Wrongful Death Attorneys in Clearwater

Ready to Fight for Your Family During This Difficult Time

Losing a loved one is unbearable enough on its own. On top of that unimaginable loss, many families soon experience financial hardships that threaten their financial stability. If someone else was responsible for your loss, they should also be held responsible for the financial burden. You may be entitled to compensation for medical bills, funeral expenses, and your family’s pain and suffering. A Clearwater wrongful death lawyer at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers can help your family fight for justice.

Since 1955, our attorneys have been providing high-quality legal representation to grieving families–and we’ve secured more than $500 million in compensation for those clients.

We offer a free consultation, so there’s no risk in asking for help. If you’ve recently lost a loved one, contact Clearwater wrongful death attorneys to schedule a free consultation today at (727) 591-3354.

We Handle All Types of Wrongful Death Cases

Our legal team at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers have experience handling all types of wrongful death cases, including cases involving:

You may have grounds for a wrongful death lawsuit if your loved one was killed because of someone else’s negligence. If you’re struggling after the unexpected death of a loved one, reach out to our law firm to schedule a free case evaluation today.

How Do I Prove Negligence After a Fatal Accident in Florida?

You might not know exactly how your loved one was killed. Even if you were present at the scene of the accident, tragic accidents happen quickly. Our Board Certified civil trial lawyers can help you prove whether someone else’s mistake caused your loss.

The vast majority of wrongful death cases are based on negligence. Even if someone didn’t intend to hurt anyone, they can be held financially accountable for their careless actions.

Negligence means that a third party:

Owed your loved one a legal duty of care
Breached that duty, and
The breach caused the accident and the victim’s damages.

Our lawyers have been handling wrongful death claims for decades. We’ll launch an exhaustive investigation to find out what happened.

That means our legal team will:

Analyze all medical records and police reports
Interview witnesses
Locate video surveillance footage and photos of the accident scene
Work with accident reconstruction specialists
Locate any records of safety violations and other relevant reports

If you’re wondering whether you have a case, don’t hesitate to reach out for legal advice. Our Clearwater wrongful death lawyers would be happy to review your case for free and help you understand your legal options.

How Common Are Fatal Accidents?

Floridians are killed in tragic accidents on a daily basis. Often, those accidents are caused by third parties. Many of those fatal accidents involve motor vehicles.

For example, in 2020, the Florida Department of Highway Safety and Motor Vehicles reported:

3,338 motor vehicle accident deaths
516 motorcycle accident fatalities
162 bicyclist fatalities
264 hit-and-run accident fatalities

327 fatalities occurred in Hillsborough County and Pinellas County.

Those statistics only account for motor vehicle accident deaths. Another 306 Florida workers were killed in fatal work accidents during 2019. Hundreds more are killed in fall accidents every year.

Overview of Wrongful Death Laws

Under Florida law, a wrongful death occurs when someone is killed because of another person’s actions. The Florida Wrongful Death Act provides surviving family members with the right to sue for damages if a third party’s wrongful act, negligence, default, or breach of contract or warranty caused your loved one’s death.

In other words, the surviving family can file a wrongful death lawsuit if the deceased person would have been entitled to file a personal injury lawsuit for damages.

Wrongful death lawsuits are different from criminal murder or homicide cases. A wrongful death lawsuit is a civil matter. It’s designed to provide survivors with financial compensation, not to punish defendants for their actions.

Who Is Eligible to Sue for Damages Under Florida Wrongful Death Laws?

Only the parties listed in the Florida law are entitled to recover damages for wrongful death. The victim’s personal representative files the lawsuit on behalf of those survivors.

Florida state law defines “survivors” to include:

Surviving spouses
Children, both biological and adoptive
Parents

Adoptive siblings and other blood relatives who are financially dependent upon the victim are also entitled to share in a wrongful death compensation award.

What Types of Damages Are Available in a Wrongful Death Lawsuit?

Survivors are entitled to a broad range of damages in Florida. Like a motor vehicle accident case, you’re entitled to damages to cover the victim’s medical bills, lost wages, and other expenses incurred from the date of the accident until the date of death.

Surviving family members are also entitled to recover compensation for:

The value of lost support and services from the date of injury to the date of death
The value of future lost financial support and services
Loss of companionship and protection
Mental pain and suffering
Loss of parental instruction and guidance
Funeral expenses
Loss of prospective net accumulations or inheritance

At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we know that money can’t bring your loved one back. It can help you protect your financial security going forward. That’s an important task, and we’ll fight to make sure you’re compensated to the fullest extent allowed under the law.

