Clearwater Wrongful Death Lawyers

Need A Wrongful Death Lawyer In Clearwater?

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 in Clearwater, Florida, then understanding your legal rights is critically important.

At Herman & Wells, our dedicated team of 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 also sincere empathy that each member brings with them into every case they handle.

Please call (727) 821-3195 if you’d like to speak to an attorney regarding a wrongful death claim in Clearwater.

Florida’s Wrongful Death Statute

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 the family members to seek damages for their loss, including lost wages and medical expenses. A Clearwater wrongful death attorney can help you determine if your case qualifies for filing a wrongful death lawsuit.

Common Causes Of Wrongful Death Claims In Clearwater

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:

Medical Malpractice

Clearwater, Florida has a long history of medical malpractice cases, ranging from misdiagnosis to surgical errors. If a doctor or other healthcare professionals negligence or carelessness results in the death of a patient, wrongful death lawyers can pursue a wrongful death claim on behalf of their client.

Car Accidents

Clearwater, Florida 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.

Premises Liability

Clearwater, Florida 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 Clearwater wrongful death lawyer 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.

Is Wrongful Death A Crime In Florida?

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.

Who Can File A Wrongful Death Lawsuit?

In Clearwater, Florida, 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.

Woman encourages family to find a good team of Clearwater wrongful death lawyers

What Damages Can Our Clearwater Wrongful Death Lawyers Recover?

At Herman & Wells, we understand the magnitude of a wrongful death case and are dedicated to helping you seek justice. Our Clearwater based lawyers highly skilled in seeking damages for families in Florida who have lost a loved one due to negligence. The most common damages our Clearwater wrongful death lawyers pursue are:

  • Funeral and burial costs
  • Medical expenses associated with the deceased’s care prior to death
  • Pain and suffering of the deceased
  • Loss of income for surviving family members
  • Loss of companionship, guidance, or support from a partner, parent, or child.

Our Clearwater wrongful death 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.

Does Insurance Cover Any Part Of A Wrongful Death Claim In Florida?

When bringing a wrongful death claim in Clearwater, Florida, 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 Clearwater wrongful death lawyers are experienced in navigating insurance policies and ensuring that you’re getting the full amount of compensation you deserve.

$1,508,000 settlement from a wrongful death caused by an intoxicated driver

How To Find A Good Attorney In Clearwater For A Wrongful Death Claim

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 Clearwater wrongful death attorney can provide invaluable guidance and representation during this difficult time. When looking for an attorney, there are several things to consider:

1) Experience

An experienced Clearwater wrongful death attorney will have a comprehensive understanding of Florida law regarding wrongful death claims, as well as the necessary resources and experience to ensure your case is successfully handled.

2) Availability

It’s important that you find an attorney who is available and willing to dedicate time to your case.

3) Reputation

Look for Clearwater wrongful death attorneys who have a solid reputation in the legal community, with positive reviews and testimonials from past clients.

4) The Right Fit

Finally, it’s important to be comfortable talking to the attorney you choose. Ask questions and make sure that your Clearwater wrongful death attorney is someone you feel confident working with throughout.

What Is The Statute Of Limitations For Wrongful Death Claims In Clearwater?

If you have recently lost a loved one due to the negligence of another person or entity in Clearwater, Florida, 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 Clearwater’s statute of limitations.

In Clearwater, Florida, 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 in Clearwater. 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 in Clearwater 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.

What To Expect If You Need To File A Lawsuit

If you need to file a wrongful death lawsuit in Clearwater, Florida, 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:

1) Investigation & Preparation

Clearwater wrongful death attorneys will thoroughly investigate the case and work to build a strong legal argument in support of your claim.

2) Filing The Complaint

The Clearwater wrongful death attorney will file the complaint with the court, outlining your case in detail.

3) Discovery Phase

Clearwater wrongful death attorneys will work to uncover evidence and information that supports your case.

4) Take A Settlement Offer Or Got To Trial

Clearwater wrongful death 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.

How Expensive Are Wrongful Death Lawyers In Clearwater?

The cost of wrongful death lawyers in Clearwater, Florida 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 Clearwater wrongful death 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 Clearwater wrongful death lawyer who can provide you with the best possible representation for your particular situation.

Our Clearwater wrongful death 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.

Talk With One of Our Clearwater Wrongful Death Lawyers

We provide Clearwater wrongful death legal services throughout Florida and have helped many families get the justice they deserve. Contact (727) 821-3195 today to schedule a free consultation to discuss your case and learn more about our services. We are here to support you through this difficult time and work to get you the full and fair compensation that you deserve.

Case Results

See More Case Results

Wrongful Death Settlement

Our client’s 28 year old son was killed by a car. Prior to being hit by the car, he had been in an altercation and was “knocked out” and was lying in the middle of the street. A motorist then struck him and drug him nearly three blocks under their car. Testing showed that the motorist had a blood alcohol content above the legal limit. The wrongful death case was settled for $1,508,000.00.

Initial Position

Wrongful Death


Intoxicated Driver Killed Father and Husband

We represented a family who lost their father and husband in an accident involving a truck driven by a driver believed to be under the influence.  We filed a lawsuit on behalf of the family and after fighting for our clients, we were able to settle their case for $2,050,000.

Initial Position

Wrongful Death


Call us today for a Free Case Evaluation

(727) 821-3195