Winters & Yonker Personal Injury Lawyers 600 Bypass Dr Suite 224-D Clearwater, FL 33764 personal injury and car accident lawyer in Clearwater

Clearwater Wrongful Death Lawyer Near Me

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Clearwater Wrongful Death Lawyer Near Me

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.

How Winters & Yonker Personal Injury Lawyers Can Help With a Wrongful Death Claim in Clearwater

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
  • Children
  • Parents 
  • 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:

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. 

To learn more about how we can protect your family during this difficult time, call us at (727) 493-4418 for a free consultation with an experienced Clearwater wrongful death lawyer today.

Our personal injury law firm in Clearwater, FL, also provides:

Anthony David
Anthony David
Winters & Yonker are an extremely knowledgeable car accident attorneys in Tampa. Marc represented me injured in a car crash when I was coming off I-4. He is clearly the best in the field! The entire team at his firm is AMAZING!!!They helped through my whole process always keeping me up to date. They referenced me to the best doctors to assist in my recovery. I always felt comfortable with every part of it specially now in the pandemic time. The stuff is very friendly and always available for you. I specifically like to thank PRE-LITIGATION department. They were passionate, dedicated and professional. Marc worked very hard on my case and did fantastic job!!! I am very pleased with the outcome of my case. The results are outstanding. I highly recommend Marc and his entire Firm. You guys are AWESOME! Thank You to everyone at this firm!
Karla Rogers
Karla Rogers
Best lawyer ever! I had an accident gave them a call and like three months later, case Settled and full payout... Excellent service!
Lenette Montalvo
Lenette Montalvo
Christopher from Winter and Yonker was amazing. Very nice person to talk to, listen to what I had to say, and even gave his opinion when needed. From start to finish I felt very important and I was impressed by this law firm every one i spoke to made me feel safe and comfortableto. My accident has done a lot of damage to me, and knowing I had an attorney from Winters and Yonker on my side made me feel great. My compensation for my accident is amazing and it will help me in my life. Thank you very much I will definitely recommend this law firm.
coleman vera
coleman vera
I went to Winter & Yonker Law Firm for my Tampa car accident case I was involved in. My case manager throughout the process and she took care of me from start to finish. The process was very seamless, I received the medical treatment that I needed immediately and at the very end, concluded with a very rewarding settlement. I've worked with a few law firms from prior accidents and none can compare to the service OR expertise I received from Mr. Yonker.👉 If you're seeking help for an injury related case, I would definitely recommend working with him and their amazing legal staff at Winter & Yonker Firm in Tampa. I will always use this firm for all my Personal Injury Claims! If you are l@@king for an Attorney to give you Top Notch legal help and the MOST money for your Pain & Suffering then take it from me I'm a paralegal and this firm continues to OUTSHINE them all!
Meredith Wilson
Meredith Wilson
This was my first personal injury experience. I wanted to choose a law office I could trust. A friend of mine recommended the law offices of Winters & Yonker, Personal Injury Lawyers in Tampa. Through the entire process Attorney Marc Yonkers was helpful and communication was stellar. I never felt out the loop. I felt confident throughout entire process. Which this month (Sept. 2023) they were able to settle my accident case successfully and to my 100% satisfaction. I cannot recommend Winters & Yonker and or Marc any higher. In short they are firm, fair, aggressive, responsive, super smart and know the numerous ins and outs of Personal Injury cases (which can be quite complicated). Upon hiring them you get a law firm that will leave you confident that your case will be handled expertly and with your interests front and center.
Geneva Ramirez
Geneva Ramirez
Winters and Yonkers has been a legend of the Tampa Bay personal injury Attorney community for a long time. I was in a car accident recently with my husband, we suffered back and neck pains after two days and thought to get someone’s help. I found Winters & Yonker Personal Injury Lawyers through a google search and called them right up. The same day Mr. Winters contacted both of us, listened, and was compassionate to our situation. He helped us through the entire process including getting me seen by a Doctor so we could heal our injuries correctly, and we got our medical bills reduced! Bill Winters, my case manager, and the entire staff were very knowledgeable and exceptional at their work. We would like to express my sincere gratitude to them and recommend them without any hesitation to anybody who needs help, don't try and fight the at fault's insurance on your own. If you're injured and need someone to protect your rights you won't find a better Attorney than Bill Winters at Winters & Yonkers!-Geneva, Tampa FL#personalinjurylawyer #caraccidentlawyer #tampainjuryattorney
Shelley Torres
Shelley Torres
Bum Boi
Bum Boi
My wife and I are work in Mediation and Arbitration but know nothing about personal injury cases. When a young delivery Truck driver who was distracted by his phone hit us at full speed and rear-ended us as we were stopped in traffic on Wesley chapel. We knew we needed to hire the best lawyers with PI experience and expertise in the Tampa legal community that we could.From our first phone call with Bill Winters and then all the way through Trial preparation then Trial, we never felt any bad about our case because we knew Bill and the entire staff at Winters and Yonker would take care of us.Their dedication, innovation, motivation, reliability, unparalleled intellect, and exceptional skill as trial lawyers make them extraordinary individuals. My experience working with them was nothing short of exceptional. Experiencing a car accident is an ordeal that encompasses fear, trauma, and frustration. It's a life-changing event in anyone's life. There was no amount of money that could ever make me alright, because I would give any amount of cash to not have to go through the nightmare that the car accident was and continues to be.It took almost 2 years from the time of the car crash to go to trial, but ultimately the jury verdict that Bill Winters got for my family was worth fighting for. There were so many times over the course of the three years that we actively realized how amazing it was that we felt no anxiety or concerns or worries about our case, because Bill is truly outstanding!If you or anyone you know gets hurt in a car accident, call Winters and Yonkers RIGHT AWAY! And then rest assured that you, your family, or friends are being cared for by the ABSOLUTE BEST legal team in Tampa Bay. Thank you, Winters & Yonker!
