St. Petersburg Wrongful Death Lawyers

When a loved one dies from injuries suffered because of someone else’s negligent or wrongful conduct, coming to terms with the death can be extremely difficult. During such times, assistance from St. Petersburg Wrongful Death Lawyers can provide necessary guidance. Losing a loved one often brings overwhelming grief and confusion—especially when you’re left questioning why the death happened. Also, considering how you are going to go on without them.

While you can never turn back time and prevent the events that led to your loved one’s death, you can possibly come to some form of acceptance and sense of justice by holding the responsible party accountable for their negligent or wrongful conduct. An experienced St. Petersburg wrongful death lawyer can help you decide on your best course of action.

The skilled attorneys at Dennis Hernandez Injury Attorneys have helped many surviving family members throughout Florida obtain justice. They are committed to helping you hold those responsible for your loved one’s death accountable for their actions.

Wrongful Death According to Florida State Law

Was It Wrongful Death?

Florida law treats most fatal accidents caused by someone’s negligence or wrongful actions as wrongful deaths. Section 768.19 of the Florida Wrongful Death Act defines wrongful death as a fatality caused by another person’s wrongful act, negligence, default, or breach of contract or warranty.

For example, a doctor’s error that ultimately leads to a patient’s death, a fatal car accident caused by an impaired driver, a drowning at an unsafe pool, and a fatal fall from a defective ladder all have the basis for wrongful death lawsuits. In general, wrongful deaths occur due to:

Medical errors – According to research from Johns Hopkins, 10% of all U.S. deaths are due to medical errors, including surgical errors, medication errors, and diagnostic errors. These deaths could be considered wrongful deaths.
Workplace accidents – Fatal accidents can occur at any workplace, but they are especially prevalent among workers in the construction, transportation, and law enforcement industries.
Falls – Falls are one of the leading causes of injury deaths in the U.S. If unsafe property conditions or a defective product cause a fatal fall, the law may classify the death as wrongful.
Drownings – Florida leads the nation in the number of drownings each year. When inadequate pool safety measures cause a drowning, the law may treat the death as wrongful.
Car accidents – The National Center for Injury Prevention and Control reports that car accidents are a leading cause of unintentional injury deaths in the U.S. When a distracted, impaired, or reckless driver causes a fatal crash, the law classifies the death as wrongful.

Filing a Wrongful Death Claim in Florida

Should You File a Wrongful Death Claim?

After the sudden death of a loved one, thinking about pursuing a legal claim for wrongful death and trying to understand the legal process involved can be extremely difficult for individuals and families. However, with support and guidance from an experienced St. Petersburg wrongful death attorney, you may be able to take the steps necessary to act in your own best interest during this difficult time.

The Florida Wrongful Death Act clearly delineates who can file a wrongful death claim and recover damages (compensation). According to the Act, the decedent’s personal representative (usually the Executor of the estate) must be the one to initiate the claim. However, both the estate and survivors may be entitled to recover damages.

The surviving spouse has the first right to seek damages. If there is no spouse, the right passes to the deceased’s children. If no spouse or children exist, the parents may claim compensation. Other dependents—such as blood relatives and adoptive siblings who relied on the decedent for support—may also qualify for damages.

Standards of Proof for a Florida Wrongful Death Claim

What Do You Need to Prove in a Wrongful Death Claim?

A valid wrongful death claim must meet the legal standards of proof for negligence. The exact standards vary with the type of negligent or wrongful act and resulting fatal injuries, but in all cases, you have to be able to prove that:

The negligent party or parties had a legal duty to the deceased victim. A property owner has a legal duty to keep his property in reasonably safe condition for those visiting the property, for example. Manufacturers have a legal duty to ensure the products they manufacture are safe when used as intended. Doctors and other healthcare providers have a legal duty to provide healthcare services of the same quality a reasonably prudent healthcare provider practicing in the same area of medicine would provide.
The negligent party or parties failed to meet their legal duty. For example, if a property owner knows a structure is dangerous but fails to fix it or warn visitors, he fails to meet his legal duty. Likewise, if a doctor provides lower-quality care than a reasonably skilled practitioner in the same field, he also breaches that legal duty.
The negligent party or parties’ failure to meet their legal duty caused fatal injuries. If dangerous conditions on a property caused fatal injuries, the property owner or manager may be legally responsible. Similarly, if a doctor failed to provide the level of care expected from a reasonably skilled physician, their negligence may have caused the injuries.

As with most personal injury lawsuits, a statute of limitations applies to your right to file a wrongful death lawsuit. In Florida, this is two years. That is, you must file a wrongful death lawsuit within two years of the death, or you waive the right to hold the negligent party accountable.

Damages Recoverable with a Florida Wrongful Death Lawsuit

What Compensation Is Possible with a Wrongful Death Claim?

In Florida, the estate of the decedent and the decedent’s survivors both have the right to file a claim for damages. The estate may recover damages that compensate for injuries leading up to or directly caused by the death. This compensation is ultimately distributed to the estate’s beneficiaries or legal heirs and may include:

Lost wages and other earnings, including those the deceased person could reasonably have been expected to make if he or she had lived.
Lost prospective net accumulations of the estate, or the value of earnings the estate could reasonably have expected if the decedent had lived.
Medical and funeral expenses that were paid directly by the estate.

The victim’s survivors also have a legal right to pursue additional damages to compensate them for the emotional effects of the death, including:

Loss of support and services. The value of support and services the deceased would have provided to the surviving family member(s) from the time of the injury until his or her death, as well as in the future.
Loss of companionship. A surviving spouse may be able obtain compensation for the loss of companionship, protection and support. Minor children may also collect compensation for their loss of parental companionship, instruction, and guidance. Adult children can obtain compensation only if there is no surviving spouse.
Mental and emotional pain and suffering due to the loss. Surviving spouses and minor children can be awarded compensation for the mental pain and suffering they experience due to the death. Parents may also obtain compensation if the victim was a minor child.

Help from Experienced St. Petersburg Wrongful Death Attorneys

What St. Petersburg Law Firm Has the Experience You Need to Handle Your Wrongful Death Claim?

If the negligent or wrongful conduct of another party (or parties) led to a family member’s death, the experienced wrongful death attorneys of Dennis Hernandez Injury Attorneys want to help. We understand how overwhelming financial and legal challenges can feel after losing a loved one. That’s why we fight to help you secure justice and recover compensation for your pain, suffering, and losses.

To support your case, our legal team gathers all the necessary evidence to prove negligence as quickly as possible. We also negotiate aggressively with insurance companies and defense attorneys. When needed, we build a powerful wrongful death case that clearly shows your right to full financial and emotional compensation.

Unlike many personal injury firms that rush to settle, we won’t back down. Our team stands by your side throughout the legal process and fights relentlessly for your rights. Our extensive trial experience equips us to take your case to court and fight for the compensation you deserve.

Call our St. Petersburg office at 727.697.0000 or fill in the FREE CASE EVALUATION form on our website to get started on your case.

Sources:
Johns Hopkins Medicine. (2016, May 3). Study suggests medical errors now third leading cause of death in the U.S. https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

National Center for Injury Prevention and Control. Centers for Disease Control and Prevention. (2019). 10 Leading causes of injury deaths by age group highlighting unintentional injury deaths, United States – 2018.
https://www.cdc.gov/injury/wisqars/pdf/leading_causes_of_injury_deaths_highlighting_unintentional_2018-508.pdf

The 2020 Florida Statutes. Chapter 768. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html