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 $675 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.
What is Wrongful Death?
A wrongful death occurs when a person loses their life due to another party’s negligent, reckless, or intentional conduct. Under Florida law, surviving family members may have the right to pursue compensation through a civil lawsuit.
Wrongful death claims commonly arise from situations such as:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Trucking accidents
- Bus accidents
- Aviation accidents
- Boating and jet ski accidents
- Construction accidents
- Workplace accidents
- Slip and fall accidents
- Premises liability
- Dog bites and animal attacks
- Defective products
- Medical malpractice
- Assault and violence
Florida Wrongful Death Laws
Florida’s laws regarding wrongful death are complex and governed specifically by the Florida Wrongful Death Act (Sections 768.16 – 768.26, Florida Statutes). This act outlines the legislative intent to shift the losses resulting from a death from the survivors to the wrongdoer.
You typically have only two years from the date of the death to file a lawsuit in the state. Failing to file within this window often means losing your legal right to seek compensation forever. While two years may seem like a long time, building a robust case—collecting evidence, interviewing experts, and filing paperwork—requires immediate action.
At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we stay ahead of these deadlines, ensuring that every legal requirement is met with precision and care.
Who Can File a Wrongful Death Lawsuit?
Florida law is very specific about who is permitted to initiate a wrongful death claim. Unlike some states where any close relative can file, Florida requires that a personal representative (executor) of the deceased person’s estate file the lawsuit. This individual is usually named in the deceased’s will or appointed by a court.
While the personal representative files the suit, they do so on behalf of the estate and the "survivors." Under Florida law, survivors who may recover damages include:
- The surviving spouse
- The children of the deceased (with specific rules regarding adult children)
- The parents of the deceased
Other blood relatives or adopted siblings who were "partly or wholly dependent on the decedent for support or services."
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.
Compensation for Wrongful Death
The purpose of a wrongful death claim is to compensate the survivors and the estate for the immense losses they have suffered. These "damages" are categorized into two main types:
Damages Recoverable by Survivors
- Loss of Support and Services: Compensation for the value of the financial support and physical help the deceased would have provided.
- Loss of Companionship and Protection: This addresses the emotional void left by the loss of a spouse.
- Mental and Emotional Pain and Suffering: For surviving spouses, children, and parents.
- Loss of Parental Guidance: For surviving children who have lost the instruction and companionship of a parent.
We treat you like family.
If you can’t come to us, we’ll come to you.
Representing Accident Victims in Tampa Bay since 1955
-
“Friendly knowledgeable and kept me informed about my case. Any offer, bill or question was readily answered. Would definitely recommend and refer people to Bryan Caulfield and his team!!”- Betty B.
-
“Mrs Bryant works her butt off to make sure you get what is do to you in medical and beyond! They won’t take your case if they don’t feel you haven’t been wronged.”- Christine R.
-
“Working with Mark Perenich on my auto injury case was an absolute game-changer. From the very beginning, he brought a level of professionalism, expertise, and care that immediately put us at ease.”- Kerry B.
-
“Lorrie and Allyson are phenomenal. I highly recommend them to anyone. It seemed like a never ending journey but I can’t thank them enough for diligently fighting my case with the greatest integrity, support and prayers.”- Former Client
-
“Allyson has been so helpful with navigating the disability process for my husband!”- Kaitlyn S.
-
“It honestly couldn’t have gone better. Pretty much perfect.”- Andreas B.
-
“From the first day we met this law group I felt very comfortable and knew we would be well taken care of. This was our first experience filing for SSD, and was not disappointed. The lawyers are awesome and very professional.”- Shari J.
-
“Very nice they worked with you. Never ignored me with my case. Always on top to work with you. Thank you so much for all that you have done to help me! Very highly recommend.”- Margarita O.
-
“My appointed attorney was Jacqueline, Bryant. She is very compassionate about her client and work. When it comes to negotiation, she's a Beast and she gets the job done.”- Alaina J.
We’ve been proudly serving Clearwater, St. Petersburg, and the Tampa Bay area for generations. As the first personal injury law firm in Clearwater, our dedicated legal team brings over 300 years of combined experience to each and every case. If you’ve been injured and need support, please reach outtoday for a free consultation, we are here to help you.