Glenda Litimco
Glenda Litimco
Winters & Yonker law firm did excellent work with my injury case. Luckily, I was referred to Winters & Yonker from a good friend after I was injured in a car accident. I did some initial research about injury lawyers near me, but the reviews for this office really stood out to me in Tampa. I decided to call and after a single phone conversation, the choice was easy to make! Not only was everyone extremely professional, they made the entire process smooth and clear. I was at ease with each step of the way because they were always there to answer my questions and keep me informed of what was happening. All expectations were met and my settlement was exceeded. I got much more than I thought was even possible from the insurance company. I highly recommend the Winters & Yonker Personal Injury Lawyers, and their team in Tampa to anyone in need of help after a car, truck, or motorcycle accident. You'll be in good hands!
Dandrea Ikner
Dandrea Ikner
This is the best lawyer in town
Nicky Warner
Nicky Warner
Max was amazing! He kept me updated throughout the whole process and was extremely easy to talk with. He also explained everything so I can completely understand it. It was an amazing experience. Thank you, Max!
Erika Smith
Erika Smith
I had a great experience with them! They truly care about you!! Thank you so much🤗
Jonathan Clem
Jonathan Clem
I was injured in a car crash here in town. Since it was essentially a "he said she said" accident case the opposing insurance claimed it was a 50/50 fault. Even though it clearly could not have been my fault. However, Bill worked diligently to get me everything I was needed to get my life back. He worked to get me access to all the doctors I needed and medical treamtment for my neck and back. Plus, a large settlement amount. Bill even took the time to calm me down when I saw the initial amount and cost for seeing my medical bills piling up! He even managed to get them to reduce their bills significantly! Plus, I received as much as possible. Winters & Yonker Personal Injury Lawyers in Tampa provided a great legal service. They were strait forward and honest about the approach, and communicated every aspect of the process. The firm took care of everything. I would 100% without a doubt recommend him if I knew someone that need a personal injury attorney. Given the circumstances of our introduction I hope I never have to, BUT Bill Winters will definitely be my first call if I'm ever injured again!
marie silvers
marie silvers
They are the Best! They care about you as a person!
jorden reagan
jorden reagan
Everyone on their staff is amazing! Chris and Sara won my case and helped me out with an accident that occurred a few months back. They made the entire process so easy! They called with case updates but not too often where it was constant phone calls. It was just enough to know what was going on the whole time without being bombarded. Thankful for Tayler on their staff who helped inform me on why Winters and Yonker was the best choice to go with!
Kimberly Rushton
Kimberly Rushton
Yes, I would highly recommend winners in Yonkers. I worked with Trevor and Trevor was the best. I recommend anyone that ever needs a lawyer to go to them. They are the best.
Pat Pawelkop
Pat Pawelkop
Highly recommend. Bill Winters and his staff took time to answer my questions, and handled my case in a timely and professional manner. I almost didn't contact a lawyer over my "small" injury case because I feared it would be so difficult and stressful. But he got me the settlement that my insurance company owed me, and I would never have been able to do that on my own. And with less stress that I anticipated. I'm glad I called them.
Amysway Barton
Amysway Barton
Always available
Certified Soul
Certified Soul
Winters and Yonker is who you want to go to when you get in a car accident because they will take care of you and won’t let you get low balled on your settlement. I got in a car accident where my back and shoulder was injured and I was referred to a attorney named Trevor. I appreciate Trevor for handling my case and keeping me informed with all the information I needed.
Sean S
Sean S
One of the best law firms in Tampa. My family was involved in a serious car accident. We went to that other personal injury firm with the two M's they were trying to make us settle the case quickly and they we're not listening to us with the arrogant attitude that they were the experts and we were just ignorant. We promptly fired them and then hired Winters & yonker. Our settlement was 5 times higher than what the MM wanted to settle for.I would like to thank Winters and Yonkers entire staff for a wonderful experience. They were all very knowledgeable and walked us through the whole process. We really felt like they cared, unlike the other firm.
Linda Robinson
Linda Robinson
I’m giving Winters & Yonker a shout out. My mother fell in Winn Dixie afew months ago. Her first choice wasMorgan & Morgan; however, after theinterview with them they decided not to take the case. My perception was that it was not a big enough case for them. I knew that she deserved to be compensated for her injuries, and I had mad faith in Winters & Yonker from using them in the past. They not only took the case but settled it in record time. Thanks Winters and Yonker, and I like to send a special thank you to Christopher Smith, who was never to busy when I needed answers. I would recommend your law firm to anyone. I found you to be ethical, professional, and respectful to my family, but most of all you will fight for the little guy. Much love and respect. God bless you all and your families👏👏👏👏
Reuben Rodriques
Reuben Rodriques
Other said it couldn't be done called your law firm and immediately you got on it impressive shocking furthermore you showed integrity did what you had to do though you didn't have to do it and I was shockingly pleased thank you you surprised me had I to choose any other law firm I would not hesitate to call you or share my experience with my friends thank you once again from me and my family amen
Hameed Owens
Hameed Owens
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