When someone dies due to the negligence or recklessness of another person, that person’s family may be able to file a wrongful death lawsuit. You may be entitled to recover compensation for pain and suffering and medical and funeral expenses. If you have lost a loved one in this way, it is important to speak with an experienced St Petersburg wrongful death attorney who can help you understand your legal options.
At The Fran Haasch Law Group, our St. Petersburg wrongful death attorneys are adept at handling all types of wrongful death cases. We serve the St. Petersburg area, including Sarasota, Bradenton, Port Charlotte, and Venice. We understand the emotional and legal complexities involved in these types of claims, so we take the time to listen to you and your story, understand your unique needs, and work to achieve your goals.
Contact an experienced wrongful death attorney today for a free case evaluation.
What Constitutes Wrongful Death in Florida?
In Florida, the term “wrongful death” occurs when a death is caused by the negligence or recklessness of another person. This means that the death would not have happened if the person had not acted negligently or wrongfully.
Negligence is a failure to take reasonable care to avoid causing injury or death to another person.
Causes of Wrongful Death
There are many different causes of wrongful death. Common causes of wrongful deaths often include:
- Car accidents
- Medical malpractice
- Workplace accidents
- Defective products
Wrongful death cases can be complex, so it is important to have an experienced attorney on your side who can help you navigate the legal process and fight for the compensation you deserve.
Who Can File Wrongful Death Lawsuits in Florida?
Florida law requires the personal representative of the deceased’s estate to file a wrongful death claim. A personal representative may be a family member or a person named in the will. Whichever the case, they file the lawsuit on behalf of the deceased’s surviving family members. In Florida, the following people may file wrongful death lawsuits:
- The surviving spouse of the deceased person;
- Children of the deceased person under 25, and all children of the deceased person if there is no surviving spouse; and
- the surviving parents of a deceased minor, or the surviving parents of an adult minor if there are no other survivors.
- If there is no surviving spouse, child, or parent, then other family members who are partially or wholly dependant on the deceased person
Liable Parties in a Wrongful Death Suit
Many different parties may be liable in a wrongful death case. It will depend on the specific facts of your case as to who may be held responsible. Some potential defendants include:
- The driver of the other car in a fatal accident;
- The doctor who made a medical error;
- The owner of the property where an accident occurred; and
- The manufacturer of a defective product.
An experienced St. Petersburg wrongful death lawyer will be able to investigate your case and determine who may be held liable for your loved one’s death.
How Can I Prove Negligence in a St. Petersburg Wrongful Death Case?
To win a wrongful death case, you will need to prove that the person or persons who caused the death of your loved one were negligent. This means that you will need to prove that they did not act reasonably and that their negligence resulted in the death of your loved one.
Some examples of things that you may need to prove include:
- The person or persons knew or should have known that their actions could result in death;
- The person or persons failed to take steps to prevent the death from happening;
- The person or persons acted recklessly or carelessly;
- The person or persons violated a safety law or regulation;
- The person or persons failed to warn of the dangers of their actions.
Florida Wrongful Death Statute
In Florida, the statute of limitations for wrongful death lawsuits is two years from the date of death. This means that you have two years from the date of your loved one’s death to file a lawsuit. If you do not file within this time period, you may be barred from doing so.
Damages You Can Recover in Wrongful Death Cases
The damages that can be recovered in a wrongful death action will depend on the case’s circumstances. However, some of the most common types of damages that are awarded in these cases include:
- Funeral and burial expenses;
- Medical expenses;
- Lost wages and benefits;
- Loss of companionship;
- Pain and suffering.
Contact The Fran Haasch Law Group today to discuss your legal options if you have lost a loved one from wrongful death. Our experienced attorneys can help you understand your rights and fight for the compensation you deserve.
Can I Still Sue If the Responsible Party Was Arrested or Charged With a Crime?
Yes. In Florida, you can file a wrongful death lawsuit even if the person who caused your loved one’s death has been arrested or charged with a crime. This is because criminal charges and civil lawsuits are two separate legal matters.
