Losing someone you love because of someone else’s careless or reckless actions is one of the most painful things you can experience. It’s not only the emotional toll that weighs on your family, but the sudden financial strain, the unanswered questions, and the uncertainty about what to do next. If your loved one’s death could have been prevented, you have every right to seek justice, compensation, and a path forward.
At Roman Austin, our New Port Richey wrongful death lawyers understand how difficult this time is for you. Our team has helped many families in New Port Richey through wrongful death cases. We’ve seen the heartbreak and hardship that follows a loved one’s wrongful death. These are experiences that guide our dedication to securing justice for our clients. They’re why we do what we do.
At Roman Austin, we know that this process is about much more than financial compensation. It’s about justice, accountability, and securing your family’s future.
Why Choose Roman Austin for Your New Port Richey Wrongful Death Case?
We’re not just here to handle your case. We’re here because we care deeply about the families we represent.
Board-certified trial leadership
Roman Austin is led by a Board Certified Civil Trial Lawyer—a distinction held by less than 2% of attorneys in Florida. This means your case is backed by proven courtroom experience.
Decades of focused experience
We bring over 60 years of combined legal experience, and we’ve recovered more than $100 million for injured clients and grieving families throughout Florida.
A former defense perspective
Our lawyers include former insurance defense attorneys. We know how the other side thinks and how to counter their strategies to maximize your compensation.
Local roots, personal service
We proudly serve New Port Richey and the surrounding areas. You’ll never be treated like a case number. We keep caseloads low so we can provide high-touch, compassionate support.
No out-of-pocket expenses
Roman Austin’s New Port Richey wrongful death lawyers work on a contingency fee basis. We get paid only if we win your cases. Our fees come out of the settlement or verdict we obtain for you, not out of your pocket.
What Is a Wrongful Death Claim in Florida?
When a person dies due to someone else’s negligence, misconduct, or failure to act, Florida law allows certain surviving family members to pursue a wrongful death claim. These claims help provide compensation for losses such as lost income, funeral expenses, and emotional suffering.
Wrongful death cases often arise from tragic incidents like traffic accidents, unsafe conditions on someone’s property, or negligent medical care. While the person or business responsible may not have intended harm, they can still be held legally accountable under Florida law.
Common causes of wrongful death in New Port Richey:
- Car accidents and truck crashes
- Motorcycle and bicycle collisions
- Pedestrian accidents
- Workplace accidents
- Falls on dangerous property
- Construction site injuries
- Medical malpractice
- Defective or dangerous products
These cases are not just about how the death occurred. They’re about proving that the death should not have happened in the first place.
Who Can File a Wrongful Death Lawsuit in New Port Richey?
Not everyone connected to the deceased can bring a wrongful death lawsuit. Florida’s wrongful death statute is specific about who may pursue legal action and recover compensation.
Eligible family members typically include:
- The surviving spouse
- Minor children or adult children, in certain cases
- Parents of a deceased minor or adult child
- Blood relatives or adoptive siblings who were financially dependent on the deceased
The wrongful death lawsuit is formally filed by the personal representative of the deceased’s estate, but it is filed on behalf of the surviving family members who suffer damages because of the death.
What Compensation Can You Recover in a Wrongful Death Case?
No amount of money can truly make up for the loss of a beloved family member. But compensation can provide the financial security needed to move forward.
Damages in a Florida wrongful death claim may include both economic and non-economic losses. Your attorney will carefully evaluate every potential source of compensation and build a claim that reflects your family’s full loss.
Potential damages in a wrongful death lawsuit include:
- Loss of financial support and future earnings
- Medical expenses related to the final injury or illness
- Funeral and burial costs
- Loss of companionship, guidance, and protection
- Emotional pain and suffering for surviving family members
- Loss of parental companionship for children
- Loss of services and contributions to the household
In some cases, the court may also award punitive damages to punish gross negligence or misconduct.
What to Do After a Loved One’s Fatal Accident
When tragedy strikes, families are left feeling shocked, unprepared, and emotionally drained. In the days and weeks that follow, you may be facing painful decisions, unexpected expenses, and pressure from insurance companies to move quickly. It can feel like the world is rushing forward while you’re still trying to catch your breath.
At Roman Austin, we’ve worked with countless families in New Port Richey who’ve lost someone too soon. We understand the deep emotional and financial pain that follows a preventable death. That’s why we act with compassion and urgency to protect your rights and ease your burden while honoring your loved one.
Here are a few important steps to consider:
- Hire a wrongful death lawyer – Having legal representation ensures your family’s best interests are protected from the beginning
- Preserve medical records and funeral documentation – These are key pieces of evidence in any wrongful death claim
- Limit interactions with insurance adjusters – They may contact you quickly, but you are not required to speak with them without an attorney.
- Keep a record of your family’s losses – Notes, photos, and journals can help capture how this loss is affecting your daily life.
- Explore probate options – If there is no will, a court-appointed personal representative can move the legal process forward.
