Did you lose a family member in an unexpected accident? Surviving families in Florida are often entitled to compensation for their losses. An experienced Clearwater wrongful death lawyer at Winters & Yonker Personal Injury Lawyers can help you fight to recover money for your loved one’s damages. Call us at (727) 493-4418 to get started.
Our lawyers have been working hard to protect accident victims since we opened our doors in 2001. Between us, our lawyers have over 119 years of experience handling complex personal injury claims such as car accidents, Clearwater nursing home abuse, boating accidents, catastrophic injuries in Clearwater, assault injuries, and many more.
Let us recover damages for medical bills, loss of financial support, and the loss of your loved one’s company and guidance. We will take the lead and fight for the money you need and deserve during this difficult time. Contact our law offices in Clearwater, Florida to schedule a free consultation.
Losing someone you love is one of the most painful experiences you’ll have to endure. Ideally, people would exercise caution to protect others from these losses. In reality, that’s not always the case.
Surviving family members do have rights if their loved ones are killed because of someone else’s negligence. You have the right to seek compensation from the at-fault party. While money can’t erase your pain, it can protect your family’s future.
Unfortunately, people don’t always own up to their mistakes. Insurance companies work to make recovering fair compensation as difficult as possible. An experienced Clearwater personal injury lawyer at Winters & Yonker Personal Injury Lawyers can help your family fight for the compensation you deserve.
We can strengthen your case by:
- Conducting a detailed investigation into your loved one’s death
- Identifying all parties who are legally liable for your damages
- Calculating the fair value of your wrongful death case
- Stopping the insurance companies from taking advantage of you
- Negotiating with the insurance companies on your behalf
The sooner we get started, the more likely it is that we’ll find evidence to back up your claim. When you’re ready, call our law offices to schedule a free case review with an experienced Clearwater personal injury attorney.
How Common Are Fatal Accidents in Clearwater?
Fatal accidents occur on a daily basis. In 2021 alone, 3,760 people were killed in motor vehicle accidents across the state of Florida. That’s about ten traffic fatalities per day. Around 153 people lost their lives in Pinellas County that year.
Thousands of Florida residents die from injuries sustained because of unintentional falls. According to Bureau of Labor Statistics data, another 270 people were killed in work-related accidents in Florida in 2020.
What Is My Clearwater Wrongful Death Case Worth?
Our lawyers won’t be able to give you an accurate estimate of your case value until after we’ve investigated the circumstances of your loved one’s death. Regardless, it’s never easy to translate the loss of a life into a dollar amount.
The value of a wrongful death claim depends on many unique factors, including:
- The victim’s age and life expectancy
- The victim’s lost wages and potential future earning capacity, considering education and work history
- The ages of the victim’s surviving loved ones and dependent children
- The nature of the accident and injuries
- The victim’s pain and suffering prior to death
- Your family’s emotional pain and suffering
- The identity of the responsible party and available insurance coverage
Establishing your case value can be extremely complex. We know it can be tempting to accept a fast settlement and attempt to put the ordeal in the past.
Still, it’s always a smart idea to speak with an experienced lawyer before taking an insurance settlement offer. That way, you can move forward and feel confident that you recovered the maximum compensation you deserve.
What Types of Damages Are Available in a Clearwater Wrongful Death Lawsuit?
Under Florida wrongful death laws, surviving family members are entitled to recover several different types of damages.
Depending on the circumstances, you may be entitled to compensation for:
- Your loved one’s medical bills that were incurred from the date of injury to the date of death
- Lost financial support and household services incurred from the date of the accident to the date of death, plus interest
- Loss of future financial support
- The value of lost future household services, including childcare
- Loss of parental guidance, instruction, and support if survived by children
- Your family’s emotional pain and suffering
- Loss of inheritance (based on prospective net accumulations)
- Funeral expenses and burial cost
- Loss of consortium or loss of a spouse’s company and support
Technically, the personal representative that is named in the decedent’s will files the wrongful death action. However, Florida law specifies that certain beneficiaries are entitled to recover compensation based on the settlement or verdict eventually reached.
