If your loved one passed away after becoming the victim of a personal injury accident, you can take action to hold the negligent party accountable. You could file an insurance claim or lawsuit to recover compensation. A St. Petersburg wrongful death lawyer from Distasio Law Firm can help you build a compelling argument.
Contact us today to discuss your case with a dedicated personal injury attorney. If we believe you have a case against the at-fault party, a skilled legal professional from Distasio Law Firm can pursue your wrongful death case on a contingency-fee basis. This means you will pay nothing out of pocket to get started, and we only collect payment if you win a settlement or award in court.
St. Petersburg Wrongful Death Cases and Florida Law
Almost any type of personal injury accident could support a wrongful death claim or lawsuit under Florida’s Wrongful Death Act. If we can prove that your loved one suffered injuries in an incident caused by someone else’s negligence, and that they passed away because of those injuries, you may qualify to take legal action.
Our experienced St. Petersburg attorneys can pursue wrongful death cases that involve:
- Medical malpractice
- Car collisions
- Defective product injuries incidents
- Boating accidents
- Falls and other premises liability incidents
- Nursing home abuse
- Other negligence-based accidents
It is important to note that Florida law only allows some family members to recover compensation in a wrongful death action. This generally includes immediate family members such as:
- Minor children
- Adult children
- Parents of the deceased
- Other members of the family in specific circumstances
At Distasio Law Firm, our team of knowledgeable lawyers in St. Petersburg understand how these wrongful death statutes work. We can determine who can take legal action, who can receive compensation, and which damages are recoverable due to the negligence of another.
The death of your loved one is traumatic, but we may be able to help you exercise your rights and pursue compensation for your loss. To ensure you get answers to your questions and learn more, we will review your options with you today for free.
Benefits of Representation in a St. Petersburg Wrongful Death Case
When you sign on to work with a diligent wrongful death lawyer in St. Petersburg from Distasio Law Firm, we will take the casework out of your hands so you can concentrate on your family. We know how difficult this time is for the families of accident victims, both emotionally and financially. We also understand how hard it may be to discuss the events that led to your loved one’s death.
Some people hesitate to take legal action in these cases because they feel like they are reliving their pain again and again. When we handle these claims, we are compassionate and empathetic toward these concerns, listening to your needs.
If you work with a Distasio Law Firm attorney, you can expect us to:
- Answer your questions, discuss possible outcomes in your case, and advise you throughout the process
- Gather evidence that supports a wrongful death case, such as photos and videos, witness statements, police reports, and more
- Hire accident reconstruction specialistsreation or other experts to testify when needed
- Manage all legal deadlines and paperwork
- Communicate with the insurance companies and the courts on your behalf
- Bring your case to court if the insurance companies do not offer a fair settlement based on the evidence we provide
- Defend your rights throughout the process
Distasio Law Firm can help build your case and pursue fair compensation on your family’s behalf. You do not have to go through this alone. Talk to a well-practiced St. Petersburg wrongful death attorney for a free case consultation.
Recoverable Damages in a Wrongful Death Action
When our compassionate team of attorneys take on your wrongful death case in St. Petersburg, our goal is to secure compensation for the losses you suffered as a result of your loved one’s death. The Florida Wrongful Death Act outlines the types of damages available. They include:
- Medical or funeral expenses paid by family members
- Compensation for mental and emotional suffering
- Loss of support and services
- Loss of companionship and protection for the surviving spouse
- Loss of guidance and instruction for surviving minor children
Certain circumstances may provide for additional damages to those listed here. The exact damages available in your family’s wrongful death case will depend on a number of factors. Our team can determine the recoverable damages in your case and their approximate settlement value, but only after we investigate what happened and document the individual damages.
We cannot tell you how much your case might be worth during your initial consultation. However, we can discuss the possible recoverable damages in your case during this meeting. You can speak with a representative of Distasio Law Firm now.
We Will Prove Your Wrongful Death Case in St. Petersburg, Florida
A wrongful death action is similar to a personal injury case in many ways. Both require showing one party acted negligently and caused the victim’s injuries. The primary difference is that the victim in a wrongful death action passed away and cannot take legal action to get justice. Instead, their family or a personal representative can act on their behalf. in their stead.
All of these cases are based on negligence-related accidents, though. Proving negligence generally requires showing someone acted carelessly or recklessly, caused an incident, and this led to the injuries in question.
There are four elements required to prove negligence, as outlined by the American Bar Association (ABA):
- The defendant—or at-fault party—owed a duty of care to the victim.
- They breached this duty of care, usually because of careless, reckless, or intentional actions.
- The defendant’s breach caused the accident or incident.
- The victim suffered losses and injuries as a result.
In wrongful death cases, the injuries and their complications were serious enough to lead to the death of the victim. For example, imagine suppose your loved one passed away because another driver ran a stop sign. In this case:
- That driver had a duty to stop at the traffic signal.
- They failed to do so.
- Their failure to stop caused the crash.
- Your loved one suffered fatal injuries.
These factors would make the at-fault driver negligence and therefore responsible for your loved one’s wrongful death-related expenses.
Statute of Limitations in a Wrongful Death Case
Under Florida Statute 95.11(4)(d), family members usually have up to two years from the date of their loved one’s passing to file a wrongful death lawsuit. If any of these deadlines pass, your family may lose their ability to recover compensation for wrongful death in court.
This will also make it difficult or impossible to reach a settlement with the negligent party’s insurance company. That’s because, after the statute of limitations expires, there is little incentive to settle your case.
The statute of limitations isn’t the only reason you should take prompt legal action. We also want to collect time-sensitive evidence to prove your case. This is imperative to proving your damages and recovering the money damages your family deserves.
Talk to a St. Petersburg Wrongful Death Attorney From Our Team Today
We offer free wrongful death case reviews to surviving family members. We can help you understand how the Florida Wrongful Death Act works and the rights it offers to family members of victims. A St. Petersburg wrongful death lawyer from Distasio Law Firm may be able to help you secure compensation and hold the liable parties accountable.
Call to discuss your wrongful death case with our team. We provide complimentary initial consultations. Let us explain your rights and legal options today.