Lawyers for wrongful death: Expert Guide 2025
Why Understanding Wrongful Death Lawyers Matters During Your Darkest Hour
Lawyers for wrongful death specialize in helping families seek justice and compensation when a loved one dies due to another’s negligence. These attorneys handle the complex legal process, allowing families to focus on grieving.
What wrongful death lawyers do:
- Investigate the death’s circumstances
- Gather evidence to prove fault
- Calculate damages like lost income and funeral expenses
- Negotiate with insurance companies
- File lawsuits to secure fair compensation
- Work on a contingency basis, meaning no fee unless you win.
Losing a loved one is devastating, and when it’s caused by carelessness, the emotional pain is compounded by financial stress. As one law firm notes: “Losing a loved one due to a wrongful death is a traumatic event full of emotional stress and confusion.”
Families often face mounting medical bills, funeral costs, and the sudden loss of income. Insurance companies may try to minimize payouts or deny claims. This guide explains how wrongful death lawyers help families steer the legal system and financial recovery process, what they do, how they’re paid, and how to choose the right one for your family.
Understanding the Foundations of a Wrongful Death Claim
A “wrongful death” occurs when someone dies due to another’s negligent or reckless actions, whether intentional or not. It’s a civil lawsuit, not a criminal case, that allows a family to seek financial compensation from the responsible party.
To win, lawyers for wrongful death must prove four elements:
- Duty of Care: The responsible party had a legal obligation to act safely (e.g., a driver following traffic laws).
- Breach of Duty: They failed in that duty through negligence (e.g., texting while driving).
- Causation: This breach directly caused the death.
- Damages: The family suffered measurable financial and emotional harm.
Importantly, a civil wrongful death case can succeed even if no criminal charges are filed or if the defendant is found not guilty in criminal court. The standard of proof is lower: “more likely than not” in civil court versus “beyond a reasonable doubt” in criminal court. For details on Florida law, see the statute here: What is a wrongful death claim under Florida law?
Who is Eligible to File a Claim in Florida?
Florida law specifies who can file a lawsuit and receive compensation. The personal representative of the deceased’s estate files the lawsuit on behalf of the surviving family members.
Eligible survivors typically include the surviving spouse and children under 25. Adult children, parents of the deceased, and dependent relatives who relied on the deceased for support may also have a claim depending on the circumstances. Our team at Carey Leisure Carney can clarify who has standing in your specific situation. Learn more on our Personal Injury Attorney/Wrongful Death Attorney page.
Common Causes of Wrongful Death
Wrongful deaths can result from many types of preventable accidents.
- Car accidents are a leading cause, often involving distracted, impaired, or reckless driving. For more, see Fatality Car Accident Resulting in Death.
- Medical malpractice includes fatal errors like misdiagnosis, surgical mistakes, or incorrect prescriptions. Learn more at Medical Malpractice and Bodily Injury.
- Workplace accidents occur when employers neglect safety regulations, especially in industries like construction.
- Defective products, from faulty car brakes to malfunctioning medical devices, can lead to fatal outcomes.
- Premises liability deaths happen when property owners fail to maintain safe conditions, leading to drownings or fatal falls. Read about these cases at What is Premises Liability?.
- Other causes include nursing home neglect and boating accidents.
In all these cases, the death was preventable. Our lawyers for wrongful death investigate these complex events to uncover the negligence that caused your family’s loss.
The Financial Side: Damages, Fees, and Case Costs
After a tragedy, families face overwhelming emotional pain and harsh financial realities. A wrongful death lawsuit provides financial stability and holds the negligent party accountable. As one legal expert states: “It may be impossible to put a price on lasting grief, but wrongful death litigation can compensate you for the emotional and financial fallout of the loss of a loved one.”
What Types of Damages Can Be Recovered?
Florida law allows for compensation covering both calculable financial losses and profound emotional suffering.
Economic damages cover quantifiable costs:
- Medical expenses for treatment prior to death.
- Funeral and burial expenses.
- Lost income and support, including the value of services the deceased provided (e.g., childcare, household maintenance).
- Loss of prospective net accumulations, which is the savings the deceased would have built over their lifetime.
Non-economic damages address intangible losses:
- Loss of companionship and protection, compensating for the absence of a loved one’s guidance and support.
- Mental anguish for the grief and emotional distress endured by survivors. For more, see: Compensation for Pain and Suffering in Florida What You Need to Know.
In cases of extreme recklessness, punitive damages may be awarded to punish the wrongdoer. You can review Florida’s damages framework here: What damages are available in Florida?
Understanding Attorney Fees for Wrongful Death Lawyers
Most lawyers for wrongful death, including our firm, work on a contingency fee basis. This means we only get paid if we win your case. You owe no attorney fees if we don’t recover compensation for you. This arrangement allows you to seek justice without any upfront costs.
