Did you lose a loved one due to someone else’s actions in New Port Richey, Florida? If so, you may be entitled to compensation for your loss of financial support, funeral expenses, and more. However, wrongful death cases can be complex. That’s why you need an experienced legal advocate on your side.
The New Port Richey wrongful death lawyers at Winters & Yonker, P.A. are here to assist you during this difficult time. We have over 119 years of combined experience helping families get financial justice after devastating accidents. We’ve acquired millions of dollars for our clients since opening our doors in 2001, and we’re prepared to fight for you.
Call (727) 910-5060 or contact our law firm online to schedule a free consultation with a member of our legal team. We’re here to offer compassionate, honest legal advice and get you the compensation you deserve if a loved one was killed due to the actions of another person in New Port Richey, FL.
Table of Contents
How Winters & Yonker, P.A. Can Help With Your Wrongful Death Claim in New Port Richey, FL
Wrongful death cases can be emotional and challenging. The decedent isn’t here to tell their version of events, and the opposing party and their insurance company will be unwilling to offer a fair settlement.
During such an emotionally-charged time, it’s crucial to have a trusted legal representative in your corner advising you of your rights. Our New Port Richey wrongful death attorneys are here to help.
If you hire Winters & Yonker, P.A. for assistance with your wrongful death claim, we’ll:
- Investigate the cause of your loved one’s death and monitor any ongoing criminal proceedings (if applicable)
- Gather evidence and build a strong case for damages
- Consult leading experts in Florida to bolster your claim and prove each element
- Communicate, negotiate, and file a claim on your behalf so that your family can grieve
- File a wrongful death lawsuit and litigate your case in court if we fail to reach a fair out-of-court settlement
Contact our aggressive wrongful death lawyers in New Port Richey, FL to schedule a free case evaluation.
What Is Wrongful Death in Florida?
Under Florida law, if a party causes another person’s death through negligence, wrongful acts, breach of contract, or default, the decedent’s beneficiaries may be entitled to damages in a wrongful death case. The decedent must have been able to file a personal injury action against the at-fault party had they survived.
A wrongful death claim is separate from any criminal matter opened due to the victim’s death. The State of Florida may file a criminal case to hold the defendant criminally responsible. By contrast, a wrongful death case is a civil matter filed on behalf of surviving family members that financially compensates them for the loss of their loved one.
Who Can File a Wrongful Death Action in New Port Richey?
The decedent’s personal representative files the wrongful death lawsuit on behalf of surviving family members, including:
- Other dependent lineal descendants (blood relatives)
Contact our wrongful death attorneys in New Port Richey, FL to see if you may be eligible to file a wrongful death claim after the loss of your family member.
How Common Are Fatal Accidents in Florida?
Fatal incidents are unfortunately common across the Sunshine State. For example, the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that as of October 1, 2022, there have been 2,346 fatal crashes statewide that caused 2,521 fatalities.
Out of those crashes:
- 149 were bicycle fatalities
- 438 were motorcycle fatalities
- 540 were pedestrian fatalities
- 187 were fatalities from hit-and-run collisions
Hundreds more Floridians die in annual fatal workplace accidents. The US Bureau of Labor Statistics reported 275 fatal work injuries in 2020 – nearly 6% of the nation’s workplace fatalities that year.
What Causes Most Fatal Accidents in New Port Richey?
A fatal accident can result in many ways, including:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Assault and other intentional acts of violence
- Defective products
- Workplace accidents
- Boating accidents
- Medical malpractice
- Slip and fall accidents
- Construction accidents
- Bus accidents
- Drowning accidents and swimming pool accidents
- Dog bites
- And more
No matter how the accident occurred – whether through negligence or intentional actions – our personal injury lawyers will help you recover compensation for the loss of your family member’s support.
How Do I Prove Negligence After a Fatal Accident in Florida?
Negligence is the cause of most personal injuries and wrongful deaths. It essentially means that someone’s careless actions harmed another person.
