St. Petersburg · Pinellas County
St. Petersburg wrongful death lawyer.
This is the hardest kind of call to make. Take your time. When you are ready, a real person will read what you send and respond with care.
Kovar Law Group · St. Petersburg, Florida · 727-827-7777
Who can file a wrongful death claim in Florida?
Under the Florida Wrongful Death Act, the claim is brought by the personal representative of the deceased person's estate, on behalf of the surviving family members and the estate. That usually means opening a probate estate first and having a representative appointed. Which survivors may recover, and for what, is defined by the statute.
What damages can survivors recover?
Depending on the relationship, Florida law addresses lost support and services, loss of companionship and protection for a surviving spouse, loss of parental companionship and mental pain for certain children, mental pain and suffering for parents in defined circumstances, plus medical and funeral expenses and the estate's lost earnings. Some categories are limited by statute, particularly in medical malpractice cases.
How long does a family have to bring a claim?
Florida sets a specific deadline for wrongful death actions measured from the date of death, and shorter notice rules apply when a government entity or a medical provider is involved. Because a personal representative usually has to be appointed first, the practical timeline is tighter than the deadline suggests. Getting the date confirmed early protects the family's options.
Should we speak to the insurance company first?
Insurers often reach out quickly, sometimes with paperwork or an early offer, before the family knows the full picture of coverage or losses. You are not required to give a recorded statement or sign a release. It is reasonable to let someone review the situation before anything is signed.
What does it cost the family?
These cases are typically handled on a contingency fee, so there is no attorney fee up front and the fee comes out of any recovery. Florida Bar rules regulate contingency percentages, and the rate plus how case costs are handled must be set out in a written fee agreement. The initial case review is free.
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