Wrongful Death

Personal Injury Attorney
St. Petersburg

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Wrongful Death Attorney in St. Petersburg

Any negligence claim which results in death could be the basis for a Wrongful Death claim. So, for example, an automobile, motorcycle, truck, scooter, boat, watercraft, or bicycle accident could be the basis for filing a Wrongful Death lawsuit. However, a premises liability claim, such as a Slip & Fall, could also contain the elements of a Wrongful Death claim or suit. In fact, any wrongful act, including negligence, breach of contract or warranty, or default, can support a Wrongful Death action under Florida law.

How Does a Wrongful Death Suit Work?

The Florida Wrongful Death statute, section 768.16 to 768.26, sets forth many of the elements of a wrongful death claim. A Wrongful Death suit is typically brought by the estate of a deceased person, and as such a probate action must ordinarily be initiated. A claim is often made against the insurance of the at-fault party. Survivors may recover the value of lost support and services, both past and future. A surviving spouse and minor children may recover damages for lost companionship, lost protection, and mental pain and suffering. Adult children may recover those damages as well under certain circumstances. Medical and funeral expenses can be recovered. The probate estate may recover for some additional types of damages.

Even more so than other personal injury claims, Wrongful Death claims can be extremely complicated and confusing. The laws concerning recovery are very detailed and burdensome. There are often multiple sources of insurance which may be available to sue and conduct settlement negotiations. Many times all sources of recovery will not be obvious to the untrained individual. Sources of settlements or other recovery can be completely missed by even an attorney who is unfamiliar with the process. Filing a Wrongful Death lawsuit is not for the inexperienced. David P. Folkenflik, P.A. is a Wrongful Death lawyer who has successfully represented many Wrongful Death claimants and has the skill and experience to handle both the Wrongful Death portion and the probate portion of the claim. You only pay a fee if you win a recovery. If you need a St. Petersburg Wrongful Death attorney, contact us today for a free consultation today.

The information contained herein does not constitute legal advice as that can only be given by a direct consultation with the attorney after having reviewed your entire matter and relevant documentation. Actual terms and conditions of representation will be contained in the Representation Agreement.