Justice and support for families after unimaginable loss
When you lose someone you love unexpectedly, the life you once enjoyed is now filled with pain and inconsolable grief. Your emotional agony is constant. You may be trying to take care of funeral arrangements, comfort other family members, and still figure out how to keep your life on track, all while knowing this didn’t have to happen.
If someone else’s careless actions caused your loss, Florida law gives you the right to pursue accountability through a wrongful death claim. It’s not just about money, it’s about getting answers, preserving your family’s future, and holding the right people responsible.
The team of Clearwater wrongful death lawyers at Roman Austin has helped families in Clearwater for decades, and we’re ready to help you too.
We’ve stood beside grieving spouses, children, and parents who are looking for guidance in the middle of their most painful moments. Our team brings compassion, experience, and deep commitment to every case. If you’re unsure where to start, we’ll meet you where you are with compassion, respect, and no pressure.
Key Takeaways
- Florida allows certain surviving family members to file a wrongful death lawsuit when a loved one dies due to someone else’s negligence.
- Common causes include car accidents, falls, workplace injuries, and other preventable events.
- The law provides compensation for both economic losses and personal suffering, such as loss of companionship and future income.
- Florida law allows specific family members, such as spouses, children, or parents, to recover compensation in a wrongful death claim.
- Florida has a two-year deadline to file, and some claims may have even shorter notice requirements.
- Insurance companies often try to shift blame onto the deceased to avoid paying. A lawyer can protect your family from these tactics.
- Working with a skilled wrongful death attorney can relieve your burden and improve your chances of receiving a full and fair settlement.
- Roman Austin helps families in Clearwater pursue justice with personal attention, deep legal knowledge, and a track record of results.
What Is Considered a Wrongful Death in Florida?
Wrongful death refers to any fatal incident caused by another person or company’s negligence, misconduct, or wrongful act. In Clearwater, many of these tragedies happen in avoidable accidents, such as car crashes, truck accidents, dangerous property conditions, or fatal injuries at work.
Under the Florida Wrongful Death Act (Florida Statutes § 768.16–768.26), if the person who passed away could have filed a personal injury claim had they survived, then their surviving family members may bring a wrongful death lawsuit instead.
This is not a criminal case. It’s a civil claim designed to hold the responsible party financially accountable for the harm they caused. These claims are often filed in tandem with other legal or insurance matters, which is why experienced legal guidance is so important from the start.
Who Can File a Wrongful Death Lawsuit in Clearwater?
Not everyone is eligible to bring a wrongful death claim under Florida law. The lawsuit must be filed by the personal representative (also known as the executor) of the deceased person’s estate. However, the compensation goes to eligible surviving family members, including:
- The surviving spouse
- Children of the deceased
- Parents (especially if the deceased was a minor or unmarried)
- Blood relatives or adoptive siblings who depended on the deceased for financial or emotional support
The court may also recognize minor children or financially dependent relatives in certain situations. If no will exists, the court will appoint a representative. Either way, this process can be complicated, and it often adds unnecessary confusion to an already difficult time. That’s why it’s important to speak with an experienced wrongful death lawyer early on to ensure your rights are protected.
What Compensation Can Families Receive?
Losing someone suddenly affects every part of your life—emotionally, financially, and logistically. A wrongful death claim aims to compensate your family for the full impact of that loss. In Clearwater and throughout Florida, recoverable damages may include:
- Funeral and burial expenses
- Medical bills incurred before your loved one passed
- Loss of income and financial support
- Loss of future services or contributions
- Loss of companionship, guidance, and protection
- Mental and emotional pain suffered by surviving family members
- Loss of parental instruction for children
In rare but especially egregious cases, punitive damages may also be awarded. This typically occurs when a defendant’s actions were not just negligent, but reckless, such as a trucking company with a history of hiring unqualified and dangerous drivers. These damages are meant to punish the wrongdoer and deter others from similar conduct.
Evaluating damages in a wrongful death case requires a close look at earning potential, family dynamics, and life expectancy, among many other factors. Roman Austin works with respected financial and economic experts to fully document and prove the value of your claim so your family receives full and fair compensation for your damages and losses.
