the matter outside of court when appropriate.
Herman & Wells handles wrongful death cases in Clearwater, Florida, on a contingency fee basis, so that the families do not pay attorney’s fees upfront. We only collect fees when compensation is recovered through a settlement or verdict.
This arrangement allows families to pursue justice without worrying about paying hourly legal bills during an already difficult time. Our team can also explain the process clearly during a free case evaluation, so families understand what to expect before moving forward.
