Compassionate Help for Pinellas County Families After a Fatal Accident
Losing someone you love because of another person’s carelessness is one of the hardest things a family can face. No legal outcome can undo that loss — but holding the responsible party accountable can protect your family’s financial future and bring a measure of justice. For more than three decades, the St. Petersburg wrongful death attorneys at Jorgensen Law, P.A. have helped Pinellas County families navigate Florida’s wrongful death process with compassion, straight answers, and real courtroom experience.
Your consultation is free, and you pay no fee unless we win your case. Call (727) 347-7733 or fill out our contact form to speak with an attorney today.
What Is a Wrongful Death Claim in Florida?
Under the Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26), a wrongful death claim arises when a death is caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another person or company. The simplest test: if your loved one had survived, could they have filed a personal injury claim? If the answer is yes, your family can likely pursue a wrongful death claim.
Like any negligence case, a wrongful death claim must prove four elements: the person or company owed your loved one a duty of reasonable care; they breached that duty through careless, reckless, or intentional conduct; that breach directly caused the death; and the surviving family suffered damages as a result. Evidence — crash reports, witness statements, maintenance records, surveillance footage — is what turns those elements from allegations into a recovery, which is why early investigation matters so much.
A wrongful death lawsuit is a civil action, separate from any criminal case the State of Florida may bring. Its purpose is to compensate the family members who depended on the person who died — financially and emotionally. Common scenarios include fatal traffic crashes, workplace accidents, dangerous property conditions, and defective products.
Who Can File a Wrongful Death Claim in Florida?
In Florida, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. The personal representative — named in the will or appointed by the court — files the claim on behalf of the surviving family members and the estate under Fla. Stat. § 768.20.
While the personal representative files the lawsuit, the claim exists for the survivors. Under Florida law, survivors can include the surviving spouse, children, parents, and any blood relatives or adoptive brothers and sisters who depended on the deceased for support or services.
Determining exactly who qualifies as a survivor — and what each survivor can recover — is one of the most consequential parts of a wrongful death case. We help St. Petersburg families sort this out at the very first meeting, at no cost.
Compensation Your Family May Recover
Florida Statutes § 768.21 spells out the damages available in a wrongful death case. What each family member can recover depends on their relationship to the person who died:
| Who | What they may recover |
|---|---|
| Surviving spouse | Loss of companionship and protection, plus mental pain and suffering from the date of injury |
| Minor children (all children, if there is no surviving spouse) | Lost parental companionship, instruction, and guidance, plus mental pain and suffering |
| Each survivor | The value of lost support and services, past and future, plus interest |
| Parents of a deceased minor child | Mental pain and suffering |
| The estate | Lost earnings, lost net accumulations, and medical and funeral expenses paid by the estate |
Two details matter here. First, Florida reduces some recoveries when the deceased shared fault for the accident, so expect the insurer to argue your loved one was partly to blame — we push back on this with evidence, not assumptions. Second, adult children and parents face additional limits in certain cases under § 768.21, which makes an attorney’s survivor analysis essential before any settlement talks begin.
Insurance companies count on grieving families undervaluing these claims. Where the numbers are significant, we work with economists and actuaries to fully value a lifetime of lost earnings and support — so your family is not pressured into accepting a fraction of what the law allows.
How Long Do You Have to File? Florida’s Two-Year Deadline
Florida law gives most families two years from the date of death to file a wrongful death lawsuit (Fla. Stat. § 95.11). If the deadline passes, the court will almost certainly dismiss the case — no matter how strong it is.
There are narrow exceptions. When a death results from murder or manslaughter, Florida law removes the filing deadline entirely, even if the at-fault person was never arrested or convicted. But waiting is risky for every other reason: skid marks fade, surveillance footage is overwritten, and witnesses move away. The sooner an attorney can preserve evidence, the stronger your family’s case will be.
How a Wrongful Death Case Works in Pinellas County
Families often tell us the legal process feels like a black box during the worst weeks of their lives. Here is what actually happens when Jorgensen Law takes a wrongful death case:
- Free consultation and investigation. We listen, answer your questions, and immediately begin preserving evidence — crash reports, camera footage, employment records, and witness statements.
- Appointing the personal representative. If the estate has not been opened yet, we guide your family through having a personal representative appointed so the claim can legally proceed.
- Identifying every liable party and policy. A fatal crash may involve a negligent driver, their employer, a vehicle manufacturer, or a bar that overserved them. Each defendant means another source of compensation for your family.