Our fee is a percentage of the compensation we secure, typically 25% to 40%, depending on case complexity. We provide a written fee agreement that clearly outlines our fee structure. While some attorneys charge hourly rates ($150-$500+), the contingency model is standard for these cases as it aligns our interests with yours. For more on costs, visit: How Much Does It Cost to Hire a Personal Injury Attorney?
What Are the Other Costs in a Lawsuit?
Beyond attorney fees, lawsuits involve “case costs” for building your case. Many firms, including ours, advance these costs and deduct them from the final settlement. These expenses include:
- Court filing fees
- Expert witness fees (for medical experts, economists, etc.)
- Investigation and evidence gathering costs (for reports, records, and depositions)
- Administrative costs (copying, postage, etc.)
We discuss all potential costs with you upfront to ensure complete transparency.
The Legal Process: How Lawyers for Wrongful Death Build Your Case
When you lose a loved one, legal complexities are the last thing you should worry about. Lawyers for wrongful death carry that burden, handling the investigation, negotiations, and paperwork so you can focus on healing. We act as your guide and advocate through every stage of the legal process.
What Should I Do If I Suspect Wrongful Death?
Taking a few key steps early on can protect your family’s legal rights.
- Preserve evidence. If it’s safe, take photos of the accident scene, injuries, or hazardous conditions. Evidence can disappear quickly.
- Keep detailed records. Write down names, dates, and conversations. Save all paperwork, including police reports, medical bills, and insurance letters.
- Be careful with insurance companies. Adjusters may seem helpful, but their goal is to minimize your claim. Politely decline to give a recorded statement and refer them to your attorney.
- Contact an attorney promptly. This is not about rushing a lawsuit; it’s about preserving evidence and protecting your options. Acting quickly is crucial. Learn more here: How Attorneys Use Investigations for Your Personal Injury Claim.
Navigating the Statute of Limitations
The law sets strict deadlines for filing wrongful death lawsuits. Missing this deadline can permanently bar your family from seeking justice. In Florida, you generally have two years from the date of death to file a lawsuit.
This timeline can seem long, but it passes quickly while you are grieving. Furthermore, exceptions can shorten this period. For instance, claims against a government entity may require notice within six months. The rules can be complex, especially in medical malpractice cases or when minor children are involved. An experienced attorney can ensure all deadlines are met. Don’t risk your family’s rights by waiting. For related information, see: How Long Do You Have to File a Medical Malpractice Lawsuit in Florida?
The Role of Your Wrongful Death Lawyer
When you hire us, we take on the full weight of building your case.
- Thorough Investigation: We dig deep, gathering police reports, medical records, and autopsy findings. We interview witnesses and work with experts like accident reconstructionists to prove what happened.
- Identifying All Liable Parties: It’s not always just one person at fault. We investigate every angle to hold all responsible parties accountable, whether it’s a drunk driver, the bar that over-served them, or a hospital with unsafe practices.
- Calculating Full Damages: We work with economists to calculate your family’s total losses, including lifetime lost earnings and the value of lost care and companionship.
- Negotiating with Insurers: Insurance companies have teams dedicated to paying as little as possible. We know their tactics and counter them effectively to protect your interests.
- Trial Representation: If a fair settlement cannot be reached, our Board-Certified trial attorneys are fully prepared to take your case to court and fight for the compensation your family deserves.
We maintain open communication throughout the process, working closely with you every step of the way. Learn more about our approach here: Working With Your Lawyer.
How to Choose the Right Wrongful Death Lawyer
Choosing the right lawyers for wrongful death is a critical decision that will shape your family’s path to justice. Your attorney should be more than a legal advisor; they should be a compassionate guide and a strong advocate.
During your free consultation, you can assess if a lawyer has the right combination of expertise and empathy for your family’s needs.
Key Qualities of an Effective Attorney
Look for these essential characteristics when evaluating potential lawyers:
- Experience in Wrongful Death Cases: These claims have unique legal requirements. You need an attorney who has successfully handled them before.
- Board Certification: This is the gold standard for legal expertise in Florida, awarded to less than 2% of attorneys. Our Board-Certified attorneys at Carey Leisure Carney have demonstrated the highest level of competency.
- A Strong Trial Record: Insurance companies are more likely to offer fair settlements when they know your lawyer isn’t afraid to go to trial.
- Positive Client Testimonials: Feedback from past clients reveals how a firm treats families during their most difficult times.
- Personalized Service and Direct Attorney Access: You should be able to speak directly with your lawyer. Our firm prioritizes this, ensuring you get the guidance you need when you need it.
