Losing a family member because of someone else’s careless or reckless actions is one of the most painful experiences a person can endure. The grief is real, the financial strain can be sudden and severe, and the questions about what to do next can feel relentless.
At Roman Austin, our Clearwater wrongful death lawyer team is here to help you find answers, protect your family’s rights, and hold the responsible party accountable.
What Is a Wrongful Death Claim in Florida?
A wrongful death claim is a civil lawsuit filed when someone dies because of another person’s or company’s negligent, reckless, or intentional conduct. Unlike a criminal case, a wrongful death claim doesn’t result in jail time. It seeks financial compensation for the losses your family has suffered as a direct result of the death.
Florida law allows certain surviving family members to pursue these claims. Here’s what you need to know:
- Only a personal representative of the deceased’s estate can file a wrongful death lawsuit in Florida, but the compensation recovered goes to the surviving family members.
- Eligible survivors typically include a spouse, children, and parents, though the specifics depend on the family’s circumstances.
- Compensation can cover funeral costs, lost income the deceased would have earned, loss of companionship, and the pain and suffering the deceased experienced before death.
- Florida’s wrongful death statute generally gives survivors two years from the date of death to file a claim, so acting promptly matters.
How Wrongful Deaths Happen in Clearwater
Wrongful deaths in Clearwater can result from a wide range of situations.
Car and Truck Accidents
Our attorneys handle cases involving car and truck accidents on busy corridors like U.S. 19 and Gulf-to-Bay Boulevard, where distracted and impaired drivers cause fatal collisions.
Pedestrian Accidents
We also handle pedestrian deaths near Clearwater Beach and the popular shopping areas along Cleveland Street, where foot traffic and vehicle congestion create dangerous conditions.
Construction Accidents
Fatal accidents on construction sites, in workplaces, and in commercial properties around Countryside Mall and the Drew Street corridor are also grounds for wrongful death claims when negligence played a role.
Boating Accidents
Boating accidents on Clearwater Harbor and the surrounding Gulf waters claim lives every year, and those deaths can trigger wrongful death liability when someone’s carelessness was to blame.
Violent Acts
When a death results from a violent act, such as a shooting at a business that failed to provide reasonable security, a wrongful death claim may lie against the property owner.
Our wrongful death lawyer in Clearwater FL team reviews every detail of what happened so your family understands all available options.
Who Can File a Wrongful Death Lawsuit in Florida?
Florida’s law defines exactly who has the right to bring a claim and who may receive compensation. Understanding how this works helps your family know where you stand before you take any legal steps.
The Personal Representative Files the Lawsuit
In Florida, the personal representative of the deceased’s estate is the only person legally authorized to file a wrongful death lawsuit. This person acts on behalf of all surviving family members. The personal representative might be:
- A person named in the deceased’s will to manage the estate
- A surviving spouse or adult child appointed by the court if no will exists
- Another family member or trusted individual appointed by a probate judge
Even if you are the one who suffered the most from your loved one’s death, you cannot file the lawsuit yourself unless you are also serving as the personal representative.
If your family hasn’t gone through this process yet, an attorney can help you understand how to get it started quickly so you don’t lose valuable time.
Who Receives Compensation After a Wrongful Death Claim?
Although the personal representative files the lawsuit, the compensation recovered goes to the surviving family members. Florida law identifies specific survivors who may be entitled to receive damages.
Surviving Spouse
A surviving spouse has the broadest recovery rights under Florida’s wrongful death statute. A spouse may seek compensation for:
- Lost financial support the deceased would have provided
- Lost companionship, comfort, and protection
- Mental pain and suffering caused by the loss
Children of the Deceased
Minor children (those under) can recover for lost parental companionship, instruction, and guidance, as well as mental pain and suffering. In cases where the deceased left no surviving spouse, adult children may also recover for these losses.
Each child’s relationship with the deceased and their dependence on that parent factors into what compensation may be available.
Parents of the Deceased
If the deceased was a minor child, both parents may recover for mental pain and suffering. If the deceased was an adult with no surviving spouse or children, parents may still be able to recover for their grief and the loss of companionship.
Florida courts look at the nature of the relationship and the parents’ dependence on the deceased when evaluating these claims.
Other Potential Survivors
In some cases, blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for financial support may also have a recoverable claim. This is less common, but it’s worth discussing with your attorney if your family situation includes someone who relied on your loved one financially.
What Compensation Can Your Family Recover?
The compensation available in a wrongful death case reflects both the economic and personal losses your family has suffered. Our Clearwater fatal accident attorney team works to build a thorough picture of what your family has lost so that no element of your claim is left on the table.
Economic Damages
- Medical bills the deceased incurred before death as a result of the fatal injury
- Funeral and burial costs
- Lost wages, benefits, and earning potential the deceased would have provided to the family
- Loss of the household services the deceased would have contributed
Non-Economic Damages
Non-economic damages address losses that don’t come with a price tag but are just as real.
- A surviving spouse who lost a partner of 30 years has lost daily companionship, emotional support, and a shared life.
- Children who have lost a parent have lost years of guidance, love, and presence.
Florida law recognizes these losses and allows survivors to seek fair compensation for them.
