Winters & Yonker Personal Injury Lawyers located in Tampa, FL

St. Petersburg Wrongful Death Lawyer

Get a free consultation now
St. Petersburg Wrongful Death Lawyer

Are you struggling with the sudden and unexpected loss of a family member after a fatal accident in St. Petersburg, Florida? The St. Petersburg wrongful death lawyers at Winters & Yonker Personal Injury Lawyers can help you work to maximize your financial award. Call us to arrange a free consultation today at (727) 314-5988.

Did you know that you could be entitled to compensation from those responsible for your grief and suffering? We’ve been fighting for grieving families in St. Petersburg and across the Sunshine State for more than two decades.

Our award-winning Florida trial attorneys boast more than 119 years of combined experience and have won millions on behalf of deserving clients like you in their St. Petersburg car crash cases, motorcycle accidents, truck accidents, sexual assault cases, and medical malpractice cases in St. Petersburg, among others.

Put yourself in the position to get the financial victory (and justice) you need and deserve. Contact our St. Petersburg, FL law office today.

How Winters & Yonker Personal Injury Lawyers Can Help After a Fatal Accident in St. Petersburg, FL

How Winters & Yonker Personal Injury Lawyers Can Help After a Fatal Accident in St. Petersburg, FL

Losing a family member is never easy. Losing them unexpectedly can make a difficult situation even worse. If their death could have been avoided and happened because someone else was negligent, you deserve to be compensated.

However, now’s the time to focus on your grief and path forward – not a fight for compensation. That’s where a St. Petersburg personal injury lawyer can help.

We’re ready to step in and take on your wrongful death lawsuit so that you can spend this time remembering your family member, coming to terms with your loss, and figuring out how to move ahead.

Our top-rated litigators will take care of every aspect of your case; we’ll:

  • Investigate the accident or intentional act that resulted in your loved one’s death
  • Gather evidence that can be used to establish liability and win maximum compensation from those responsible
  • Defend against allegations that your family member was at fault or shares blame for the accident
  • Consult experts and specialists to ensure that we fully appreciate what your wrongful death case is worth
  • Prepare and file necessary claims and documents on your behalf
  • Handle settlement negotiations and represent you at hearings, if necessary
  • Help you make important decisions regarding your case, including whether it might be best to accept a settlement or reject it and push forward for a potentially better result at trial

We’re tough and aggressive negotiators, and we’ll do everything in our power to get you a swift and favorable settlement offer. However, we are always prepared to bring cases to trial when settlement offers just don’t cut it.

Give our legal team in St. Petersburg a call to discuss your case. Your first consultation is free, and we work on contingency, so there’s no financial risk to get us in your corner. You only pay when we win your wrongful death case. 

What Is Wrongful Death in Florida?

Under Florida Statute Section 768.19, wrongful death is defined as a death caused by a “wrongful act, negligence, default, or breach of contract or warranty.” 

In other words, a wrongful death is an avoidable death caused by another person’s negligence, intentionally harmful conduct, or criminal act.

Any type of trauma or accident can potentially result in wrongful death, including:

If the victim had survived their fatal injuries, they would have had the right to file a claim or lawsuit and seek damages from responsible parties. Since they can’t do this, the right shifts to someone else.

Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, wrongful death lawsuits can only be initiated by the personal representative of the decedent’s estate.

This person is either named in the decedent’s will or appointed by the court. Typically, it’s a family member or close friend.

The personal representative files the claim on behalf of the victim’s beneficiaries, including surviving:

  • Spouse
  • Children
  • Parents
  • Anyone financially dependent on the victim

Note that the personal representative can also file a survival action on behalf of the estate, where the proceeds are distributed to beneficiaries according to the will and/or Florida estate law.

What Compensation Can Be Awarded To Plaintiffs in a Florida Wrongful Death Action?

When discussing damages, it’s important to distinguish between wrongful death lawsuits and survival actions.

Wrongful death lawsuits are filed on behalf of surviving beneficiaries and can seek damages for:

  • Funeral and burial costs
  • Medical expenses incurred prior to the victim’s death
  • Loss of spousal companionship and protection
  • Loss of parental companionship, guidance, and instruction
  • Mental pain and suffering related to the loss of a parent, child, or spouse
  • Loss of earnings and financial support
  • Loss of household services and contributions

These damages are paid to compensate the family members for what they’re experiencing after a fatal accident.

Survival actions, on the other hand, are filed on behalf of the victim’s estate. These types of claims are only permitted if the victim survived their injuries for a period of time after their accident. 