What Is My Wrongful Death Case Worth?

Putting a price tag on a life might seem impossible.

Courts and insurance companies, however, consider a number of different factors in calculating the value of your claim, including:

Your loved one’s pain and suffering
The victim’s age, life expectancy, and earning capacity
The age of surviving dependents
The cost of your loved one’s medical treatment
Your family’s emotional trauma

Our Clearwater wrongful death attorneys have relationships with trusted experts and specialists who can help assess the fair value of your injury claim. Before accepting any settlement, call to speak with an experienced wrongful death attorney who can help you understand what your case is really worth.

Can I Recover Damages If My Loved One is Accused of Causing a Fatal Accident?

Unfortunately, insurance companies often try to blame victims who were killed in an accident. Sometimes those claims are legitimate. Other times they aren’t. In either case, you may be able to recover damages even if your loved one’s negligence also contributed to the accident.

Florida is a modified comparative fault state with a 51% bar to recovery. All parties to an accident are held liable for their proportionate share of the blame. As long as someone else was mostly responsible, you can recover damages.

However, your damages award will be reduced if the insurance company can prove that your loved one was partly responsible. If 30% of the fault is allocated to your loved one, your settlement or verdict will be reduced by 30%. But if 51% or more of the fault is allocated, you will be barred from recovering damages under Florida law.

If someone is trying to blame your loved one, don’t hesitate to call Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers for a free case evaluation. Your loved one isn’t here to tell their side of the story. Our Clearwater wrongful death attorneys can find any evidence that would minimize their role in the accident.

How Long Do I Have to File a Wrongful Death Lawsuit After a Fatal Accident in Florida?

You don’t have an unlimited amount of time to take legal action. The statute of limitations only gives grieving families two years to file a wrongful death lawsuit. The two-year period begins on the date of death.

Missing the deadline has serious repercussions. You’ll lose your right to sue for damages if you wait too long. Our lawyers can take action to preserve your right to compensation while you grieve.

How Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers Can Help With Your Wrongful Death Claim

Our personal injury lawyers have the experience and resources to fight for the money you need and deserve.

When you hire Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, our lawyers will:

Launch an investigation into the circumstances surrounding your loved one’s death
Identify all responsible parties
Demand fair compensation from everyone involved in the accident
Hire experts to strengthen your claim
Negotiate with the insurance companies to maximize your financial recovery

We have over 66 years of experience representing clients in situations similar to yours. Our Clearwater wrongful death attorneys are passionate about helping victims get justice. To learn more about how we can help you fight to recover the fair compensation you deserve, call for a free case review today.

Have you lost a family member in a fatal accident? Call a Clearwater wrongful death lawyer at (727) 591-3354 to schedule a free consultation today.

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At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we're always ready to take your call! Give us a call at (727) 591-3354 or fill out the form below to contact one of our team members.

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Favorable Outcome Car Accident
Mark H. Perenich filed a wrongful death lawsuit in DeFuniak Springs, Florida, after a husband and father was killed when a moving van ran into his family’s car. The wrongful-death case was filed in Pensacola on behalf of the estate and for the benefit of the mother and two children.
Favorable Outcome Car Accident
A teenager’s reckless joyride resulted in a lifetime of pain and limitation for a client. While the teenager was showing off for friends, he lost control of his vehicle and caused a head-on collision with the client’s vehicle.
$2,000,000 Legal Malpractice Settlement
A medical malpractice case also became a legal malpractice case when an attorney failed to file suit within the appropriate time period for these type of claims. As a result, the client’s statute of limitations ran out, and she was unable to receive compensation for her suffering and losses.
$1,000,000 Medical Malpractice
A 40-year old-man was admitted to the emergency room of a local hospital after experiencing chest pains and heart problems. An x-ray was taken, but never read, and the father of two was left alone for the next 5 to 7 hours. During this time, he went into cardiac arrest and died after being transferred to another hospital.
$8,250,000 Medical Malpractice
A medical doctor and mother of two bled to death following a laparoscopic appendectomy. Her husband, also a medical doctor, filed a suit against the surgeon and the hospital for his wife’s wrongful death.

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