Dunedin Wrongful Death Lawyer
Are you grieving the unexpected and traumatic death of a family member after an accident in Dunedin, Florida? Reach out to the compassionate legal team at Roman Austin Personal Injury Lawyers right away. You have rights in the wake of your loss, including the opportunity to pursue damages from those responsible. Our experienced Dunedin wrongful death lawyers can help you maximize your recovery.
Roman Austin Personal Injury Lawyers has been trusted by grieving families in Dunedin and throughout the greater Tampa Bay area since its founding in 1996. Led by a board-certified civil trial lawyer and attorneys who have been honored with some of the top honors in the legal industry, we’ve successfully helped clients win over $120 million in life-changing awards.
Focus on moving forward and trust our award-winning Florida trial attorneys to help you get the compensation you deserve. Reach out to our law office serving Dunedin, FL, by calling call at (727) 787-2500 today. Your first consultation is free.
How Roman Austin Personal Injury Lawyers Can Help If You’ve Suffered the Wrongful Death of a Family Member in Dunedin, FL
The thought of navigating a contested legal claim for damages in the wake of a devastating loss can be overwhelming. Fortunately, you don’t have to navigate this difficult time in your life on your own. Our personal injury lawyers in Dunedin are here to lend the support and experience you need to get by.
As leaders in personal injury litigation in Florida, our top-rated litigators have a proven ability to make a positive impact on the lives of the people we represent. When you turn to us for help, you become family. We’ll fight for you as such.
Count on our Dunedin personal injury attorneys to:
- Explain your legal rights and walk you through what options you have to recover compensation
- Carefully investigate the circumstances surrounding your loved one’s fatal accident or injury
- Depose witnesses to the accident and gather information from parties with insight into your wrongful death case
- Enlist expert witnesses to provide guidance as we build your case and establish what your damages are worth
- Defend your loved one’s good name if the defense attempts to shift liability and blame them for their fatal accident
- Evaluate medical records, accident reports, video footage, and other evidence we recover through the discovery process
- Force the defense to engage in meaningful settlement talks as we work to negotiate a top-dollar recovery on your behalf
- Have a top-rated Florida litigator bring your case to trial in Pinellas County, if necessary
We represent families of accident victims on contingency. You won’t have to worry about paying anything for our help unless we recover compensation on your behalf. Contact our wrongful death attorneys in Dunedin today to learn more. We’re always here to help – 24 hours a day, seven days a week.
How Does Florida Define Wrongful Death?
The right to file a lawsuit for damages doesn’t disappear when a person is killed in an accident in Dunedin, Florida. Instead, the right shifts to someone else.
Florida’s Wrongful Death Act defines wrongful death as the death of a person caused by the wrongful act, default, negligence, or breach of contract of another individual. If the victim would have had the right to bring a legal claim for damages if they’d survived, this opportunity transfers to another party.
Types of Wrongful Death Cases We Handle
Wrongful death involves a fatality caused by negligence, default, or wrongful actions.
At Roman Austin Personal Injury Lawyers, we have experience advocating for families in all types of wrongful death cases, including those involving:
- Car accidents
- Truck accidents
- Uber and Lyft accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Boating accidents
- Cruise ship accidents
- Workplace accidents
- Construction accidents
- Slip and fall accidents
- Dog bites and animal attacks
- Matters of premises liability
- Negligent security
- Assault and battery
- Medical malpractice
- Birth injury
- Nursing home abuse and neglect
- Product liability
If your loved one suffered a catastrophic injury – such as a brain injury, spinal cord injury, amputation, or severe burn – and later died because of its severity, we can help you pursue the compensation you need and deserve.
Experience matters when you’re navigating a contested wrongful death action, especially if there’s a manipulative insurance company on the other side of the negotiating table. Put over 120 years of combined experience to work for you by putting our Dunedin wrongful death attorneys in your corner.
Who Can File a Florida Wrongful Death Case?