Damages permitted in a survival action, where damages are distributed to the victim’s estate, include:

  • Pain and suffering experienced by the victim prior to death
  • Lost profits and income that would have benefited the estate
  • Medical bills 

In limited cases, punitive damages might also be applicable. However, a Pinellas County jury would have to find that there’s clear and convincing evidence that the death was the result of the defendant’s intentional misconduct or gross negligence. While there aren’t caps on compensatory damages in Florida wrongful death cases, there is a limit on punitive awards.

How Does Shared Fault Affect Damages in a Florida Wrongful Death Case?

Assume someone tries to say that your family member caused or contributed to the accident that took their life. What does that mean for your wrongful death case? Unfortunately, left unchallenged, these types of allegations can limit or prevent you from getting compensation for your loss.

Florida has a modified comparative fault rule, which provides that damages are reduced based on fault. Your right to compensation is eliminated once it reaches 51% of fault.

If your family member is assigned blame for their fatal accident in St. Petersburg, it will affect related wrongful death lawsuits. The damages in the lawsuit would be reduced in direct proportion to their role in the accident. If they’re 10 percent responsible, damages in the wrongful death claim would be reduced by 10 percent.

Your family member can’t defend themselves or tell their side of the story. However, our St. Petersburg wrongful death attorneys will be there to fight back against these allegations, preserve your loved one’s reputation, and work to limit the impact these victim-blaming tactics might have. 

What’s the Deadline To File a Florida Wrongful Death Lawsuit?

Florida has established a two-year statute of limitations for most wrongful death lawsuits. 

This gives the personal representative of the victim’s estate half the amount of time that victims in other types of personal injury cases have to pursue compensation.

The statute of limitations does, however, only begin to run once your loved one has died. If your family member is in an accident in September but doesn’t die until December, the clock doesn’t start to tick until December.

You don’t want to let the statute of limitations expire before you assert your legal rights. Once time runs out, your family and the estate will lose the opportunity to recover much-needed and well-deserved compensation.

You can preserve your legal rights and increase the odds of a meaningful financial recovery by reaching out to our experienced St. Petersburg wrongful death attorneys right after your devastating loss. We can begin to put a plan into action as soon as you ask for our help.

Schedule a Free Consultation With Our Experienced St. Petersburg Wrongful Death Lawyers

Did you recently lose a close family member in a fatal accident in St. Petersburg, Florida? Are you unsure what steps you should take or what legal options you might have? Don’t try to figure things out on your own. Call Winters & Yonker Personal Injury Lawyers and let our St. Petersburg wrongful death lawyers guide you through this trying time. 

Since 2001, we’ve been helping families pick up the pieces and demand financial justice after tragic, life-changing accidents. We fully appreciate that money will never turn back time or bring your family member back to you. However, it can help to offset the incredible financial burden that your loss might bring. 

Contact our St. Petersburg, FL law office to discuss the specific details of your wrongful death case today. We are always here to provide the help you need – morning, noon, and night. Give us a call to arrange a time to speak with a member of our team today. Your initial case evaluation is always 100 percent free.

Our personal injury law firm in St. Petersburg, FL also provides:

Karla Rogers
Karla Rogers
1695770121
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
1695641293
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
1694712772
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
1694489029
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
1694089126
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
1694088835
Bum Boi
Bum Boi
1693705250
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
1693536170
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
1693513818
This is the best lawyer in town
Nicky Warner
Nicky Warner
1692997375
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
1692795764
I had a great experience with them! They truly care about you!! Thank you so much🤗
Jonathan Clem
Jonathan Clem
1692661489
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
1692107771
They are the Best! They care about you as a person!
jorden reagan
jorden reagan
1692106640
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
1691849813
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
1691761083
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
1691599586
Always available
Certified Soul
Certified Soul
1691535470
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
1687270653
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
1686789803
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
1686354543
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
1684355539
PATRICK IS THE GOAT 🐐 I WAS INJURED ON A PROPERTY THAT CLAIM THEY DIDN'T COVER MY INJURY PATRICK SAID BE PATIENT & LET HIM WORK!:& HE DEFINITELY DID JUST THAT!!!: HE CHANGED MY LIFE 🐐💯
Enrique
Enrique
1684002987
Myrtle Graham
Myrtle Graham
1683896002
I was searching for a local car accident lawyer near me after I was rear-ended by someone earlier this month. I was being pushed around by the at-fault driver's insurance company and needed some legal help.I found Winters & Yonker Personal Injury Lawyers through Google Maps and decided to get a free consult. I called the Tampa office of this firm and talked to them about my options. I briefly told them of my situation and was connected to Bill shortly after. He was extremely informative and was very professional. By the end of the same day he had me meet with a private investigator and referred me to a chiropractor nearby. Great customer service, and I look forward to how well my settlement will turn out. I know I am in good hands!
×
js_loader
Call Now Button