Clearwater Wrongful Death Lawyer

Losing a loved one unexpectedly is a tragic loss that brings many unknowns about the future. When another person was negligent and responsible for the death, you can seek justice by filing a wrongful death claim with assistance from our caring and compassionate Clearwater wrongful death lawyers.

Jack Bernstein, Injury Attorneys, has been helping victims secure maximum compensation for over 40 years through free consultations and a contingency-fee structure.

Why Choose Jack Bernstein, Injury Attorneys, for Your Clearwater Wrongful Death Case?

Our Clearwater wrongful death law firm understands the difficult time you face after the unexpected loss of a loved one. We provide compassion, support, guidance, and empathy to help ensure you receive the compensation you deserve.

While no amount of money can replace the loss of life, we will aggressively pursue monetary damages and the maximum amount allowed under Florida law. Other reasons to consider hiring us to handle your wrongful death case include:

• Our wrongful death lawyers manage all aspects of the case, alleviating the added pressure and stress of filing a claim, allowing you to grieve your loss.
• We have over four decades of experience in wrongful death cases.
• We are locally based with knowledge of Clearwater and Pinellas County courts and judges.
• Our firm’s resources consist of six attorneys and 40 legal and support staff.
• All of our Clearwater wrongful death attorneys have actual trial and litigation experience.
• We have a proven track record of successful wrongful death cases, including multi-million-dollar settlements, such as $3 million for vehicular death and $1 million for medical malpractice death.
• Our experienced wrongful death attorneys have access to substantial financial resources, enabling us to invest any amount to secure maximum recovery for your loss.

What Is Wrongful Death Under Florida Law?

Florida’s Wrongful Death Act is defined by Florida Statutes 768.16 through 768.26. More specifically, wrongful death, according to Statute 768.19, is defined as:

• The death of an individual caused by a wrongful act, negligence, defect, or breach of contract or warranty of any person.
• The event would have entitled the decedent to recover damages if their death had not occurred from someone else’s negligence.

Essentially, what this means is that if another’s actions involve negligence, recklessness, or intentional misconduct, and another person dies, then they have committed wrongful death. The wrongful death refers to the unexpected loss of life. It can be applied to a civil wrongful death lawsuit and a criminal case. However, it is vital to stress that these are two completely independent legal actions.

In order to seek justice and obtain financial compensation for surviving family members and the death of your loved one, Florida law requires you to initiate a wrongful death civil lawsuit against the negligent party, regardless of any potential criminal charges they are facing.

Who Can File a Wrongful Death Claim in Clearwater?

Florida law only allows the personal representative of the deceased person’s estate to file a wrongful death claim. A personal representative could be named as an executor of the estate, a wrongful death lawyer, an individual appointed by the court if there is no will, or any other representative acting on behalf of the surviving family members.

Generally, a wrongful death attorney in Clearwater will be the one to file the wrongful death lawsuit. The representative is required to list all surviving family members with an interest in the claim in the complaint, including:

• The surviving spouse.
• The decedent’s children, both biological and adopted (minor children under the age of 25).
• The decedent’s adult children (if there was no surviving spouse).
• The decedent’s parents (if there were no surviving spouse or children).
• Other blood relatives that the decedent provided financial support for.

In addition to the above requirements, if there are surviving children who were born out of wedlock, they can sue for wrongful death for a family member’s death when:

• The deceased was their mother, and there is no surviving spouse.
• The deceased was their mother, and they are still considered minor children.
• The deceased was their father, and he had formally recognized financial responsibility for the children.

What Are the Causes of Wrongful Death in Clearwater?

The causes of wrongful death cases typically arise from preventable accidents that cause life-threatening injuries. These cases also involve negligence by the responsible party that resulted in the accident and the unfortunate and tragic death of another.

Car Accidents

Car accidents are one of the top causes of fatalities in Clearwater and Pinellas County. In 2024, there were 110 fatalities for all crashes in the county. Most crash-related fatalities occur from distracted driving, speeding, driving under the influence, and reckless/aggressive driving.

Truck and Motorcycle Accidents

Another common cause of death is truck and motorcycle accidents. Large commercial trucks provide little protection to motorists and usually result in fatalities. Motorcycles are equally at risk from all other vehicles on the road and have no protection, other than a helmet, if one is worn.

Pedestrian and Bicycle Accidents

There were 31 pedestrian fatalities and 14 bicycle fatalities in 2024 in Pinellas County. These fatalities are commonly caused by distracted drivers, speeders, drivers who fail to yield to the right-of-way, and motorists who do not share the road with bicyclists. A large number of accidents in Clearwater occur at marked crosswalks.