Common Causes of Wrongful Death in Clearwater
Many wrongful death cases in Clearwater trace back to everyday situations where someone failed to act with reasonable care. These aren’t rare or unusual events. They happen on familiar roads, in local businesses, or out on the water. Roman Austin has represented families across Pinellas County in cases involving preventable tragedies like these:
Car accidents
Clearwater sees its share of serious car crashes, especially along US-19, Court Street, and Gulf-to-Bay Boulevard. When drivers are speeding, distracted, or impaired, the risk of fatal injury rises sharply. We help families hold reckless drivers accountable after deadly collisions.
Truck accidents
Fatal truck accidents are often the result of negligence by commercial drivers or carriers. Whether it’s a semi-truck hauling freight on I-275 or a local delivery vehicle in downtown Clearwater, these cases demand quick investigation and experienced legal guidance.
Motorcycle accidents
Motorcyclists are extremely vulnerable in crashes, particularly when drivers fail to yield or check their blind spots. We’ve handled numerous cases involving fatal motorcycle collisions on Clearwater’s beach routes, major intersections, and highways.
Bus accidents
When city-run or privately operated buses crash, the consequences can be devastating. Fatalities may involve passengers, pedestrians, or occupants of smaller vehicles. These cases often include government agencies and layered insurance complications.
Pedestrian accidents
Clearwater’s walkable areas, from downtown to the beach district, also pose risks to pedestrians. Fatal accidents often occur when drivers ignore crosswalks or fail to yield. Children, seniors, and tourists are especially at risk in these busy corridors.
Bicycle accidents
Bike lanes and recreational trails are common across Clearwater, but drivers don’t always respect cyclists’ right to share the road. Fatal crashes can occur when vehicles pass too closely, turn without checking, or open doors into a rider’s path.
Boating accidents
Clearwater’s access to the Intracoastal Waterway and Gulf of Mexico makes boating a regular activity, but also a source of serious risk. Fatalities may result from impaired boating, speeding, or operator inexperience, whether offshore or near Clearwater Marina.
Slip and fall accidents
Falls can be fatal, especially for older adults, and often occur at apartment complexes, grocery stores, or local care facilities. Poor lighting, wet floors, or missing handrails can turn an ordinary visit into a tragedy.
These are just a few of the practice areas our experienced personal injury lawyers handle in the Tampa-St. Petersburg-Clearwater metropolitan area.
How Long Do You Have to File a Wrongful Death Claim in Florida?
Florida law imposes a strict two-year statute of limitations on wrongful death claims. That means from the date your loved one passed away, you typically have just 24 months to file a lawsuit. In some cases, such as when a government entity is involved, you may have only six months to provide notice of intent to sue.
Once the deadline passes, courts will almost always dismiss your case, no matter how strong your claim may be. This is why it’s important to act promptly. We know legal matters may not be your first priority when you’re grieving. But a short call with our team can preserve your right to compensation while you focus on your family.
What to Do After a Loved One’s Wrongful Death
If you’ve lost a family member in an accident and suspect someone else was at fault, it’s normal to have more questions than answers. We’re here to guide you through the next steps.
Even if you’re not ready to file a claim, there are still ways to protect your rights:
- Hire a Clearwater wrongful death lawyer. An attorney will take over the investigation, communicate with insurers, and build your case while you focus on healing.
- Document your experience. Journaling can help you process your grief and may serve as useful evidence if you pursue non-economic damages for emotional suffering.
- Keep up with your support network. Counseling, community, and communication are important for emotional recovery and help the legal team demonstrate the real-world impact of your loss.
These steps don’t have to be complicated. Our Clearwater legal team can guide you through each one so you can move forward without added stress.
Why Choose Roman Austin for Your Clearwater Wrongful Death Case?
No two wrongful death cases are the same, and neither are the firms that handle them. At Roman Austin, we focus on what matters most to your family: answers, justice, and long-term peace of mind.
You’re never just a case file to us
We’ve helped families across Clearwater who are struggling with grief and uncertainty. Behind every case is a parent, spouse, or child. That matters to us. By keeping our caseload low, we’re able to give each family the time, attention, and care they deserve.
