Have you lost a loved one in a wrongful death accident in St. Petersburg, Florida? Winters & Yonker Personal Injury Lawyers can help when you call (727) 314-5988. We offer a free consultation with a St. Petersburg wrongful death lawyer who will listen with compassion and explain your legal options.
Losing a family member due to someone else’s negligence is devastating—emotionally and financially. Our team is here to shoulder the legal burden so you can focus on healing. We’ll fight tirelessly to hold the responsible party accountable and pursue the compensation your family deserves. Contact our office today to get started.
Why Families in St. Petersburg, FL, Trust Winters & Yonker Personal Injury Lawyers After Fatal Accidents
At Winters & Yonker Personal Injury Lawyers, we’re proud to be the firm families turn to during some of the most difficult moments of their lives. Our attorneys are dedicated to helping those affected by tragic loss seek justice, accountability, and meaningful compensation.
Here’s why so many clients in St. Petersburg, FL, place their trust in us:
- Our award-winning trial attorneys bring over 119 years of combined legal experience to every case we handle.
- We’ve secured tens of millions of dollars in life-changing settlements and verdicts for our clients.
- Our team is known for standing up to powerful corporations and insurance companies—and winning.
- We’re recognized for our compassionate support and honest, straightforward guidance during times of grief.
- Clients trust our reputation for aggressive advocacy and unwavering commitment to justice.
- Our legal team is available 24/7 to provide responsive help when families need it most.
If you need help, call today to schedule your free consultation with a St. Petersburg personal injury attorney.
How Does Florida Define Wrongful Death?
Florida’s Wrongful Death Act defines a wrongful death as:
- The death of a person “caused by the wrongful act, negligence, default, or breach of contract or warranty of any person,” where
- “The event would have entitled the person injured to maintain an action and recover damages if death had not ensued.”
Put another way, a wrongful death is a death caused by another party’s negligence or wrongful actions
where, if the victim hadn’t died, they’d have the right to file a personal injury lawsuit for damages.
Under Florida law, the right to sue isn’t lost just because an accident or act of violence is fatal. Instead, it transfers from the deceased (the person who is killed) to another party. The transfer ensures that the at-fault party is held accountable for their actions and that damages arising from the accident and death can be compensated appropriately.
Who Files a Wrongful Death Lawsuit in Florida?
Not just anyone can file a wrongful death lawsuit in the state of Florida. Pursuant to Florida Statute Section 768.20, only the personal representative of the decedent’s estate has this right.
The personal representative is either named in the decedent’s will or appointed by a court. Most often, it’s a spouse, a blood relative, or a trusted friend.
The personal representative files the claim on behalf of the decedent’s surviving heirs, including the spouse, children, and/or parents, depending on the situation.
What Is a Survival Action?
A separate, but related, claim known as a survival action can also be filed by the personal representative in some situations to benefit the decedent’s estate. Unlike a wrongful death lawsuit, which is designed to compensate the decedent’s heirs, a survival action compensates the victim’s estate for damages the victim personally experienced before they died.
There is a requirement that the victim survived their injuries for some time before passing.
Fighting for Grieving Families in All Types of Wrongful Death Cases in St. Petersburg
At Winters & Yonker Personal Injury Lawyers, we are fierce and unwavering advocates for families who’ve experienced the sudden and tragic death of family members as a result of:
- Car accidents
- Truck accidents
- Boating accidents
- Maritime accidents
- Bicycle accidents
- Pedestrian accidents
- Train accidents
- Bus accidents
- RV accidents
- Slip and fall accidents
- Dog bites
- Premises liability
- Negligent security
- Assault and sexual assault
- Defective products
- Medical malpractice
- Nursing home abuse
- Birth injuries
- Workplace accidents
- Construction accidents
- Aviation accidents
When you’ve suffered the death of a family member because of an avoidable accident in St. Petersburg, it’s our aggressive and caring attorneys you’ll want fighting for you. Contact our legal team today to schedule a free case review.
