Experienced St. Petersburg wrongful death attorneys helping families get the justice and compensation they deserve after the loss of a loved one due to negligence

Losing a loved one is one of life’s most painful experiences, and that pain is only magnified when the loss is due to someone else’s negligence. Whether it’s from a car accident, medical malpractice, a slip and fall, or any other preventable incident, wrongful death leaves families reeling with grief, unanswered questions, and a deep sense of injustice.

At Palmer Lopez, we understand the emotional and financial toll this takes on a family. Our experienced wrongful death attorneys in St. Petersburg are here to help you seek justice, hold those responsible accountable, and secure the compensation needed to support your family during this difficult time. 

What is considered a wrongful death in Florida?

In Florida, a wrongful death occurs when someone dies as a direct result of the negligence, recklessness, or intentional misconduct of another person or entity. In such cases, surviving family members or the deceased’s estate can file a lawsuit to seek compensation for their loss. 

Wrongful death claims cover a wide range of situations, including:

To qualify as a wrongful death, it must be proven that the responsible party had a duty of care to the deceased (meaning they had a responsibility to act in a reasonably safe manner), they breached that duty through negligence or intentional acts, and their breach directly caused the fatality.

How does a wrongful death settlement work?

In a wrongful death case, a settlement involves financial compensation paid by the responsible party (or their insurer) to the deceased’s eligible family members. This is how the process generally works:

1. Establish liability. First, the deceased’s family or estate representative must establish that another party’s negligence, recklessness, or intentional wrongdoing caused the death. This could involve a car accident, medical malpractice, or other situations where a duty of care was breached.
2. Damage calculations. The amount of the settlement is based on damages, which often include medical and funeral expenses, lost income the deceased would have earned, loss of companionship, and mental pain and suffering. Calculating these damages is a complex process, as you will need to factor in both financial and emotional losses.
3. Negotiation process. The attorneys representing the family will negotiate with the liable party’s insurer to reach a fair settlement. If the parties cannot agree, the case may go to trial, though many wrongful death cases are resolved through settlement negotiations.
4. Distribution of proceeds. Once a settlement is reached, it’s distributed among eligible family members according to state laws and the wrongful death statute. The estate representative (often appointed by the family or court) will oversee the distribution.
5. Legal and court approval. In some cases, court approval may be needed, especially if minors are involved or if the settlement terms require oversight. An experienced attorney can ensure that all legal steps are followed and protect the rights of each eligible family member.

Who can file a wrongful death lawsuit in Florida?

In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased’s estate. This personal representative is responsible for bringing the claim on behalf of eligible family members—including spouses, children, parents, and other financially dependent relatives (including adoptive siblings)—seeking compensation for the family’s losses and the estate’s expenses. 

Typically, the surviving spouse is appointed as the personal representative unless the decedent specified otherwise in their will. If there is no surviving spouse, the decedent’s heirs can select a representative, or the court will appoint one if necessary. 

Throughout this process, having an attorney is essential to help ensure fair compensation, guide the family through the complex legal aspects, and prevent any challenges or delays in distribution.

How are wrongful death proceeds divided in Florida?

In Florida, wrongful death proceeds are divided among the surviving family members and the decedent’s estate based on specific eligibility criteria under Florida’s wrongful death statute. Generally, proceeds are distributed as follows:

1. Spouses and minor children. The surviving spouse and minor children (under 25) are typically prioritized. The spouse may receive compensation for loss of companionship and support, as well as emotional pain and suffering. Minor children may also be awarded damages for loss of parental companionship, guidance, and emotional pain and suffering.
2. Dependent adult children. Adult children (25 and older) can receive damages if there is no surviving spouse and the court finds that they were financially dependent on the deceased.
3. Parents. Parents of a deceased minor child can recover damages for emotional pain and suffering, while parents of an adult child may recover these damages if there are no other survivors, like a spouse or children.
4. Other dependents. Financially dependent relatives may also be entitled to compensation if they relied on the deceased for support.
5. Estate claims. The decedent’s estate may also receive a portion of the proceeds to cover expenses, such as medical bills incurred before death, funeral costs, and lost earnings that would have been saved as part of the estate.

Dividing wrongful death proceeds fairly and in accordance with the law can be complex. It’s highly recommended that you work with an attorney who can help you navigate the distribution process and ensure that all eligible parties receive fair compensation.

Is there a cap on wrongful death damages in Florida?

As of 2023, Florida has no cap on the economic and non-economic damages that can be awarded in wrongful death cases. This means that the compensation survivors can receive is not subject to a predetermined limit and is instead based on the specifics of each case.

Are wrongful death settlements taxable in Florida?

No. In Florida, wrongful death settlements are generally not subject to federal or state income taxes. These damages are considered compensation for personal physical injuries or sickness and are therefore excluded from taxable income under federal law.

Get the support you need from our dedicated St. Petersburg wrongful death attorneys

If you’re navigating the loss of a loved one due to someone else’s negligence, you don’t have to face this challenging time alone. At Palmer Lopez, our compassionate team is here to provide the legal support and guidance you need every step of the way. When you reach out to us, we’ll take the time to listen to your story, answer your questions, and thoroughly explain your options. 

Our experienced St. Petersburg personal injury attorneys can handle all the details, from gathering crucial evidence to negotiating with insurance companies, allowing you the space and time to focus on healing. We understand that no amount of compensation can truly make up for your loss, but we’re dedicated to achieving justice for your loved one and securing the financial relief you deserve. 

Contact Palmer Lopez today to schedule a free confidential consultation, and let us be your advocate during this difficult time.