Did you recently lose a loved one in a deadly accident in Clearwater, FL? Winters & Yonker Personal Injury Lawyers has the skills to help you fight for the compensation you deserve. Call (727) 493-4418 today to learn how our Clearwater wrongful death lawyers can help your family recover compensation in a free consultation.
Between us, our lawyers have over 119 years of experience advocating on behalf of families like yours. Our Clearwater personal injury attorneys have used their dedication and skills to recover tens of millions of dollars for clients.
You’ve suffered an unimaginable loss. If someone else was responsible, we’re here to fight for justice. Contact our law firm in Clearwater, Florida, to discuss your legal options today.
How Can Winters & Yonker Personal Injury Lawyers Help With a Wrongful Death Claim in Clearwater?
Selecting the right lawyer can be a challenging task. You’re already overwhelmed. The decision you make could likely have a significant impact on your future. Your lawyer’s experience and resources can make a huge difference.
Time and again, our Clearwater personal injury lawyers have upheld our reputation for delivering top-quality legal representation.
Over the years, Winters & Yonker Personal Injury Lawyers has been recognized by:
- The Aggressive Attorneys
- The Better Business Bureau, with an A+ rating
- Expertise.com
Insurance companies also know our name. When they see that you’ve hired our Clearwater wrongful death attorneys, they’re much more likely to stop the games because they know they’re in for serious negotiations.
If you’ve lost a loved one, it’s never too early to get a lawyer involved. Your lawyer can start building your case from day one by identifying all parties who can be held legally responsible for your loss. To get started, contact us today for a free consultation.
What Is Wrongful Death in Florida?
If you’re injured in an accident, you have the right to seek compensation from those responsible. In fatal injury cases, the victim doesn’t get that chance. Under Florida wrongful death laws, the right to pursue compensation transfers to the victim’s survivors.
In Florida, a wrongful death is any death:
- Caused by someone else’s “wrongful act, negligence, default, or breach of contract or warranty”, if
- The victim would have been entitled to seek compensation had they lived.
Wrongful death claims are civil matters. They’re designed to compensate a victim’s survivors for their losses. Any criminal charges are handled separately.
Many wrongful death actions don’t involve criminal actions at all. They’re often based on accidental deaths.
How Does a Wrongful Death Lawsuit Work in Florida?
Wrongful death claims are filed by the victim’s personal representative on behalf of the victim’s survivors.
Survivors are defined by law to include the victim’s:
- Surviving spouse
- Children
- Parents
- Blood relatives and adopted brothers and sisters, if they depended on the victim for financial support
Most often, our Florida wrongful death attorneys will start by identifying available insurance coverage. We’ll then engage in settlement negotiations with the insurance company. Trial typically only becomes necessary if the insurance offer is unacceptable.
What Is My Clearwater Wrongful Death Case Worth?
The value of a wrongful death depends on a number of variables, including:
- Your loved one’s age and life expectancy at the time they were injured
- Your loved one’s earning capacity had they lived
- Your family’s costs associated with the fatal injury and death
- How your loved one contributed to the family and household
- The identity of surviving dependents and whether the victim had young children
- The circumstances and nature of the at-fault party’s acts
- The pain, trauma, fear, and suffering your loved one experienced before death
- Your family’s grief and suffering
- Whether your loved one is being blamed for their accident
Without an experienced attorney in your corner, it can be really difficult to assess the value of your losses. Many of your damages will reflect non-financial loss. These damages don’t have a set financial value. That fact makes it easy for the insurance company to offer a lowball amount.
When it comes time to negotiate a settlement, our attorneys in Clearwater will make it clear that lowball offers will be flatly rejected. We’re that confident in our ability to succeed at trial. Because insurance companies know that we’ve a track record of success in the courtroom, they’ll be highly motivated to reach a fair settlement.
What Types of Damages Are Available in a Successful Clearwater Wrongful Death Case?