Those surviving family members include:
- A surviving spouse
- Blood relatives and adoptive siblings who relied wholly or partly on the deceased person for support
If the decedent did not leave any of these named survivors, the personal representative can distribute the settlement or verdict according to the terms of the deceased person’s will or state intestate laws if there was no will.
Can I Recover Damages If My Loved One is Being Blamed For a Fatal Accident in Florida?
Insurance agents are trained to find ways to pay less than accident victims deserve. Unfortunately, one common tactic is attempting to blame the deceased person for causing their own death.
Florida’s modified comparative fault laws won’t prevent you from recovering damages if your loved one shared some of the blame. Under Florida law, each party is assigned a percentage of fault in cases involving shared fault. Then, the victim’s overall compensation is reduced by their percentage of fault. However, if the victim is 51% or more responsible for the accident, they cannot recover compensation.
Cases involving share fault are rarely easy to resolve. Your loved one isn’t around to tell us what happened. That gives the insurance company an advantage. You deserve an experienced Clearwater wrongful death attorney in your corner to help you fight back.
What Causes Most Fatal Accidents in Clearwater, Florida?
At Winters & Yonker Personal Injury Lawyers, we represent surviving families in all types of wrongful death cases.
We can provide the legal guidance and advice you deserve in cases involving:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents
- Bus or train accidents
- Uber or Lyft accidents
- Slip and fall accidents
- Boating accidents
- Accidents involving recreational vehicles
- Sports accidents
- Construction accidents
- Workplace accidents
- Dog bites
- Defective products
- Premises liability and negligent security
- Medical malpractice
- Nursing home abuse or neglect
- Assault and sexual assault
If you’ve lost a loved one because of someone else’s actions, our lawyers in Clearwater are here to help. Call us any time to schedule a free case review and learn more about how we can help your family fight for fair compensation.
How Do I Prove Negligence After a Fatal Accident in Florida?
You may have a valid wrongful death claim if your loved one was killed because of someone else’s negligent, reckless, or wrongful conduct. If your loved one would have had a valid personal injury lawsuit, it’s likely that your family can sue for damages after their death.
While you may suspect that someone else’s conduct caused your loved one’s death, you still have to prove it. In most cases, that means proving negligence.
There are four elements to a successful negligence lawsuit:
- The responsible party owed your loved one a legal duty of care
- They breached the duty of care
- The breach caused your loved one’s injuries and death
- Your family suffered damages as a result
As a survivor, you may not know exactly what caused your loved one’s death. Our lawyers have the tools to conduct a thorough investigation.
We’ll gather strong evidence to support your claim, including witness statements, video footage, medical records, police reports, and more. We may even consult accident reconstruction specialists, depending on the facts.
How Long Do I Have to File a Lawsuit After a Fatal Accident in Florida?
The statute of limitations limits the amount of time you have to take legal action after your loved one’s death. Under Florida statutes, you have only two years to file a wrongful death lawsuit. The two-year limitations period starts to run on the date of your loved one’s death. If you wait longer than two years, you lose your right to seek any compensation at all.
We know that you’re grieving a difficult loss. Our lawyers are ready to step in and protect your legal rights. Just call our law firm in Clearwater and schedule a free case evaluation to get started.
Contact a Clearwater Wrongful Death Lawyer For a Free Consultation
The death of a loved one is difficult enough. When that loss happened because of a preventable accident, it’s natural to feel overwhelmed and angry. Our lawyers at Winters & Yonker Personal Injury Lawyers are dedicated to helping our clients recover the full and fair compensation they deserve.
Our personal injury law firm in Clearwater, FL, also provides:
- Bicycle Accident Lawyers in Clearwater
- Brain Injury Attorneys in Clearwater, FL
- Catastrophic Injury Lawyer in Clearwater
- Car Accident Lawyer in Clearwater, FL
- Construction Accident Lawyer in Clearwater, FL
- Dog Bites Attorneys in Clearwater, FL
- Motorcycle Accident Lawyer in Clearwater
- Pedestrian Accident Lawyers in Clearwater
- Truck Accident Lawyer in Clearwater, FL
- Uber Accident Lawyers in Clearwater
- Workplace Accident Attorney in Clearwater, FL