Losing someone you love is always deeply painful and heartbreaking. When that loss is caused by someone else’s carelessness, like a fatal car crash on I-275, a deadly fall at a construction site, or another avoidable tragedy, it adds an extra layer of anguish. The pain you’re carrying is real and personal. And now, on top of your grief, you’re left wondering what happens next.
At Roman Austin, our St. Petersburg wrongful death lawyers know that legal action may be the last thing on your mind. But it can also be the first step toward justice. Florida law allows surviving family members to file a wrongful death claim when negligence or misconduct cuts a person’s life short. It’s not about putting a price on a life; it’s about holding the responsible party accountable, protecting your family’s financial future, and honoring your loved one’s memory.
Let our experienced wrongful death attorneys in St. Petersburg help you through this. We offer strength when yours is shaken, clarity when everything feels uncertain, and the legal skill to fight for an outcome your family deserves.
Key Takeaways
- Wrongful death claims arise when someone dies due to another person’s negligence or misconduct
- Florida law allows the deceased’s personal representative to file a claim for the benefit of surviving family members
- Compensation may include lost income, medical bills, funeral expenses, and emotional pain
- You have two years to file a wrongful death claim in Florida
- Proving negligence is key to a successful case, but your attorney handles this on your behalf
- Roman Austin has recovered significant wrongful death verdicts for families in Pinellas County
- Our firm offers personalized support, low caseloads, and Board Certified Civil Trial representation
- Contact Roman Austin online or call (727) 787-2500 for a free consultation
Why Choose Roman Austin for a St. Petersburg Wrongful Death Claim?
When your family is grieving and looking for answers, the law firm you choose matters. Wrongful death cases are about more than compensation. They’re about accountability, healing, and justice. Roman Austin offers extensive experience, personal commitment, and local insight to help families throughout St. Petersburg move forward with strength.
Board Certified Civil Trial Law Representation
Roman Austin legal team includes a Board Certified Civil Trial Lawyer, a distinction earned by fewer than 2% of attorneys in Florida. This certification reflects a high level of courtroom experience, successful trial outcomes, and a deep commitment to personal injury and wrongful death law.
Results That Reflect Our Commitment to Families
We’ve handled numerous wrongful death cases resulting in seven-figure verdicts and settlements. Our success comes from thorough preparation, strategic litigation, and the belief that every family deserves a strong advocate. One of our most impactful results: a multimillion-dollar wrongful death verdict that helped a local family regain financial stability after a devastating loss.
We’ve Seen the Impact—and That’s Why We Care
After decades of representing injured clients and grieving families, you begin to see the human cost of negligence. We’ve met with parents who buried a child, spouses left with financial uncertainty, and kids growing up without a parent. These aren’t just cases to us; they’re people who deserve everything the law can offer.
We care because we see ourselves and our families in our clients. We take every case personally because that’s what we would want nothing less for our own loved ones.
Local Experience That Makes a Difference
With decades of service in St. Petersburg, Clearwater, and the greater Tampa Bay area, we know the roads, the court system, and the insurers operating in this community. We also know how wrongful death cases are viewed by local judges and juries. That insight helps us build stronger, more persuasive claims on your behalf.
Small Caseloads, Big Commitment
We intentionally keep our caseload small so every client receives the attention they deserve. When you call us, you won’t be routed through layers of staff; you’ll speak to a team that knows your name, your case, and what you’re going through. You’re not just a file number. You’re family.
No Fees Unless We Win
We handle wrongful death claims on a contingency fee basis, which means you pay nothing for our services unless we secure compensation for your family. No upfront costs. No hourly billing. Just straightforward, risk-free representation.
What Is a Wrongful Death Claim Under Florida Law?
Not every accidental death qualifies as wrongful death under the law. According to Florida Statutes § 768.19, a wrongful death occurs when a person dies due to another party’s “wrongful act, negligence, default, or breach of contract or warranty.” In other words, if the person could have filed a personal injury claim had they survived, their estate may now bring a wrongful death lawsuit on their behalf.
Wrongful death claims can arise from many different circumstances in St. Petersburg, including:
- Fatal car and truck accidents
- Motorcycle and bicycle collisions
- Pedestrian accidents
- Workplace incidents
- Medical malpractice (if applicable)
- Unsafe premises or negligent security
- Defective or dangerous products
Each case is unique, but they all share one thing in common: someone failed to take reasonable care, and that failure resulted in the loss of a life.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida Statutes § 768.20, only the personal representative of the deceased person’s estate can officially file a wrongful death claim. This individual may be named in the decedent’s will or appointed by the court. However, the claim is filed for the benefit of the surviving family members, including:
- A surviving spouse
- Children (including adopted children)
- Parents
- Blood relatives or adoptive siblings who depended on the decedent for financial or emotional support
While the legal process is handled by the personal representative, it’s the surviving family members who stand to recover compensation for their suffering and losses. That includes not only financial losses like lost income or funeral costs but also the very real pain of losing a partner, parent, or child.
What Compensation Is Available in a St Petersburg Wrongful Death Case?