- Demand and negotiation. We document the full lifetime value of your family’s losses and present it to the insurers. Most cases resolve here — but only because carriers know which firms will actually try a case.
- Filing suit and trial, if needed. If the insurance company will not pay what the case is worth, we file in the Sixth Judicial Circuit and prepare for trial. You decide whether to accept any settlement; that is always your call, not ours.
Throughout the case, you deal directly with your attorney — and we move at your family’s pace, not the insurance company’s.
Common Causes of Wrongful Death in St. Petersburg
Florida Department of Transportation crash data records dozens of traffic fatalities in Pinellas County every year, and St. Petersburg’s high-speed corridors account for a disproportionate share of them. Our office sits on Central Ave, and we see firsthand where Pinellas County families are losing loved ones. The most common causes of wrongful death claims in the St. Petersburg area include:
- Fatal car and motorcycle crashes — especially along I-275, US-19, 4th Street North, and Gandy Boulevard. Learn more about our auto accident practice.
- Pedestrian and bicycle deaths — the Tampa Bay metro consistently ranks among the most dangerous regions in the country for people on foot. See our pedestrian & bicycle accident page.
- Truck and commercial vehicle collisions — catastrophic by nature, and defended aggressively by trucking insurers. Our truck accident attorneys know their playbook.
- Falls and unsafe property conditions — hotels, apartment complexes, and businesses that fail to fix known hazards. See premises liability.
- Workplace fatalities — construction, roofing, and industrial deaths, which may involve both workers’ compensation death benefits and a separate wrongful death claim against a third party.
Why St. Petersburg Families Choose Jorgensen Law
Jorgensen Law, P.A. is a family firm that has served St. Petersburg for over three decades from our office at 4455 Central Ave. When you call us, you talk to the attorney handling your case — not a case manager at a national call center. The large TV-advertising firms handle thousands of files at a time; we deliberately do not.
We try cases in the Sixth Judicial Circuit’s Pinellas County courts regularly, and insurance carriers know it. Every wrongful death case is handled on a contingency fee: you pay nothing up front and no fee at all unless we recover compensation for your family.
Frequently Asked Questions
Who can sue for wrongful death in Florida?
Only the personal representative of the deceased person’s estate can file the lawsuit. The personal representative brings the claim on behalf of the survivors — typically the spouse, children, parents, and dependent relatives — and the estate itself.
How long does a wrongful death lawsuit take in Florida?
Many wrongful death claims settle within several months to a year once liability is clear. Cases that go to trial typically take one to two years. Factors include the number of liable parties, available insurance, and how the case is defended.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim compensates surviving family members for their own losses. A survival action belongs to the estate and recovers damages the deceased person could have claimed had they lived, such as their medical expenses and lost wages before death. Florida law allows the personal representative to pursue both where appropriate.
How much does a wrongful death attorney cost?
Nothing up front. Jorgensen Law handles wrongful death cases on a contingency fee, which means our fee comes out of the recovery we obtain for you. If we do not win your case, you owe us no attorney’s fee.
What is the average wrongful death settlement in Florida?
There is no meaningful “average” — outcomes range from six figures to multi-million-dollar recoveries depending on the strength of liability evidence, available insurance coverage, the deceased’s earnings, and the survivors’ relationships. An attorney can give you a realistic range only after reviewing the facts of your case.
Can you sue for wrongful death after a workplace accident in Florida?
Usually you cannot sue the employer directly — workers’ compensation death benefits under Fla. Stat. § 440.16 are the remedy against the employer. But if a third party contributed to the death, such as a negligent driver, subcontractor, or equipment manufacturer, your family may also have a separate wrongful death claim. Because Jorgensen Law handles both workers’ compensation and personal injury, we evaluate both paths in every workplace death case.
Speak With a St. Petersburg Wrongful Death Attorney Today
If you have lost a family member because of someone else’s negligence in St. Petersburg or anywhere in Pinellas County, let us carry the legal burden while your family heals. The consultation is free, there is no obligation, and you pay no fee unless we win.
It costs nothing to find out where your family stands. If you can, bring the death certificate, any crash or incident report, correspondence from insurance companies, and a copy of the will if one exists — but do not delay calling if you don’t have these yet. We can obtain every one of them for you.
Related reading: The Florida Wrongful Death Act explained: who can sue, deadlines, and what damages it covers.
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