Negligence consists of four distinct legal elements in a wrongful death case:
- The defendant owed your loved one a duty of care;
- The defendant breached their duty of care;
- The breach of duty directly caused your loved one’s death; and
- Your family sustained damages as a result.
Our personal injury attorneys will help gather evidence proving the at-fault party’s negligence, including:
- ER or medical records and expenses
- Eyewitness statements regarding the accident or incident that led to your loved one’s death
- Photo or video evidence
- Expert witness testimony
- Funeral and burial costs
- Employment records showing lost earnings
- Statements from you and your family regarding your loss of companionship, instruction, guidance, etc.
Depending on the circumstances, other evidence may be available. We’ll help you identify it to prove every element of your wrongful death claim.
What Types of Damages Are Available in a New Port Richey Wrongful Death Action?
You can recover economic and non-economic damages if you lose a loved one in New Port Richey, FL.
Economic damages cover the financial costs of your loss, such as:
- The value of lost financial support, including future income
- Medical bills
- Funeral and burial expenses
- Loss of earnings from the date of injury to the date of death
Non-economic damages are the harder-to-value losses you experience due to your loved one’s death, including:
- Loss of your family member’s services, such as contributions to the household
- Loss of companionship and support
- Pain and suffering your loved one endured prior to death
- Lost parental guidance and instruction
You might be entitled to punitive damages if your loved one was killed by the defendant’s intentional or reckless conduct. These damages are awarded to punish people for bad behavior and deter others from engaging in similar conduct. We’ll help you value the full extent of your losses so that we include them in your wrongful death claim.
Can I Recover Compensation If My Loved One Is Being Blamed For Their Fatal Accident in New Port Richey, FL?
Florida is a pure comparative negligence state, meaning you can still recover damages even if your family member was partially at fault for their fatal accident. However, your damages will be reduced by your loved one’s percentage of fault.
For example, if a court assigns 30% of the blame to the decedent, your awarded compensation will be reduced by 30% – meaning you can only take home 70%.
This is a complicated issue to deal with in wrongful death cases because the victim isn’t here to protect themselves or provide their side of the story. And unfortunately, insurance companies and at-fault parties will use this to their advantage to limit their financial liability.
If your loved one is being blamed by the opposing party, contact us for immediate assistance. We’re here to fight back against unfair allegations of blame to ensure you recover the maximum amount possible in your wrongful death case.
What Is the Statute of Limitations For Filing a Wrongful Death Lawsuit in Florida?
Floridians have less time to file wrongful death lawsuits than personal injury lawsuits (which must typically be filed within four years from the accident date). You only have two years from your loved one’s date of death – which may be different from their accident date – to file a wrongful death lawsuit.
If you miss the statute of limitations, you forfeit the right to hold the responsible party financially accountable for your loved one’s death. Contact us as soon as possible for assistance and to preserve your legal options for compensation.
Contact Our New Port Richey Wrongful Death Lawyers for a Free Consultation
Was your family member killed by another person’s actions in New Port Richey, FL? You could be able to hold them responsible for your financial and emotional losses by filing a wrongful death claim. However, no matter how clear liability is in your case, getting the compensation you deserve won’t be easy.
The aggressive New Port Richey wrongful death lawyers at Winters & Yonker, P.A. are here to provide the legal representation you need. With over 119 years of combined legal experience, we know how to fight and win for our clients.
Contact us today to schedule a free initial consultation. We’re available 24/7 to listen to your story and provide honest legal advice and guidance.
Our personal injury law firm in New Port Richey, FL, also provides:
- Bicycle Accident Lawyers in New Port Richey, FL
- Brain Injury Attorneys in New Port Richey, FL
- Car Accident Attorney in New Port Richey, FL
- Construction Accident Lawyers in New Port Richey, FL
- Motorcycle Accident Lawyer in New Port Richey, FL
- Truck Accident Attorneys in New Port Richey, FL