Boating Accidents

Clearwater and Pinellas County have their fair share of boating accidents and are ranked fourth in the state for the most boat accidents. In 2024, there were 42 boating accidents, resulting in 14 injuries and six deaths. The majority of crashes result from collisions with fixed objects and other vessels. 

Medical Malpractice

Wrongful death can occur in the healthcare setting when there are surgical errors, misdiagnoses, and medication mistakes. Hospitals and healthcare providers can be held responsible when they are negligent and fail to provide a reasonable duty of care.

Slip-And-Fall Accidents

While it can seem rare that slip-and-fall accidents would cause accidental death, it does occur. In Clearwater, there is a large senior population. So, when there are hazardous and dangerous premises and no warnings, the elderly can be seriously injured and die. Other people can also die from unsafe property conditions. For example, slipping and falling down a parking garage stairwell when the handrails are broken, or there is poor lighting.

Workplace Accidents

Accidents in the workplace sometimes result in a loss of life. These accidents are common in the construction industry, industrial settings, and chemical manufacturing facilities. They are usually the result of a safety issue, such as:

• Improper maintenance
• Lack of training
• Failure to provide safety equipment/gear
• Safety equipment/gear failure
• Improper storage of hazardous materials

Defective Products

When a product fails to perform as expected, the manufacturer can be held liable for wrongful death claims under product liability laws. Wrongful death could occur from design flaws, manufacturing defects, and equipment failures.

Nursing Home Abuse and Neglect

Pinellas County has several nursing homes that provide care for the elderly. When the facility and staff abuse and neglect residents, and they die, they can be held responsible. These types of wrongful death claims are usually related to physical abuse and substandard care.

What Are the Types of Damages in a Wrongful Death Case?

The types of damages in a wrongful death case are slightly different from other personal injury cases. While they include economic and non-economic damages, they are divided between survivor damages and estate damages.

Survivor damages are compensation for losses experienced by the surviving family members. Estate damages are compensation for losses experienced by the decedent before their death and are paid to their estate.

Economic Damages Available to Survivors and the Estate

• Medical expenses incurred before death.
• Loss of earnings before death.
• Funeral and burial costs and related funeral expenses.
• Loss of financial support, including lost wages, future income, and child support.
• Loss of benefits.
• Lost services and household services.
• Loss of accumulated estate value.

Non-Economic Damages for Surviving Family Members

• Loss of companionship and consortium for the surviving spouse.
• Loss of parental guidance, protection, and support.
• Loss of love and affection.
• Mental pain and suffering.
• Emotional pain.
• Grief and anguish from a loved one’s death.

Punitive Damages

Florida wrongful death cases could include punitive damages in certain situations. Punitive damages are awarded when the defendant’s actions are deemed grossly negligent, reckless, malicious, or intentional. While the surviving family members receive monetary compensation for their loved one’s passing, punitive damages are meant to punish the defendant.

If a case goes to trial, the jury determines fair compensation based on the specific circumstances and amount awarded. For punitive damages, the judge must first approve pursuing them, and the jury has the final decision whether to award them. 

How Much Is a Clearwater Wrongful Death Case Worth?

While no amount of money will replace the loss of life, the surviving family’s financial dependence and future financial uncertainty are entitled to reasonable compensation. The value of Clearwater wrongful death cases will vary and is based on several factors, including:

• Deceased’s age, earning potential, and life expectancy.
• The number and ages of surviving family members.
• The financial dependence on the deceased.
• The degree of negligence and recklessness caused by the defendant.
• Medical expenses and lost wages before death.
• Pain and suffering before death.
• Future impacts on the financial security of the surviving family.
• Strength of the evidence.

Your wrongful death lawyer will review your case and accurately assess the potential value of your claim.

The Wrongful Death Statute of Limitations in Florida

The statute of limitations in wrongful death lawsuits is two years from the date of the death. If you fail to file your claim within this time, Pinellas County courts will strictly uphold Florida law. Missing the deadline prevents you from taking legal action and seeking damages permanently.

It is in your best interest to pursue a claim as quickly as possible to preserve evidence, such as accident reports, medical records, and witness statements. Otherwise, you risk these being lost and the value of your claim being reduced.

There are also certain limited exceptions where the Florida statute of limitations is tolled (put on hold):

• Homicide (no time limit)
• Cases involving minors (tolled until they turn 18)
• Fraud and concealment
• Medical malpractice (discovery rule may apply)
• Mental incapacitation 

To ensure you protect your legal rights, it is recommended to consult with a Clearwater wrongful death attorney immediately.

Legal Process for a Wrongful Death Case in Clearwater

Clearwater wrongful death cases can be rather complex. A general overview of the legal process is provided below.