What Our St. Petersburg Wrongful Death Lawyers Can Do For You
At The Fran Haasch Law Group, we focus on helping victims, and their families recover. We pursue personal injury lawsuits, and wrongful death claims to obtain full compensation for damages such as pain and suffering, medical expenses, lost earnings, property damage, etc.
With over 20 years of experience, we draw on constant medical research to help clients recover after being injured in motor vehicle accidents in Tampa Bay and the surrounding areas. Founding personal injury attorney, Fran Haasch, is a lifetime member of the Multimillion Dollar Advocates Forum and a member of the American Association for Justice, the Florida Justice Association, and the Tampa Bay Trial Lawyers Association.
Our attorneys are skilled and experienced litigators. We are not afraid to take your lawsuit to trial if necessary. No matter how complicated your case, our firm is here to help you navigate the legal process from start to finish.
Why You Should Contact a Florida Wrongful Death Attorney As Soon As Possible
There are a few key reasons why you should contact a Florida wrongful death attorney as soon as possible after your loved one’s death. First, there is a statute of limitations in Florida for filing a wrongful death lawsuit, which means that if you wait too long, you could miss your chance to seek justice.
Second, the sooner you contact an attorney, the sooner they can begin gathering evidence and building your case. And finally, dealing with the legal aspects of wrongful death can be overwhelming, so it’s important to have an experienced advocate on your side.
We Get You the Compensation You Deserve
At The Fran Haasch Law Group, our wrongful death attorneys understand that no amount of financial recovery can undo what you have been through. However, a fair settlement or jury verdict can ease the financial burden of unexpected medical bills, lost income, and other economic and non-economic damages associated with your loved one’s accident.
We have obtained multi-million-dollar jury verdicts and settlements in personal injury cases involving auto accidents and claims concerning wrongful death and catastrophic injuries.
Here are a few of our accident case results:
- $1.8 million for our client in Pinellas County who was injured in an auto accident.
- $1.8 million for a 33-year-old female client in Hillsborough County who was lawfully stopped for a left-turning vehicle ahead when she was rear-ended by the defendant vehicle, which was then rear-ended by the vehicle behind it, causing the client to feel two impacts. This resulted in multiple back surgeries and an infection which caused the client to be hospitalized several times.
- $1.6 million for a 25-year-old female passenger on a motorcycle when the defendant cut across the client’s path. The client was thrown over 200 feet from the motorcycle. The accident resulted in a fractured leg, broken finger, back surgery, and many other injuries.
- $1.55 million for a 46-year old male in Pasco County who was stopped at a red light on U.S. Highway 19 in Pasco County and was rear-ended by the defendant at a high rate of speed.
- $1.35 million for a client in Pasco County. The defendant turned left in front of our client, causing the client’s vehicle to flip and resulting in many injuries.
- $1.34 million for a 69-year-old male client in Orange County who was in the left turn lane when the defendant came across his pathway while attempting to turn and collided with the client. The accident resulted in multiple severe injuries, including a fractured pelvis, broken ribs, punctured lung, a broken arm that required surgery, and several lacerations.
- $1.3 million for a 33-year-old female client in Pinellas County who was rear-ended while stopped at a traffic light with her three children in the car with her. The accident resulted in multiple surgeries and complications.
- $1.025 million for our client injured in a car accident in Hillsborough County.
- $1 million for a client in Hillsborough County rear-ended in stop-and-go traffic on the interstate.
Contact a St. Petersburg Wrongful Death Attorney Today
At The Fran Haasch Law Group, we are committed to fighting for your fair recovery. We strive to help injured individuals and the families of the deceased secure the full, fair recovery they are owed. We offer dedicated legal representation for car accident victims and bicycle, rideshare, and semi-truck accidents victims.
If you feel you have been the victim of a serious car crash through no fault of your own. Our attorneys are prepared to help you navigate the legal process and work toward securing the maximum compensation you are owed. Call (727) 784-8191 or contact our law firm online to get started on receiving maximum compensation for your personal injury case.