Punitive Damages
In cases where the responsible party’s conduct was especially egregious, such as a drunk driver who killed someone on a Clearwater road, punitive damages may also be available. These are designed to punish particularly reckless or intentional behavior and deter similar conduct in the future.
The Role of Negligence in a Wrongful Death Claim
To succeed in a wrongful death lawsuit, your attorney must show that the person or entity responsible owed a duty of care to your loved one, that they breached that duty, and that the breach caused the death. This is the foundation of negligence law, and it applies across a wide range of wrongful death situations.
Examples of Duty of Care and Breach
A driver who ran a red light on Drew Street and killed a cyclist breached the duty to operate a vehicle safely. A property owner who failed to repair a known hazard near Coachman Park that caused a fatal fall may have breached the duty to maintain a reasonably safe premises. A trucking company that pressured a driver to exceed legal hours of service, contributing to a fatal crash on I-275, may bear responsibility for that death.
Florida’s Comparative Fault Rules
Florida follows a modified comparative fault system. This means that if your loved one was found to be partially at fault for the accident, the compensation your family recovers could be reduced by that percentage.
How Fault Percentage Impacts Compensation
If your loved one was found to be more than 50% at fault, your family may not be able to recover at all. This is one reason why having a skilled legal team on your side matters. They work to build the strongest possible case and push back against any attempt to shift blame onto your loved one.
What to Do After a Wrongful Death in Clearwater
The period immediately after a fatal accident is filled with grief, and it can be hard to think about legal steps. Still, certain actions in the early days can protect your family’s right to seek justice.
Preserve Evidence
First, preserve whatever evidence you can. Photographs of the accident scene, witness contact information, police reports, and any surveillance footage that might exist near the location of the incident are all valuable. Evidence can disappear quickly, especially in cases involving vehicle accidents or business properties.
Don’t Accept an Early Settlement
Second, be careful about communications with insurance companies. Insurers representing the at-fault party often reach out to families quickly, sometimes with an early settlement offer. These offers are rarely full and fair compensation for what your family has lost. Before you sign anything or accept a wrongful death settlement, speak with a lawyer.
Obtain and Organize Medical Records
Third, get medical records. If your loved one received care at a local facility like Morton Plant Hospital in nearby Clearwater or BayCare facilities in the area before passing, those records are an important part of documenting the extent of the injury and the connection to the incident that caused it.
Contact a Wrongful Death Attorney
Contacting a wrongful death law firm in Clearwater as early as possible gives your legal team the best opportunity to gather evidence, identify all responsible parties, and protect your family’s legal rights before the statute of limitations runs out.
Why Families in Clearwater Choose Roman Austin
Our attorneys at Roman Austin have years of experience handling wrongful death cases throughout the Clearwater area and across Pinellas County. We know the local court system and how Florida’s wrongful death statute works in practice. We’re focused on getting real results for the families we represent.
Our firm handles wrongful death cases on a contingency fee basis. That means you pay no attorney’s fees unless we recover compensation for your family. There are no upfront costs, no hourly bills, and no financial risk to coming to us for help.
A free consultation with our Clearwater wrongful death attorney team costs you nothing, and it gives you the information you need to make a decision about your family’s next steps.
Frequently Asked Questions About Wrongful Death Claims in FL
How long do I have to file a wrongful death claim in FL?
Florida’s statute of limitations gives you two years from the date of death to file a wrongful death claim in court. Missing this deadline means the court will dismiss your case and you won’t be able to recover compensation. Reach out to an attorney now to protect your rights.
What if the person responsible for my loved one’s death also faced criminal charges?
A criminal case and a civil wrongful death lawsuit are separate proceedings. A criminal conviction can support your civil case, but you don’t need a criminal conviction to pursue a wrongful death claim. The civil standard of proof is lower than the criminal standard, so your family can still recover compensation even if criminal charges were dropped or resulted in an acquittal.
How much does it cost to hire a wrongful death lawyer at Roman Austin?
We represent wrongful death clients on a contingency fee basis, which means there are no upfront legal fees. We only get paid if we recover compensation for your family. Your free consultation is completely without cost or obligation.
What if my loved one was partially at fault for the accident?
Florida’s modified comparative fault rule means that partial fault can reduce your family’s compensation. However, it doesn’t automatically end your claim. Our team examines the evidence closely to establish the facts and counter any unfair attempt to place blame on your loved one.
Can I still file a wrongful death claim if the at-fault party has little or no insurance?
Possibly. Depending on the circumstances, there may be other sources of compensation available, such as an underinsured motorist policy, a business owner’s insurance, or other liable parties we identify during our investigation. We look at every potential avenue of recovery for your family.
Contact Roman Austin for a Free Wrongful Death Consultation
Your family deserves honest answers and dedicated legal representation during one of the most difficult times you’ll ever face. At Roman Austin, our Clearwater wrongful death lawyer team is ready to listen to what happened, explain your legal options, and stand with your family every step of the way. We’re focused on accountability and committed to fighting for the full compensation your family is owed.
Don’t let the responsible party walk away without consequence. Call Roman Austin today at (727) 787-2500 for your free, no-obligation consultation. There are no fees unless we recover compensation. Taking the first step costs you nothing.