St. Petersburg Wrongful Death Lawyer

It’s important to act quickly. Florida imposes a two-year statute of limitations from the date of death to file a wrongful death claim. Failing to file within this period could mean forfeiting your right to compensation.

Proving Liability in a Wrongful Death Lawsuit in FL

To succeed in a wrongful death claim in Florida, you and your St. Petersburg wrongful death attorney must prove the following elements:

1. Duty of Care: You must show that the defendant owed a legal duty of care to the deceased. For example, drivers owe a duty to operate vehicles safely.
2. Breach of Duty: Next, you must prove that the defendant breached that duty. This could be through negligent actions, reckless behavior, or intentional harm.
3. Causation: It must be clear that the breach of duty directly caused the death. Medical records, accident reports, and expert testimony often help prove this link.
4. Damages: Finally, you must demonstrate that the death resulted in measurable losses—emotional, financial, and otherwise—suffered by the surviving family members or estate.

Each case is unique, and proving these elements can be complex. Having an experienced wrongful death lawyer can make a critical difference in building a strong case.

Compensation for Wrongful Death

Under Florida law, both the estate and the surviving family members may be entitled to compensation. This includes:

For Surviving Family Members:

• Loss of companionship and protection
• Mental pain and suffering
• Loss of parental guidance (for minor children)
• Loss of financial support and services previously provided by the deceased

For the Estate:

• Medical expenses related to the deceased’s final injury or illness
• Funeral and burial expenses
• Lost wages, benefits, and potential earnings the deceased would have provided
• Other costs incurred by the estate

At Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, we fight to ensure that all possible avenues of compensation are explored and pursued.

Survival Actions vs. Wrongful Death Claims

In some situations, both a wrongful death claim and a “survival action” may apply.

• Wrongful death claims compensate surviving family members for their losses.
• Survival actions allow the estate to recover damages the deceased could have pursued had they survived, such as medical expenses and lost wages between the time of injury and death.

Understanding the difference is important when calculating the full value of your case.

How Wrongful Death Settlements Are Distributed

Because wrongful death claims are filed through the estate’s personal representative, settlement funds are distributed according to Florida law. The court may approve how compensation is allocated among surviving family members.

Factors that may influence distribution include:

• The relationship to the deceased
• Financial dependency
• The type of damages awarded

Our team can guide your family through this process to ensure fairness and compliance with legal requirements.

Steps to Take After a Loved One’s Wrongful Death

If you suspect your loved one’s death was caused by negligence, taking the following steps may help protect your rights:

1. Obtain official reports (police, medical, or incident reports).
2. Preserve any evidence, such as photographs or communications.
3. Avoid giving recorded statements to insurance companies without legal guidance.
4. Consult with a St. Petersburg wrongful death lawyer as soon as possible.

Insurance companies often move quickly to limit their liability. Having legal representation early in the process can prevent costly mistakes.

FAQs About Wrongful Death Claims in St. Petersburg, FL

How long do I have to file a wrongful death lawsuit in Florida?

 In most cases, you have two years from the date of death to file. However, exceptions may apply, such as in cases involving government entities or criminal investigations. Speak with an attorney as soon as possible.

Do wrongful death settlements go through probate?

Some portions of a wrongful death settlement may go through probate if awarded to the estate. Damages awarded directly to surviving family members generally do not.

Can multiple family members receive compensation?

Yes. The court will allocate compensation among eligible family members based on their relationship to the deceased and the impact of the loss.

What if the deceased didn’t have a will?

A court-appointed personal representative can still file a wrongful death claim on behalf of the estate and surviving family members.

What happens if the defendant is also facing criminal charges?

Civil and criminal cases are separate. You may pursue a wrongful death claim regardless of whether criminal charges are filed or result in a conviction.

How has the 2026 legislation changed claims for unborn children?

As of July 1, 2026, Florida SB 164 officially expanded the Florida Wrongful Death Act to include "unborn children" at any stage of development. Previously, parents were often limited in the types of damages they could seek for a pregnancy loss caused by negligence. Now, parents have a clear statutory right to recover damages for mental pain and suffering and medical expenses regardless of gestational age, provided the death was not the result of lawful medical care.

What is the "Free Kill" law, and does it still exist in 2026?

The "Free Kill" law refers to a Florida statute that prevents adult children (ages 25+) and parents of adult children from recovering non-economic damages (pain and suffering) in cases of medical malpractice. While the Florida House passed HB 6003 in early 2026 to repeal this restriction, the law remains a point of heavy litigation and legislative debate. If your loved one died due to medical errors at a local facility like Bayfront Health or St. Anthony’s Hospital, we can analyze the current status of the law to see if an exception applies to your case.

Why a Board Certified Trial Firm Matters in a Wrongful Death Case

Wrongful death claims are among the most heavily contested cases in personal injury law, both because of the emotional stakes and because defendants and their insurers know these cases often carry higher settlement values. That's exactly why the credentials of your legal team matter.

Bryan D. Caulfield and Lorraine E. Robinson, attorneys at Perenich, Caulfield, Avril & Noyes Personal Injury Lawyers, are Board Certified in Civil Trial Law by The Florida Bar — a distinction earned by fewer than 2% of attorneys statewide, and one that requires demonstrated courtroom experience along with peer evaluation. Combined with a firm history that dates back to 1955 and more than $675 million recovered for clients, that certification tells defendants and insurers something important before a single settlement conversation begins: this firm is prepared to take a wrongful death case to trial if a fair resolution isn't offered.

Our team would be happy to sit down with you. Contact us today at (727) 591-3354 to schedule a free consultation with a St. Petersburg wrongful death attorney.