- Compassion and Empathy: The best lawyers combine legal skill with a genuine understanding of your grief.
For more guidance, visit: How Do You Go About Choosing a Lawyer.
Questions to Ask During Your Consultation
Your initial consultation is an interview. Don’t hesitate to ask direct questions to find the right fit.
- What is your specific experience with cases like mine?
- How does your contingency fee structure work, and how are case costs handled?
- What is your communication policy? Will I have direct access to my attorney?
- What is the general timeline for a case like this?
- Who will be the primary person handling my case?
- What potential challenges do you see in my case?
- Do you typically negotiate settlements or go to trial?
These questions will help you find a legal partner to guide your family toward justice and financial security.
Frequently Asked Questions about Wrongful Death Claims
When you’re dealing with the loss of a loved one due to someone else’s negligence, it’s natural to have many questions about the legal process ahead. Our lawyers for wrongful death understand your concerns, and we want to address some of the most common questions families ask during this difficult time.
How long does a wrongful death lawsuit take to resolve?
There is no simple answer, as every case is unique. The timeline can range from several months to a few years. Case complexity is a major factor; straightforward cases resolve faster than those requiring extensive investigation.
Most cases settle out of court, which is generally quicker than a trial. A settled case might take 6 months to 2 years, while a case that goes to trial can take 2-4 years or more. Our priority is always to secure the best outcome for your family, even if it takes more time to build a strong case.
Can I file a wrongful death claim if there is also a criminal case?
Yes. A criminal case and a civil wrongful death lawsuit are two separate legal processes that can proceed at the same time.
- Civil vs. criminal court: A criminal case is brought by the state to punish a crime (e.g., with jail time). A civil case is brought by your family to obtain financial compensation for your losses.
- Different standards of proof: Criminal cases require proof “beyond a reasonable doubt.” Civil cases only require a “preponderance of the evidence” (more likely than not). This lower standard means you can win a civil case even if the defendant is acquitted in criminal court.
The outcome of one case does not determine the outcome of the other. Our lawyers for wrongful death focus on the civil case to secure your family’s financial recovery.
What if my loved one was partially at fault for the accident?
Even if your loved one was partially at fault, your family may still be able to recover compensation under Florida’s comparative negligence rule.
The court assigns a percentage of fault to each party. As long as your loved one was 50% or less at fault, your family can recover damages. However, the compensation will be reduced by your loved one’s percentage of fault. For example, if damages are $1 million and your loved one was 20% at fault, your family could receive $800,000.
Insurance companies often try to shift blame to the deceased to reduce their payout. Our experienced attorneys fight to ensure fault is assigned fairly based on evidence, not insurance company tactics. Learn more here: Comparative Negligence.
Conclusion: Finding a Path Forward with Expert Legal Support
The loss of someone you love is devastating beyond words. When that loss happens because of another person’s carelessness or negligence, the grief becomes even more overwhelming. You’re left not only mourning your loved one but also struggling with a deep sense of injustice and unanswered questions.
At Carey Leisure Carney, we want you to know that you don’t have to face this alone. While we understand that no legal settlement can ever bring back your loved one or truly heal your broken heart, pursuing a wrongful death claim serves two vital purposes: it provides the financial stability your family needs to rebuild, and it ensures the responsible party is held accountable for their actions.
Lawyers for wrongful death do more than just handle paperwork and court proceedings. We become your advocates during one of the darkest chapters of your life. We shoulder the legal burden so you can focus on what matters most – grieving, healing, and supporting each other as a family.
Our role extends far beyond the courtroom. We investigate what happened, fight with insurance companies on your behalf, and work tirelessly to secure the compensation your family deserves. We understand that this process can feel overwhelming, which is why we’re committed to direct attorney access and personalized service – you’ll always know what’s happening with your case and have someone to turn to with your questions and concerns.
What sets us apart is our Board-Certified expertise. This distinction is earned by only the top 2% of attorneys in Florida, and it represents our deep knowledge of personal injury and wrongful death law. Combined with our over 100 years of experience, this means we have the skills and understanding necessary to steer even the most complex cases.
We serve families throughout the Tampa Bay area from our offices in Clearwater, Largo, New Port Richey, Spring Hill, St. Petersburg, Trinity, and Wesley Chapel. No matter where you are in Florida, we’re here to help you understand your rights and pursue the justice your family deserves.
The path forward may feel uncertain right now, but you don’t have to walk it alone. If you suspect your loved one’s death was preventable – if someone else’s negligence played a role – we encourage you to reach out. During this difficult time, having experienced legal guidance can make all the difference in securing your family’s future.
Contact our experienced wrongful death attorneys for a free consultation today. We’re ready to listen to your story, answer your questions, and help you find a path forward during this incredibly challenging time.