St. Petersburg Wrongful Death Attorney

When a person passes away due to fatal injuries caused by another person or entity, their loved ones may have grounds to file a wrongful death lawsuit. While legal action cannot take away the pain of losing a loved one, it is an important tool to provide compensation for the family and hold reckless parties accountable under the law.

Kogan & DiSalvo injury lawyers know the devastating impact of an unexpected and preventable wrongful death on a family. That is why we advocate for family members and beneficiaries who may not know their rights.

Here, we explain the wrongful death claim process, and what is required to prove negligence and recover damages.  

What Is a Wrongful Death Claim?

In the state of Florida, “wrongful death” is a death that is caused by another party’s negligent or intentional act. In other words, if the negligent party had not acted in a careless or reckless manner, the death would not have occurred.

A wrongful death claim is a civil lawsuit filed by a person or family against another party for the purpose of obtaining financial compensation for damages. It is similar to a personal injury claim, but used when an injury results in death.

Various situations can result in a wrongful death. The cases we commonly oversee at Kogan & DiSalvo include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Pedestrian accidents
• Bicycle accidents
• Bus accidents
• Slip & fall accidents
• Workplace accidents

Florida Statute §768.119 permits a wrongful death claim in cases where the deceased individual could have filed a personal injury lawsuit if they had survived. 

The Importance of Seeking Legal Help for a Wrongful Death Lawsuit

After a loved one’s untimely passing, meeting with a lawyer may not be your first priority. But unfortunately, medical bills, funeral expenses, and the loss of income can create a significant financial burden for those left behind.  

A wrongful death lawsuit cannot bring your family member back. But it can provide peace of mind knowing the compensation you receive will cover your bills now and in the years to come.

The legal bar for proving negligence in wrongful death suits is high, but with experienced St. Petersburg wrongful death lawyers in your corner, it can be done. We use every tool at our disposal to investigate your case, gather evidence, and determine who is liable. From there, we build a solid and compelling case for damages.

Yes, our team is aggressive when we need to be—but we’re also compassionate and caring with clients impacted by tragedy. Our goal is to handle every detail of your claim, so you can focus on healing and rebuilding after the death of someone close to you.  

Navigating the Wrongful Death Claims Process

The wrongful death claim process begins with an investigation. We collect and evaluate every detail of their passing to learn how the accident happened and who is responsible. If we find negligence occurred, we move forward with a wrongful death lawsuit.

Typically, the lawsuit is filed in the court that has jurisdiction over the case. Generally, this is the location where the fatal accident took place.

Who Can Bring a Wrongful Death Claim?

Florida allows people with specific relationships to the deceased person to bring wrongful death claims. They include:

• The surviving spouse of the deceased person
• Children of the deceased person (under age 25)
• All children of the deceased person if there is no surviving spouse
• The surviving parents of a deceased minor or adult minor (if there are no other survivors)

Without a surviving spouse, children, or parent, other family members who were partially or fully dependent on the deceased person can bring a wrongful death claim in Florida.

What Is the Statute of Limitations on Florida Wrongful Death Suits?

It’s important to note that the time you have to file a wrongful death lawsuit in Florida is not unlimited. Generally, you have two years from the date of your loved one’s passing to bring a claim. If you do not act within that timeframe, you may be barred from doing so altogether.

Who Is Liable for a Wrongful Death?

Unlike criminal claims where the defendant is found to be guilty or not guilty, civil claims focus on the issue of liability, or responsibility. Liability depends on the circumstances of the specific case, and how and why the victim came to be fatally injured.

Here are a few examples to illustrate the principle of liability in wrongful death claims:

• Someone who consumed alcohol and had a blood-alcohol content above the legal limit when they ran a red light and collided with the victim’s car would be liable for their injuries.

• If a commercial truck driver was looking down at his mobile phone when he veered out of his lane and collided with a bicyclist, that driver is likely to be found liable for the biker’s death.

• Companies who make, sell, and market dangerous and defective products leading to consumer deaths can be liable as well.

• A hospital that does not provide adequate safety training and enforcement may be liable if a patient dies from a preventable medical error.

As your legal representative, your attorney evaluates your case to determine liability and takes the necessary steps to prove negligence.

Proving Negligence for a Wrongful Death

Wrongful death claims rest on the principle of negligence. Our job as your legal team is to make the connection between the defendant’s negligent act and your loved one’s death. We do this by showing the following:

• The defendant owed the decedent a duty of care.
• The defendant breached that duty of care.
• That breach of duty caused the decedent’s passing.
• The plaintiff suffered damages as a result of the decedent’s passing.

We use evidence and eyewitness testimony to convince the insurance company (during settlement negotiation) or the judge and/or jury (in civil court) that negligence occurred and the defendant is the negligent party.  

How Are Wrongful Death Claims Resolved?

Many wrongful death claims are settled before they go to court. As your legal firm, we negotiate with the insurance company representing the person or entity whose actions caused the wrongful death. However, if you accept a settlement, you give up any right to file future claims.

If both parties cannot agree on a settlement, we then pursue your case in court. If that happens, your case will be resolved by a judge or jury verdict.

We always discuss your rights and options in depth, so you can make informed decisions at every stage of your legal proceedings.  

Potential Compensation in a Wrongful Death Lawsuit

Damages are the remedy awarded to make the injured party whole. Typically, they take the form of financial compensation. Florida law allows family members and/or beneficiaries to receive compensation for the loss of past and future support and services from the day of the fatal injury, with interest.

Other possible damages include compensation for:

• Reimbursement for burial and funeral costs
• Medical bills from the accident date to the time of death
• The loss of companionship and protection (for a surviving spouse)
• The loss of companionship, instruction, and guidance (for minor children)
• Mental pain and suffering (for surviving parents, spouses, and minor children)

Compensation is based on many variables. A free case consultation with Kogan & DiSalvo wrongful death lawyers in St. Petersburg is the best way to get an idea of potential damages for your case.

How Kogan & DiSalvo Can Help

Losing a loved one is never easy. But knowing their fatal accident could have been prevented only adds to the pain.

Wrongful death claims often involve multiple parties, including attorneys and insurance companies. And the deadline to take legal action arrives faster than you might imagine. At Kogan & DiSalvo, we are fully aware of the hurdles involved in wrongful death suits, and we’re more than ready to take them on. Call or reach out online to schedule a free case review today. We are proud to represent clients in and around St. Petersburg and Pinellas County, and across the state of Florida.