The purpose of a wrongful death lawsuit is to restore—financially—some of what the surviving family has lost. Though no settlement or verdict can bring your loved one back, compensation can offer stability and relieve some of the pressure that follows an unexpected death.
Florida allows for several types of damages in wrongful death cases, including:
- Medical expenses related to the deceased’s final injury or illness
- Funeral and burial costs
- Lost wages and future income that the deceased would have earned
- Loss of companionship and protection for spouses
- Mental and emotional pain and suffering for parents who lost a child
- Loss of parental guidance and support for surviving children
- Loss of services and support that the deceased would have provided
In rare cases, punitive damages may also be awarded to punish especially reckless or intentional behavior. These damages are designed to send a message and prevent others from suffering the same fate.
What is a Survival Action?
In addition to a wrongful death claim, Florida law allows the deceased person’s estate to file a survival action in some instances under Florida Statutes § 46.021. This type of claim seeks compensation for the pain, suffering, medical expenses, and other losses the deceased experienced between the time of injury and their death. Unlike wrongful death damages, which benefit surviving family members, survival actions benefit the decedent’s estate directly.
How Are Wrongful Death Cases Different From Personal Injury Claims in Florida?
A wrongful death lawsuit isn’t just a larger personal injury case—it’s a fundamentally different legal action with its own procedures, challenges, and emotional weight. In personal injury claims, the injured person brings the case. In wrongful death actions, the claim is filed on behalf of the deceased’s estate and surviving family members.
Damages are also different. Wrongful death cases focus on the impact to surviving relatives, such as lost companionship, emotional pain, and lost financial support, while survival actions address what the deceased suffered before death. These legal nuances make wrongful death cases more complex and often more contested by insurance companies.
Working with a law firm that understands these distinctions is critical. Roman Austin has the experience, resources, and compassion to guide your family through this process with care and clarity.
Proving Liability in a Wrongful Death Claim
To succeed in a wrongful death case, your legal team must prove that the defendant’s negligent or wrongful conduct caused your loved one’s death. This may involve reviewing accident reports, interviewing witnesses, gathering expert opinions, and reconstructing the events that led to the fatal incident.
Common types of negligence that may lead to a wrongful death case include:
- A distracted or drunk driver who caused a crash
- A trucking company that pushed a fatigued driver beyond safe limits
- A property owner who failed to fix a known safety hazard
- An employer who ignored workplace safety violations
You do not need to gather this evidence or prove fault yourself. That’s what Roman Austin’s legal team is here for. Our St. Petersburg wrongful death lawyers take care of everything so you can focus on your family and healing.
What Is the Deadline to File a Wrongful Death Lawsuit in Florida?
Florida’s statute of limitations for wrongful death cases is two years from the date of death, according to Florida Statutes § 95.11(4)(d). That means you must file your claim within that window or risk losing your legal right to seek compensation.
Two years may sound like a long time, but wrongful death investigations can be lengthy and complex. The sooner you hire a wrongful death attorney, the better positioned your case will be.
Frequently Asked Questions
What if I’m not sure whether my loved one’s death qualifies as wrongful death?
Even if you’re uncertain, it’s always worth speaking with a wrongful death attorney. Florida law defines wrongful death broadly. If your loved one’s death was caused by someone else’s carelessness, recklessness, or intentional misconduct, you may have a valid claim. We’ll review the facts and let you know where you stand.
Can multiple family members recover damages in a wrongful death lawsuit?
Yes. While the claim is filed by the personal representative of the estate, multiple surviving family members may receive compensation. This can include a spouse, children, parents, or others who depended on the deceased for support. The exact distribution depends on your family’s circumstances and Florida’s wrongful death statutes.
How long does a wrongful death case take to resolve?
Timelines vary depending on the complexity of the case, whether liability is disputed, and the amount of investigation needed. Some cases resolve in a few months through settlement, while others may take a year or longer if they go to trial. We move quickly and keep you informed at every stage.
What if the person responsible is facing criminal charges?
You can still file a civil wrongful death lawsuit even if the defendant is also facing criminal charges. These are two separate legal actions. A criminal case seeks punishment, while a civil claim seeks compensation. Your case may proceed whether or not there’s a conviction.
Will we have to go to court?
Most wrongful death cases settle out of court, but we prepare every case as if it will go to trial. That approach leads to stronger negotiations and better outcomes. If a fair settlement isn’t possible, we’re fully prepared to fight for you in court, and we have the courtroom experience to do it.
Call a St. Petersburg Wrongful Death Lawyer Who Will Stand With You
Nothing prepares you for the sudden loss of someone you love. But when that loss was caused by someone else’s poor choices or reckless behavior, the grief feels even heavier. At Roman Austin, we’re here to carry that weight with you.
We’ll handle the legal process, deal with insurance companies, and build a strong wrongful death claim so you can focus on what matters most: your family, your healing, and your future.
Our St. Petersburg wrongful death attorneys have decades of experience helping families like yours recover. We’ll listen, we’ll guide you, and we’ll fight for you as if you were one of our own.
Call Roman Austin today at (727) 787-2500 or contact us online to schedule a free, confidential consultation. Let’s talk about how we can help you move forward with strength, justice, and dignity.