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Your St. Pete’s Wrongful Death Questions Answered

When you lose a loved one in a tragic accident, it can be hard putting the pieces of your life back together. This is even worse when your loved one passes as the result of someone else’s actions. You may feel lost, alone, and without justice. Although no amount of money will ever make up for your loss, a wrongful death claim can help provide you with the resources you need to move forward.

Wrongful death claims can also bring you the justice you need to feel a sense of closure. If you’re a St. Pete’s resident looking to file a wrongful death claim, here are all the answers to your most pressing questions.

What Is Wrongful Death?


Wrongful death is the legal term for a civil action brought by family members against the individual responsible for the loved one's death. Wrongful death happens when a person or entity fails to meet their legal duty and a life is lost. The resulting loss causes damages to the family which can be recuperated through a lawsuit.

Who Can File A Wrongful Death Claim?


According to Florida Statute 768.21, a personal representative of the deceased person’s estate can file a wrongful death claim. This can include:

● Spouses
● Children
● Parents of minor children
● Dependent family members
● Children of unmarried parents

What Kinds Of Damages Can Be Recovered in A Wrongful Death Claim?


Three main categories of damages can be recovered during a wrongful death lawsuit:

  • Economic: Economic damages have direct financial costs like medical bills, funeral costs, and lost wages.

  •  Non-Economic Damages: Non-economic damages without a direct financial cost including pain and suffering, loss of companionship, and loss of consortium.

  • Punitive Damages: Damages are awarded where the negligent party’s actions were intentional or egregious. These are awarded as a punishment to the negligent party.


The amount of damages awarded in wrongful death cases varies greatly on the specifics. The best way to understand the value of your claim is to consult with a wrongful death attorney.

How Is Wrongful Death Proven?


To claim wrongful death, you must prove the following things:

  • The person or entity had a legal obligation to your loved one

  • The person or entity behaved negligently and did not meet the obligation

  • The person’s negligent actions caused the death of your loved one

  • The loss of your loved one caused you financial harm


What Is The Florida Statute Of Limitations For Filing A Wrongful Death Claim?

In the state of Florida, the statute of limitations for wrongful death is two years. However, some exceptions can extend it to four years. Speak to your attorney to learn if you qualify for the extension.

What Is The Difference Between Civil And Criminal Wrongful Death Cases?


The primary difference between criminal and civil wrongful death cases is that criminal cases require a heavy burden of proof “beyond the shadow of a doubt.” Civil cases on the other hand only require a “preponderance of evidence.”

Can A Wrongful Death Claim Be Settled Out Of Court?


With a skilled attorney, a wrongful death settlement can be negotiated out of court.

What Pays For The Damages In A Wrongful Death Lawsuit?


The party responsible for the wrongful death will typically pay the damages. It may also be their insurance company that pays.

How Long Does A Wrongful Death Lawsuit Take?


Wrongful death lawsuits are pretty lengthy and can average between 18 months and 3 years to fully resolve. The time can be shorter if you settle outside of court.

If you have more wrongful death questions, ask The St. Pete’s Lawyer Michael Babboni. For over 30 years, he’s been fighting for the families of Florida wrongful death victims. He has the knowledge, experience, and dedication to seek justice for your family. Contact him today to get the answers to your wrongful death questions.