Wrongful Death

St. Petersburg Wrongful Death Lawyer

Diligent & Aggressive Representation for Families Surviving Wrongful Deaths

The death of a loved one is one of life’s most difficult experiences. Those left behind must face the future without the love, comfort, and support of the one who has passed away. In the case of those who lose a loved one in a wrongful death, the experience can be even more traumatic. Your loved one has been taken from you unexpectedly, without reason or preparation, which can lead to shock as well as consuming grief and loss. When this happens due to the negligence, recklessness, or malice of another party or parties, you deserve a measure of closure and justice through a wrongful death claim.

At Weston Smith Law, we offer focused and dedicated legal help to those who have experienced the psychological, emotional, and financial loss of a loved one through a wrongful death. Under Florida law, you have certain rights that allow you to bring a civil lawsuit against the wrongdoer(s) seeking damages. These can be complex proceedings but our St. Petersburg wrongful death attorney has the experience, legal skills, and resources necessary to provide competent and compassionate legal representation at such a difficult time. Aside from his extensive and invaluable trial experience, Attorney Weston Smith has been recognized by his peers for his outstanding professionalism with the highest rating of AV Preeminent® from Martindale-Hubbell®.

Weston Smith Law is available online or at (727) 312-1264. Contact us to book your free consultation about your wrongful death case.

The Mechanics of a Florida Wrongful Death Claim

Under Florida law, a wrongful death lawsuit may be initiated when an individual’s death “is caused by a wrongful act, negligence, default, or breach of contract.” For example, wrongful deaths can occur through the negligence of a driver in a traffic accident, through medical malpractice, birth injuries, workplace accidents, defective or dangerous consumer products, or through negligent security on the part of a property owner leading to a fatal criminal attack. These are cases where, if the victim had survived, he or she would have been able to bring a personal injury lawsuit against the at-fault party.

In these cases, the law allows the personal representative of the deceased individual’s estate to initiate a wrongful death claim on behalf of the estate and the surviving family.

In such claims, the deceased person’s family survivors who may be eligible to receive damages from the legal process can include:

  • Spouses
  • Children
  • Parents
  • Blood relatives or adoptive brothers and sisters who were dependent for support or services

Under Florida law, wrongful death claims are subject to a statute of limitations which limits the timeframe for filing. In our state, the general rule is that you must file your wrongful death lawsuit within two years of the date that the family member died. If you fail to do so, you generally forfeit your right to damages.

Damages Available in a Wrongful Death Claim

Florida law outlines the types of damages available to surviving family members. These can include damages for the loss of companionship, protection, and guidance, damages in terms of medical expenses and funeral expenses incurred, as well as damages equating to the support or services lost from the deceased person’s death as well as emotional pain and suffering experienced. The deceased person’s estate may recover damages as well, such as those representing lost wages as well as the value of earnings that the estate would have amassed if the person had lived.

Talk to Us About Your Potential Case

If you have lost a loved one in a wrongful death, you can turn to Weston Smith Law. We understand the emotional and financial hardships you have faced and may continue to face in having lost a family member. We can review your circumstances to determine your legal options and should a wrongful death claim be filed on your behalf, we will pursue your legal right to damages with zealous advocacy.

Let us help you with legal assistance in the wake of a wrongful death. Contact us at (727) 312-1264 as soon as possible to get started.

Getting You The Compensation You Deserve

  • Medical Malpractice $5 Million
  • Medical Malpractice $2.1 Million
  • Medical Malpractice $1.9 Million
  • Auto Accident $900,000
  • Medical Malpractice $850,000
  • Medical Malpractice $825,000
  • Medical Malpractice $800,000
  • Medical Malpractice $800,000
  • Medical Malpractice $600,000
  • Medical Malpractice $575,000
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