Roman Austin Car Accident and Personal Injury Lawyers | April 21, 2025 | Wrongful Death
Florida law allows for legal actions when someone’s death is caused by “the wrongful act, negligence, default, or breach of contract or warranty of any person.” If the victim would have been able to file a personal injury lawsuit against the defendant had they survived, it may be possible to file a wrongful death claim to seek damages. However, you must be able to prove the following in order to prove your wrongful death claim in Florida:
Legal Standing
As a preliminary matter, you must be able to show that you have legal grounds to sue. In Florida, wrongful death claims must be brought by the personal representative of the estate. The personal representative must name all potential beneficiaries, including the decedent’s estate, in the legal complaint, per Florida law.
Legal Duty of Care
Most wrongful death claims are based on the legal theory of negligence. The first element of a negligence claim is that the defendant owed the victim a duty of care. This duty depends on the law and the relationship between the parties, such as:
- Motorists must follow traffic laws and drive safely to avoid car accidents.
- Trucking companies must comply with state and federal regulations.
- Property owners must maintain their premises to avoid causing foreseeable injuries to visitors.
- Healthcare professionals must provide medical treatment within the accepted standard of care in the community.
- Nursing homes must supervise their workers to prevent abuse or neglect of patients in their care.
Absent a specific duty of care, all people must act reasonably to avoid injuring others.
Breach of Duty
A breach of duty occurs when the defendant violates their duty of care. For example:
- A motorist was speeding, drinking and driving, or texting.
- A trucking company encouraged its drivers to violate hours of service rules.
- A property owner failed to correct a dangerous condition on the property that they knew about.
- A healthcare provider deviated from the standard of care.
- A nursing home negligently supervised its staff.
An experienced wrongful death lawyer can evaluate the circumstances surrounding your loved one’s death and explain your legal rights.
Causation
Next, you must prove the direct causal link between the defendant’s actions (or inactions) and the accident. For example, a car accident would not have occurred if the driver had sped up. Evidence may help prove this causal connection, such as:
- Accident reports
- Eyewitness statements
- Accident reconstruction reports
- Photos or videos of the accident
- Digital evidence and black box data recorders
- Business and employment records
- Medical records
An experienced attorney can help identify and gather the evidence necessary to establish your legal claim.
Damages
Florida’s wrongful death law allows beneficiaries and the estate to collect certain damages. Depending on the circumstances, this could include:
- The value of lost support and services from the date of the decedent’s injury to their death, with interest
- Future loss of support and services from the decedent’s date of death, reduced to present value
- Loss of companionship and protection
- Mental pain and suffering
- Lost parental companionship, instruction, and guidance
- Medical or funeral expenses paid or charged against the estate
- Loss of the prospective net accumulations of the estate
An experienced wrongful death lawyer can evaluate your relationship to the deceased and the facts to determine which damages you can include in your claim.
A Lawyer Can Help Establish These Legal Elements
Losing a loved one due to another person’s negligence can be tragic. An experienced St. Petersburg wrongful death lawyer can evaluate your situation with compassion and sensitivity. If you have a viable claim, an attorney can help you move forward with a case to seek justice and accountability from the parties responsible for your loved one’s death.
Contact the St. Petersburg Wrongful Death Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a wrongful death lawyer in St. Petersburg. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Car Accident and Personal Injury Lawyers – Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers – Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Car Accident and Personal Injury Lawyers – Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Car Accident and Personal Injury Lawyers – New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Car Accident and Personal Injury Lawyers – St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers – Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500