Free Consultation and Case Evaluation

• No cost, no obligation, initial free consultation and meeting with a Clearwater wrongful death lawyer.
• Review of facts and circumstances.
• Evaluation of legal merit.
• Discussion and valuation of potential damages.
• Review of contingency basis representation.
• Signing a representation agreement if you are hiring the wrongful death attorney.

Investigation and Evidence Gathering

Your attorney will conduct their own thorough investigation and gather evidence, along with any evidence you supply, including:

• Collecting and gathering evidence, such as police reports, accident reports, medical records, and witness statements.
• Reviewing the autopsy report and the medical examiner’s report.
• Consulting with expert witnesses, if needed.
• Consulting with an accident reconstructionist, if needed.
• Documenting all economic and non-economic damages.

Filing the Wrongful Death Lawsuit

Your lawyer acts as your personal representative, which is needed to file a wrongful death lawsuit in Pinellas County.

Your formal complaint will include:

• Naming all surviving family members entitled to compensation.
• Naming all liable parties (defendants).
• Filing all legal paperwork and documentation with the appropriate court.
• Ensuring all defendants, including their insurance companies, are served.

Discovery, Negotiation, and Settlement or Trial

Many wrongful death cases never even go to trial, even after a lawsuit has been filed. Generally, after the defendant has been served and responds to the complaint, the legal process involves:

• Discovery phase, where information and evidence are exchanged.
• Depositions and interrogatories.
• Settlement negotiation with the insurance company and the at-fault party.
• Trial if a settlement is not reached.
• The jury determines the verdict, liability, and damages.

How To Prove Negligence in a Clearwater Wrongful Death Case

The burden of proof in wrongful death cases is based on the preponderance of evidence and establishing that the death was the result of someone else’s negligence. You do not have to show the at-fault party was “guilty” beyond a reasonable doubt, like in criminal cases. Proving negligence in a wrongful death claim involves satisfying these four elements:

• Duty of care: The defendant owed a duty of care to prevent harm to the deceased.
• Breach of duty: The defendant failed to provide a duty of care through a wrongful act or recklessness.
• Causation: Their breach of duty was the direct result of the defendant’s actions, accident, injuries, and death.
• Damages: The decedent and their surviving family members experienced actual financial losses.

If you can prove negligence, then you usually have sufficient evidence to support your claim.

How Our Clearwater Wrongful Death Lawyers Can Help Your Family

Having access to an experienced wrongful death attorney is essential after a wrongful death. Insurance companies will seem caring and compassionate, but their ultimate goal is to take advantage of your vulnerability and have you agree to the lowest possible settlement.

Our wrongful death lawyers in Clearwater provide compassionate representation to you and your family. We understand that you are grieving the loss of your loved one. We are empathetic, supportive, and provide the legal guidance you need to ensure your financial future.

While no amount of money can replace your loved one, we will provide aggressive representation to ensure you receive maximum compensation. The comprehensive services our legal team will provide include:

• Representing your best interests while allowing you to grieve and heal.
• Gathering and preserving all critical evidence.
• Conducting our own independent investigations.
• Consulting with medical experts and accident reconstruction specialists, when needed.
• Accurate calculator of the full value of damages.
• Handling all legal paperwork and court filings.
• Managing all communications with the defendant and the insurance company.
• Protecting you and your family from unfair settlement tactics.
• Negotiating with the insurance company.
• Aggressive representation at trial, if needed.

Related Practice Areas

In addition to wrongful death personal injury cases, our Clearwater law firm’s practice areas include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• Medical malpractice
• Slip-and-fall accidents
• Dog bites
• Workplace accidents
• Premises liability accidents
• Boating accidents
• Drowning accidents
• Catastrophic injury cases
• Nursing home abuse cases

Speak to a Clearwater Wrongful Death Lawyer Now

Experiencing the tragic loss of a loved one can leave you in shock, confused, and unsure of what to do next. Our Clearwater wrongful death attorneys are here to help you during this difficult time.

We are available 24/7, offer a free, confidential consultation, answer your questions, and provide honest legal advice to protect your legal rights. There are also never any upfront fees. You only pay us when we win.

Our caring and compassionate team is ready to help. We can even come to your home and meet with you there. Do not hesitate to contact us, even if you just have questions.

Helpful Resources and External Links

• Florida’s Wrongful Death Act
• Florida Wrongful Death Statute of Limitations
• Pinellas County Probate Court
• Grief Counseling Resources in Clearwater and Pinellas County
• Clearwater Grief Support Groups
• Social Security Survivor Benefits
• Florida Department of Health – Certificates
• Florida Bar Association – Finding a Lawyer

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