Florida laws permit survivors to pursue compensation for both economic and non-economic damages. Damages are slightly different in wrongful death cases.
Pursuant to Florida law, your family may be entitled to compensation for:
- Loss of financial support provided by the victim
- Loss of the value of household services provided by the victim before death
- Any medical expenses incurred between the date of injury and the date of death
- Lost parental companionship, instruction, and guidance if the victim left behind children under the age of 25
- Mental pain and suffering
- Loss of consortium for a surviving spouse
- Loss of net accumulations, or prospective inheritance
- The victim’s lost earnings between the date of injury and the date of death
- Funeral expenses
- Burial costs
Punitive damages in Florida may also be an option. Punitive damages are reserved for rare cases involving intentional wrongdoing or especially shocking and reckless behavior.
How Much Does It Cost to Hire a Wrongful Death Lawyer in Florida?
Our firm accepts cases on a contingency fee basis. Money can be extremely tight after an accident. That’s especially true if you’re dealing with the sudden loss of the victim’s financial support. You can hire us without paying anything. Instead, you agree to pay us a percentage of your settlement or jury verdict.
Can Florida’s Shared Fault Laws Impact My Family’s Right to Recover Compensation for Wrongful Death?
Yes. Florida’s modified comparative negligence law can play an important role in your case.
In Florida, your family typically cannot recover compensation for your loved one’s death if they were more than 50% responsible for their fatal injuries.
Your damages will usually be reduced proportionately if your loved one shared some blame, but not more than 50%. So, if it’s determined that your loved one was 30% liable, your family’s damages will likely be reduced by 30%.
What Are the Most Common Causes of Wrongful Death in Clearwater?
Under the right circumstances, just about any type of traumatic event or accident can be fatal.
Some examples of the types of wrongful death cases we handle at Winters & Yonker Personal Injury Lawyers include:
- Car accidents
- Dangerous property conditions
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Accidents involving recreational vehicles
- Construction accidents
- Workplace accidents
- Falls from heights
- Toxic exposure
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
- Intentional torts, including manslaughter and vehicular manslaughter
Regardless of the circumstances, you can trust that our attorneys have the skills to fight for the compensation you deserve. Simply give us a call to arrange a free case review so that you can learn about your legal options.
How Long Do I Have to File a Wrongful Death Lawsuit After a Deadly Accident in Florida?
Surviving families in Florida typically have two years to file a lawsuit. This deadline is called the statute of limitations. The relevant two-year period usually starts to run on the date your loved one died.
After two years pass, your family will have likely forfeited the right to recover any compensation at all.
What Do I Have to Prove to Recover Compensation for Wrongful Death of a Loved One in Florida?
Victims generally always have the burden of proof. What, exactly, you’ll have to prove will depend on how your loved one died.
Most often, negligence is the legal basis for wrongful death cases.
To prove negligence in a wrongful death claim, you’ll need to show that:
- The defendant owed your loved one a legal duty of care
- Via some failure to exercise reasonable caution, they breached that duty
- The breach caused your loved one’s death
- Your family suffered identifiable damages as a result
Different types of proof can be relevant, such as:
- Accident reports and police reports
- Testimony from doctors, economists, and other experts
- Video footage or photographs of an accident scene
- Testimony from eyewitnesses to an accident
- Receipts, invoices, tax records, and other documentation to establish your losses
- Traffic citations
- Drug or alcohol test results
The nature of the evidence that will be relevant in your case will depend on the circumstances. Our lawyers have a dedicated team to compile the strongest possible evidence.
Contact Our Clearwater Wrongful Death Lawyers for a Free Case Review Today
In the wake of a tragic loss, it can be tough to know where to turn for help. Our team at Winters & Yonker Personal Injury Lawyers is more than ready to handle the legal issues. If you have questions, we have answers. Call to schedule a free consultation with a top-rated Clearwater wrongful death lawyer who can guide your family through this difficult time.