Board-certified trial leadership
Founding attorney Mark Roman is board-certified in civil trial law, an honor held by fewer than 2% of Florida attorneys. This distinction reflects proven courtroom ability and a commitment to going the distance when insurers won’t settle fairly. We prepare every case as if it’s going to trial.
Track record of success
We’ve recovered multi-million dollar verdicts and settlements in wrongful death and serious injury cases throughout Clearwater and beyond. From fatal car crashes to trucking accidents, our results show insurers we’re serious—and that leverage benefits every client we represent.
Decades of personal injury focus
Wrongful death is central to our personal injury practice. With more than 60 years of combined experience, we understand how insurance companies work and how to respond. Our firm has delivered life-changing results for families throughout our area devastated by the loss of a loved one.
We know Clearwater, and Clearwater knows us
We’re rooted in this community. Our attorneys live here, work here, and know the roads and risks that lead to serious accidents—from US-19 and Gulf-to-Bay to the crosswalks near Clearwater Beach. We’ve handled cases involving local hospitals, intersections, and first responders. That local insight helps us move faster and build stronger cases from the start.
Former insurance defense lawyers on your side
Before founding Roman Austin, two of our attorneys worked for insurance companies. That experience now works in your favor. We know the tactics insurers use to avoid paying full compensation, and we use that knowledge to push back hard. Whether you’re facing blame-shifting, lowball offers, or delay tactics, we’re prepared to counter every move.
We care because we’ve seen the pain families carry
Helping people after loss isn’t just our job—it’s the part of our work that leaves a lasting mark. After decades of representing grieving families, we’ve witnessed the toll these deaths take: the empty chairs, the financial uncertainty, the ripple effects through generations. We take on these cases because we want to ease that burden. We treat each case like we would if it were our own loved one, because that’s the level of care we would want.
FAQs About Wrongful Death Claims in Florida
Wrongful death claims are emotionally and legally complex. Here are answers to common questions we hear from Clearwater families:
What is the deadline for filing a wrongful death claim in Florida?
You typically have two years from the date of your loved one’s passing to file a wrongful death lawsuit in Florida. If the claim involves a public entity, such as a city bus accident, you may need to give formal notice within just six months. Waiting too long can permanently bar your claim, so don’t delay speaking with a lawyer.
What if my loved one was partially at fault for the accident?
Florida follows a modified comparative negligence rule. If your loved one was 50% or less at fault, you can still recover compensation, but your award will be reduced by their percentage of blame. If they were more than 50% responsible, compensation may be barred. We can help investigate and defend against any attempts to unfairly shift blame.
How much does it cost to hire a wrongful death lawyer?
At Roman Austin, we work on a contingency fee basis. That means you pay nothing upfront, and nothing at all unless we win your case. If we recover compensation for your family, our fee comes out of the settlement or verdict, not your pocket. Your first consultation is always free.
Who decides how the compensation is divided among family members?
If multiple survivors are eligible for compensation, a Florida court may decide how to divide the settlement unless all parties agree beforehand. This process considers each person’s relationship to the deceased and their level of financial or emotional dependence. A wrongful death attorney can help structure the settlement to avoid conflicts and delays.
Do I need to go to court for a wrongful death case?
Not necessarily. Most wrongful death claims in Clearwater settle outside of court. However, if the other side refuses to offer fair compensation, we’re fully prepared to take your case to trial. Having a board-certified civil trial lawyer on your side means your case is courtroom-ready from day one.
Speak With a Clearwater Wrongful Death Lawyer Today
If you’ve lost someone you love because of someone else’s negligence or recklessness, the last thing you should have to deal with is the stress of a legal fight.
At Roman Austin, we know that no amount of compensation can ever make your life whole again, but we believe full and fair compensation for your loss can provide the resources you need to process your grief and find a way to move forward at your own pace.
Our Clearwater-based team has helped countless families across Pinellas County through some of the hardest times of their lives. We’re ready to do the same for you. We’ll listen carefully, guide you through your options, and take over the legal burdens so you can focus on healing.Call (727) 787-2500 today or contact us online to schedule a free, no-pressure consultation. Let us help you move forward with clarity and confidence.