If you have recently lost a loved one and suspect that their death may have been wrongful, it’s important to seek legal help right away. It’s important to find a good lawyer who can help you get justice. A lawyer who specializes in wrongful death cases can evaluate the facts of your case and advise you on how best to proceed.
If you want to speak to a personal injury lawyer about a wrongful death claim in Florida, call Herman & Wells at (727) 821-3195.
After the wrongful death of a loved one, the experienced wrongful death lawyers at Herman & Wells are here to help. We understand that this is an emotionally difficult time for you and your family, and we strive to provide compassionate yet knowledgeable legal guidance throughout the process.
Our St. Petersburg wrongful death lawyers have extensive experience in representing clients through wrongful death and personal injury cases, providing strategic legal advice to ensure the best possible outcome for your case. With decades of collective experience, our St. Petersburg attorneys are equipped with the skills and resources you need to get justice. We understand that compensation can’t make up for who you’ve lost, but it can help alleviate some of the financial burdens. Contact us today to schedule a free consultation.
How Is A Wrongful Death Defined Under St. Petersburg Law?
Wrongful death cases are defined under St. Petersburg, Florida law as a claim brought by the estate of a deceased individual to recover damages resulting from the victim’s death caused by another’s negligence, wrongful act, or omission to take action when they had a legal duty to do so. These claims can include:
- Medical Malpractice
- Motor Vehicle Accidents
- Premises Liability
- Product Liability
If you have lost a loved one due to another’s negligence or wrongful act, you may have grounds to file a wrongful death lawsuit.
If you are considering filing a St. Petersburg wrongful death suit, it is important to seek the help of an experienced St. Petersburg wrongful death lawyer who can guide you through the process and provide valuable legal advice. Contact Herman & Wells today to learn more about wrongful death claims and your possible legal options.
What Damages Can Our St. Petersburg Wrongful Death Lawyers Recover
Our St. Petersburg wrongful death lawyers can help you pursue compensation for any damages related to the death of your loved one, including:
- Medical expenses (including ambulance rides, hospitalization fees, etc.)
- The loss of future income and/or benefits that the deceased would have earned and provided
- Funeral and burial expenses
- Pain and suffering of the deceased prior to death
- Loss of companionship or consortium (if applicable)
Our St. Petersburg wrongful death attorneys understand that no amount of money can replace the loss of a loved one, but filing a claim is often necessary in order to receive justice and bring closure.
Grief Support Resources for St. Petersburg Residents
- Grief Recovery Support Groups
- Suncoast Center Trauma Services
- Compassionate Friends Chapter Locator
- Courageous Parents Network
What to Expect If You Need to File a Lawsuit
It is important that you act quickly and retain the services of a qualified wrongful death lawyer who can help protect your rights and provide guidance on what to expect in the process. A St. Petersburg wrongful death lawyer will be able to explain what is required in order for you to file a wrongful death lawsuit, including filing requirements and any relevant statutes of limitation.
The statute of limitations for wrongful death claims in Florida is two years from the date of the deceased’s death. It is important to file your claim within this timeframe or else it may be dismissed. A St. Petersburg wrongful death lawyer will also investigate the facts of your case and advise you on any potential legal issues that could arise, as well as what kind of evidence may be necessary for success in your case.
The evidence usually necessary in wrongful death claims include:
- Autopsy results
- Police or incident reports
- Medical records
- Witness accounts
- Photographic evidence.
The timeline of a wrongful death lawsuit can vary depending on the specific facts and circumstances of the case. However, in general, a wrongful death lawsuit will progress through several stages, including initial pleadings, discovery, mediation or settlement negotiations, and a final hearing or trial. Your St. Petersburg wrongful death lawyer will be able to guide you through the process and keep you up-to-date on the latest developments in your case.
Is Wrongful Death a Crime in Florida?
In Florida, wrongful death is not considered a crime under the law. Although homicide might lead to a wrongful death claim, not every potential case of wrongful death involves criminal acts. While underlying circumstances might give rise to both a wrongful death claim and a criminal investigation or prosecution, there are some key differences between these two types of cases.
Wrongful death claims are civil actions that can be filed in court by family members of a deceased person who died as a result of someone else’s negligence or wrongful act. The damages recovered in a wrongful death lawsuit help to provide financial compensation for medical bills, funeral expenses, and other losses incurred by the deceased’s family.