Not just anyone can file a wrongful death lawsuit after a fatal accident in the state of Florida. Rather, this right is reserved for the personal representative of the victim’s estate. This could be a personal injury attorney, a party assigned by the court, or someone appointed in the victim’s last will and testament.
The representative files the wrongful death lawsuit on behalf of the victim’s surviving family members, including:
- Surviving spouse
- Children
- Parents
- Blood relatives or adoptive siblings who relied on the victim for support
Any damages recovered in the wrongful death action are distributed to the estate and to these survivors, as applicable.
What’s the Difference Between a Wrongful Death Claim and a Survival Action?
There are actually two types of civil legal claims that can follow a fatal accident in Florida.
The first, as we’ve discussed, is a wrongful death lawsuit. This is intended to compensate the victim’s surviving family members for the losses and trauma they’ve experienced in the wake of the victim’s death.
The second is known as a survival action. A survival action is essentially an extension of the lawsuit the victim would have filed if they’d survived their injuries. There is one requirement for a survival action to exist: the victim must have survived their injuries for a period of time. The purpose of the survival action is to compensate for the victim’s losses during this period of survival.
What Types of Damages Can Be Awarded in a Wrongful Death Case in Dunedin, Florida?
A wrongful death lawsuit is intended to compensate survivors for the losses they’ve experienced because of their family member’s death. As a result, the types of damages that can be recovered are limited in scope.
Compensation can include economic and non-economic damages for:
- Value of lost support and services, with interest
- Loss of spousal companionship and protection
- Loss of parental companionship, instruction, and guidance
- Mental pain and suffering for the loss of a spouse, child, or parent
- Medical or funeral expenses paid by a family member
Through a survival action, the following damages can also be awarded to the estate:
- The decedent’s lost earnings from the date of the accident through the date of their death
- Loss of prospective net accumulations of their estate
- Medical or funeral expenses charged against the estate
When a wrongful death lawsuit goes to trial in Dunedin, a jury has the discretion to award punitive damages, as well. Punitive damages are appropriate when a jury has clear and convincing evidence to demonstrate that the defendant’s actions were grossly negligent or intentionally harmful.
What is the Statute of Limitations for Florida Wrongful Death Cases?
Florida has a strict two-year statute of limitations that applies to most wrongful death lawsuits. There are some exceptions, such as cases where a cause of death is fraudulently concealed.
You have to file your wrongful death claim within the applicable statute of limitations. When time runs out, you lose the right to demand compensation from those at fault.
Can Shared Fault Affect a Wrongful Death Settlement in Florida?
Florida’s modified comparative negligence statute applies to all personal injury cases, including wrongful death matters.
Under the law, the right to recover compensation is reduced based on a victim’s negligence. If your loved one’s own negligence contributed to their fatal accident or death, your right to recover compensation will be compromised.
Specifically, the damages in your wrongful death action will be reduced in direct proportion to their fault. Let’s say your spouse was killed in a car accident in Dunedin, Florida. Your case is valued at $1 million. However, your spouse assumes 10 percent of the blame because they were speeding. In turn, the maximum financial recovery you can receive is $900,000.
Our wrongful death lawyers in Dunedin will be ready to challenge any attempts to blame your loved one for their fatal accident. These efforts can seriously hurt your ability to recover the compensation you need and deserve. We’ll be there to protect your family member’s good name and your legal pursuit for damages.
Schedule a Free Consultation With an Experienced Dunedin Wrongful Death Lawyer
After the loss of a family member in a fatal accident in Dunedin, Florida, don’t hesitate to call Roman Austin Personal Injury Lawyers. Our experienced Dunedin wrongful death lawyers can help you file a claim and pursue compensation for your devastating loss.
Our attorneys are top-rated Florida litigators with an unrivaled ability to win tough cases. Put our 120+ years of combined experience in your corner. Contact our lawyers at Roman Austin Personal Injury Lawyers today or give us a call at (727) 787-2500 to schedule a free consultation, and let us help you toward recovery.