We’re here to listen to your story, offer insight on your legal options, answer your questions, and help you figure out how to move forward.
How Much Is My Wrongful Death Case Worth?
A lot goes into calculating the amount that can be paid in a wrongful death settlement or jury award. In reality, it largely depends on factors specific to each individual case.
Important considerations can include:
- The decedent’s income and earning capacity before their death
- The financial support surviving family members received from the decedent
- The decedent’s non-financial contributions to the household, such as raising children or taking care of a disabled family member
- The decedent’s life expectancy before they died
- Medical bills incurred before the decedent passed away
- Costs related to the victim’s funeral and burial/cremation
- The nature and closeness of the relationship between the decedent and their surviving family members
Knowledge is power, especially when you’re going up against a powerful insurance company. The adjuster will do anything to get you to accept a lowball settlement. When you know what your damages are worth, you’ll be empowered to make the best possible decision about how to move forward during negotiations.
You’ll know if an offer is fair or an attempt to get you to leave a substantial sum on the negotiating table. Working with Winters & Yonker Personal Injury Lawyers can help you get the information necessary to maximize your recovery.
What Damages Can I Get if I Win My Florida Wrongful Death Case?
In Florida, both economic damages and non-economic damages can be paid in a wrongful death lawsuit.
Families can often receive compensation for:
- Lost wages, job benefits, and business interests
- Lost value of inheritance
- Lost value of household support and services
- Loss of parental guidance, counsel, and training
- Loss of spousal care, compassion, and relations
- Emotional pain and suffering
- Medical bills
- Funeral expenses
If a victim’s death is caused by a party’s intentionally harmful actions or gross negligence, a Pinellas County jury might also decide that punitive damages are warranted. Punitive damages are awarded solely to punish the defendant for their reprehensible and unforgivable actions.
How Can Contributory Fault Affect a Wrongful Death Settlement in Florida?
Florida’s modified comparative negligence doctrine can apply to wrongful death cases. When there’s proof that the decedent shared fault for their fatal injuries, the defense can argue that damages should be adjusted to reflect the role they played in their own death.
Damages are reduced proportionately to shared fault up to 50 percent. Once a decedent’s liability is greater than half, the family typically loses the ability to recover compensation through a civil personal injury lawsuit.
What Will It Cost To Hire an Attorney To Handle My Wrongful Death Case?
Because we work on a contingency fee basis, it won’t cost a thing to hire our wrongful death attorneys in St. Petersburg, FL, until we’ve won your legal claim for damages.
Only when we obtain a settlement agreement or win a verdict for your family at trial are we paid for our hard work and dedication. In these situations, our attorney fees come directly out of the compensation we win for your family. Typically, you can expect to pay between 30 and 40 percent of your gross recovery.
If we don’t win your wrongful death case, you’ll pay nothing.
How Long Do I Have To File a Wrongful Death Lawsuit in Florida?
In Florida, you have two years to file a wrongful death lawsuit. Since death isn’t always instantaneous, the statute of limitations doesn’t always line up with the date a person suffers their ultimately fatal wounds.
Instead, the statute of limitations begins to run on the date they pass away. You have to file your wrongful death lawsuit before the statute of limitations runs out. Once time expires, your family will forfeit the ability to get compensation for your loss and suffering.
Schedule a Free Consultation With an Experienced St. Petersburg Wrongful Death Lawyer
Don’t let the person who caused your loved one’s tragic death off the hook without consequence. Force them to take accountability for the devastation they’ve caused by hiring The Aggressive Attorneys at Winters & Yonker Personal Injury Lawyers.
Our St. Petersburg wrongful death lawyers are top-rated advocates with a multi-million-dollar track record of success. We’ll fight for your family as if it were our own, never giving up until you’ve been made whole.
Contact our St. Petersburg, FL, law office today to learn more. There’s no charge for an initial case review.