These are not steps you have to take alone. We’re here to walk beside you and handle the legal process so you can focus on what truly matters: grieving, healing, and rebuilding.
How Long Do You Have to File a Wrongful Death Lawsuit in Florida?
Florida law gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. This deadline is known as the statute of limitations, and it is strictly enforced by the courts.
Missing this deadline almost always means losing your right to pursue compensation. Speak with a wrongful death attorney as soon as possible. Early action also allows your lawyer to investigate, preserve evidence, and secure witness testimony while details are still fresh.
There are some exceptions to the two-year rule, such as cases involving government agencies or delayed discovery. A knowledgeable wrongful death lawyer can explain how these might apply to your situation.
Proving Fault in a Wrongful Death Case
You may already know in your heart who was responsible. But in the eyes of the law, proving liability requires solid evidence and a compelling legal strategy. Our attorneys take that burden off your shoulders so you can focus on your family.
To recover compensation, your legal team must show that:
- The responsible party owed your loved one a duty of care
- That duty was breached through negligent or reckless conduct
- The breach directly caused your loved one’s death
- You and other survivors suffered real losses as a result
At Roman Austin, we conduct thorough investigations, gather medical records, consult with expert witnesses, and reconstruct what happened so we can tell the full story of your loved one’s death clearly and convincingly.
What If Your Loved One Was Partially At Fault?
In some cases, the insurance company may argue that your loved one contributed to the accident. Under Florida’s modified comparative fault system, this does not automatically prevent a wrongful death claim.
As long as your loved one was 50% or less at fault, you can still recover damages. However, your compensation will be reduced based on the percentage of fault assigned to your loved one.
This tactic is often used to minimize payouts. Our attorneys know how to push back against unfair blame-shifting and protect the value of your claim.
How an Experienced Wrongful Death Attorney Can Help
Handling a wrongful death claim is about holding the right parties accountable, uncovering the truth, and making sure your family receives the compensation you need to regain financial stability. A skilled wrongful death lawyer can carry this burden for you, making the process smoother and more manageable.
Here’s what an experienced attorney can do:
- Conduct a thorough investigation – Your lawyer will gather and preserve evidence such as accident reports, medical records, surveillance footage, and witness statements. They may also consult with accident reconstructionists or medical experts to build a compelling case.
- Identify all responsible parties – Some cases involve more than one liable party, such as a negligent driver and their employer, or a product manufacturer and distributor. Your attorney will assess every angle to ensure all sources of compensation are pursued.
- Handle negotiations with insurance companies – Insurance adjusters are trained to devalue claims. Your lawyer knows their tactics and will push back to demand a fair settlement that reflects the full scope of your loss.
- Calculate the full value of your claim – This includes not just medical and funeral expenses, but long-term financial support, emotional losses, and the value of your loved one’s companionship and contributions to the family.
- Represent you in court if needed – If a fair settlement isn’t possible, a trial attorney will prepare your case for court and advocate on your behalf in front of a judge and jury. At Roman Austin, we’re always ready to take that step if it means securing justice for your family.
Partnering with a lawyer who understands wrongful death law and has a track record of success gives your case credibility and strength. It also gives you the space to focus on what truly matters: honoring your loved one’s memory and beginning the path toward healing.
Frequently Asked Questions About Florida Wrongful Death Claims
Can more than one party be held liable for a wrongful death?
Yes, it is possible for multiple parties to share responsibility in a wrongful death case. For example, in a fatal car crash, both a negligent driver and a vehicle manufacturer could be liable. Your attorney can identify all liable parties to help maximize your potential compensation.
What happens if no will exists naming a personal representative?
If your loved one did not leave a will, the court will appoint a personal representative—usually a surviving spouse or close family member. This person will be responsible for filing the wrongful death claim and distributing any awarded damages to the eligible family members.
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 we only get paid if we win your case.
What types of evidence can support my wrongful death claim?
Helpful evidence may include medical records, accident reports, witness testimony, photos or videos, and expert opinions. Your attorney will gather and present this information on your behalf.
Can I sue a government agency for wrongful death in Florida?
Yes, but special rules and shorter time limits apply. If a city, county, or state entity caused your loved one’s death, contact us as soon as possible to preserve your legal rights.
Talk to a New Port Richey Wrongful Death Lawyer Today
When someone else’s careless actions cause the death of someone you love, the impact touches every part of your life. You deserve answers, accountability, and relief from the weight this loss has created. At Roman Austin, we’re here to help you carry that weight.
We’ve seen how deeply wrongful death affects every part of a family’s world—financially, emotionally, and personally. And in each of those families, we’ve seen our own. Our clients remind us of the people we love, and we treat them with the same care, attention, and respect we would want for ourselves.
This work has never been just a job to us. It’s a calling grounded in the belief that the law should be a force for good—for safety, accountability, and dignity. If your family is struggling after a wrongful death, we’re ready to help.
Call our New Port Richey office at (727) 815-8442 or contact us online to schedule your free consultation. We’re here to help you move forward with compassion, strength, and purpose.