A criminal offense in a wrongful death case is a separate issue and must be investigated by St. Petersburg law enforcement and/or the state’s attorney general’s office. If criminal charges are filed in connection with wrongful death, they will be against the at-fault party, not the family of the deceased. The decision of whether or not to bring charges against the at-fault party is up to an elected district attorney or prosecutor. If the state prevails, fines or jail time typically follow.
Although it might seem like both instances could occur simultaneously, they actually don’t. Although the state’s decision to press criminal charges has no sway on your ability to file a civil lawsuit, there are some states that necessitate a civil defendant address all criminal charges before moving forward with their case.
Who Can File a Wrongful Death Lawsuit?
If you have lost a loved one due to the negligence or wrongful act of another in St. Petersburg, Florida, you may be eligible to file a wrongful death lawsuit. The right to sue for wrongful death is given by state laws and typically provided in two forms:
- A claim made by the executor/personal representative of the estate of the deceased.
- A claim made by certain family members on behalf of the deceased.
The executor/personal representative is usually appointed by a court and is responsible for managing the financial affairs and legal matters related to the death. Generally, wrongful death lawsuits are filed by close family members such as a husband, wife, child, parent, or sibling.
It is important for the surviving family to contact a St. Petersburg wrongful death lawyer as soon as possible after the death of their loved one in order to assess the situation and determine if they are eligible to file a claim.
How to Find a Good Attorney in St. Petersburg for a Wrongful Death Claim
If you’re looking for a good wrongful death lawyer in St. Petersburg, Florida, it can be difficult to know where to begin. You need someone who can provide experienced and compassionate legal guidance at this challenging time, while also providing the best possible outcome.
Finding the right St. Petersburg wrongful death attorney begins with researching potential candidates. Make sure you look for one with a solid track record of success in wrongful death cases and read reviews from past clients to get a better understanding of their ability to handle your case. Taking the time to do research can ensure that you have chosen an attorney who is qualified and experienced in St. Petersburg wrongful death laws, and will give you the best chance of obtaining justice.
In St. Petersburg, there are many wrongful death attorneys to choose from, so you may want to narrow your search by looking for lawyers who particularly specialize in the type of case you are seeking help with. Florida law is complicated and understanding all of the nuances can be difficult without an experienced St. Petersburg wrongful death lawyer. Additionally, a good St. Petersburg lawyer will have additional resources that can be of assistance during your case.
You should also visit the St. Petersburg Bar Association website to find a list of attorneys who practice in St. Petersburg and the surrounding areas. The Bar Association will provide a description of each attorney’s background, including their years in practice, areas of specialization, and any awards or recognition they have received.
Additionally, St. Petersburg wrongful death attorneys may offer free consultations so you can discuss your case in more detail. During the consultation, ask questions such as what type of experience they have handling wrongful death cases and whether they are familiar with St. Petersburg laws that may be applicable to your case. Also, inquire about their fees and payment options to make sure you can afford legal representation.
When you are ready to select a St. Petersburg wrongful death lawyer, consider obtaining a referral from friends or family who have used an attorney in the area before. Ultimately, choosing the right St. Petersburg wrongful death attorney can give you peace of mind and help ensure that your case is handled efficiently and ethically.
How Expensive are Wrongful Death Lawyers in St. Petersburg?
The cost of securing the services of a St. Petersburg wrongful death lawyer will vary depending on the complexity of the case and other factors. Generally, St. Petersburg wrongful death attorneys will work on a contingency fee basis. This means that you will not be asked to pay any fees upfront, but rather that the lawyer will take a percentage of your settlement or court award if your case is successful.
It is important to note that the upfront expenses associated with a St. Petersburg wrongful death lawsuit, such as filing fees, medical record fees, and expert witness fees, will still be the responsibility of the plaintiff. A St. Petersburg wrongful death lawyer may offer reduced fees for those who are facing financial hardship, so it is important to discuss the cost upfront prior to signing any agreements.
Book a Free Consultation with One of Our St. Petersburg Wrongful Death Lawyers
The St. Petersburg wrongful death lawyers at the law offices of Herman & Wells are here to help you and your family in your time of need. We understand how devastating it can be to lose a loved one, and we strive to provide our clients with compassionate, knowledgeable representation in their wrongful death claims.
Our St. Petersburg wrongful death lawyers have extensive knowledge of Florida’s wrongful death laws and specialize in helping families get the compensation they need to move forward. If you are considering filing a wrongful death claim, we invite you to book a free consultation with one of our St. Petersburg wrongful death lawyers today. We will evaluate your case and offer advice on how best to proceed. Contact us at (727) 440-3045.
Case ResultsSee 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.
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.