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Board Certified Trial Attorneys Helping You & Your Family Find Justice

Clearwater Wrongful Death Attorney

Was Your Loved One Killed in a Preventable Accident?

Losing a loved one is a tremendously painful experience, and one that can be made more difficult if their death was preventable. If someone else's negligence, carelessness, or reckless actions played a role in the death of your loved one, it’s important to know that you may be able to take legal action to secure justice and compensation.

By working with the Clearwater wrongful death lawyers at Roman & Gaynor, you can take steps to hold the at-fault party accountable for the loss of your loved one.

At Roman & Gaynor, we have represented many families in wrongful death actions over the last several decades. As real people with families ourselves, we understand the profound consequences of these tragedies. As board-certified attorneys, we have the tools, experience, and resources to effectively fight for justice and compensation.

While there is little that can make amends for the untimely death of a family member, it is important to remember that there are laws in place that can be used to ensure at-fault parties are held accountable for their negligence or wrongful actions.

We have experience in wrongful death cases that involve:

If you have questions regarding your rights after the death of a loved one, our legal team at Roman & Gaynor is available around-the-clock to discuss your case. Our attorneys work personally with our clients and treat all cases as if they were our own. To request your free consultation, give us a call at (727) 877-1212.

Florida's Wrongful Death Law

The Florida Wrongful Death Act in Chapter 768 of the Florida Statutes outlines the purposes, procedures, and laws regarding wrongful death. The statute defines a wrongful death claim as a civil action filed against a wrongdoer who is at fault for causing the death of another.

Regardless of whether the situation may entail a criminal trial, family members must seek recoveries of their damages through civil proceedings. As stated by the statute, a decedent's surviving relatives, including spouses, children, parents and dependent relatives, and adoptive siblings, are eligible to pursue financial compensation.

Important aspects of a wrongful death case:

  • Elements of a claim – Wrongful death lawsuits can be pursued when death occurs as a result of negligence or wrongful acts. These situations can range drastically from intentional acts of harm to negligent acts, such as distracted driving, which result in death. Families must prove that the death resulted more likely than not from the alleged negligent or wrongful act.
  • Eligible parties – In Florida, only certain parties are entitled to file wrongful death lawsuits. These parties commonly include survivors such as spouses, children, parents, and dependent relatives. A lawsuit can also be brought by a personal representative of the decedent’s estate. Our firm can help you determine your eligibility based on your relationship with the decedent.
  • Damages – Families suffer profound emotional and financial losses after the death of a loved one, which is why lawsuits provide the opportunity to recover compensation. These damages may include a range of economic and non-economic damages. Estates may recover economic damages such as economic and funeral expenses, as well as lost financial earnings.
  • Statute of limitations – As with other civil tort claims, there are time limits in place for filing a wrongful death lawsuit. In Florida, the statute of limitation for wrongful death is four years from the date of the victim's death.

The process of filing a wrongful death lawsuit will vary depending on the unique facts and circumstances of a case, but will generally begin with filing the suit in civil court. Families, or the estate, must then provide clear and convincing evidence that meets the elements of Florida’s wrongful death statute, including proving that death was caused by a defendant’s actions or inaction, negligence or wrongdoing, and damages.

Our legal team focuses on all elements of these lawsuits, including the full scope of how death impacted families, to pursue the maximum compensation possible.

Damages for Wrongful Death

Not only do wrongful death laws enable families to seek justice on behalf of their loved ones, they also allow for a recovery of damages. At difficult times when families may be struggling emotionally and financially, these recoveries can prove invaluable.

In order to recover damages in a civil action, you must be able to prove that another's negligence or wrongful act resulted in the death of your loved one. How this legal element will be established in your case will depend on a number of factors.

Damages in a wrongful death case may include:

  • Lost support and services
  • Loss of companionship and protection
  • Mental pain and suffering
  • Loss of parental companionship, instruction, and guidance
  • Medical and funeral expenses
  • Net accumulations

In cases that involve intentional misconduct or gross acts of negligence committed by the wrongdoer (such as drunk driving), survivors can seek punitive damages as a way to further punish at-fault parties and to deter others from committing similar acts.

Contact Our Wrongful Death Lawyers in Clearwater for a Free Review

Having guided numerous families through the emotional turbulence of these experiences and the complexities of the claim process, we have become well-tuned to the needs of those we serve. Knowing full well just how difficult a wrongful death can be, our attorneys make it our unwavering mission to remain available 24/7.

We draw from our extensive experience and specializations in civil litigation to ensure that wrongdoers are held accountable for their actions and that families recover the compensation they need. If your loved one has recently passed at the hands of another, place your trust in a firm that truly cares about helping you rebuild your life.

Passionate and prompt, our legal team will respond immediately to your request for a free, no-obligation case evaluation. Discuss your needs, voice your questions and concerns, and learn how our firm can help you surface from these turbulent seas. Call our Clearwater wrongful death attorneys at (727) 877-1212.

We Have Recovered Over $95 Million for Our Clients

  • $4,356,000 Verdict for Traumatic Brain Injury Victim
    Client was rear-ended with great force by an employee of Mercedes Benz of Melbourne on a rural highway in South Florida. The collision was so powerful that three cars were totally destroyed and the client was rendered unconscious. The Client sustained multiple fractures to her arm and ribs, damage to her shoulder and she sustained brain damage. The jury deliberated almost four hours at the conclusion of a six day trial in Brevard County, Florida.
  • $2,700,000 Verdict for Truck Accident Victim
    After a six day trial, a Pasco County Jury awarded our clients $2,161,000.00 for wife and $631,900.00 for husband. The wife sustained a head injury and had a spine surgery. The husband injured his hands, shoulder and knee.
  • $1,450,000 Settlement for Injured Pedestrian
    Roman & Gaynor sued our client's car insurance company when they refused to take her fractured pelvis seriously. After being pinned between 2 cars in a parking lot, she could not walk normally or return to work. This jury verdict is more than 10 times the amount of the policy she sought, and her insurance company refused to pay, after her injury. State Farm later settled her bad faith claim and Roman & Gaynor collected the excess judgment.
  • $1,175,000.00 Verdict for Traumatic Brain Injury Victim
    $1,175,000.00: A New Port Richey man was injured in a motor vehicle collision when his work van was hit and flipped over, causing him to be ejected from his vehicle, crushing his skull. Roman & Gaynor's investigation revealed that the work van was not equipped with operable seatbelts. A lawsuit against his employer, who was responsible for the maintenance of the work van, resulted in a $1,175,000.00 settlement.
  • $850,000.00 Settlement for Husband & Wife
    A Pasco County couple were seriously injured in a rear end collision in Pasco County. After spinal surgeries, Roman & Gaynor successfully negotiated a global settlement in the amount of $850,000 which assisted this couple in rebuilding their lives.
  • $836,000.00 Settlement in Rear End Collision
    Our clients, a 56 and 58 year old couple from Pasco County, were stopped for a red light in Tampa when they were rear ended by a distracted driver. Both husband and wife suffered herniated discs as a result of this accident which resulted in 4 spinal surgeries. The at fault party’s insurance carrier asserted a low impact defense, and asserted that our client suffered from these injuries prior to the accident. After protracted litigation, and just 2 months prior to trial, Roman & Gaynor secured a $836,000 settlement in favor of this couple.
  • $820,000.00 Settlement in Rear End Collision
    After a year of litigating a case the Defendant never took seriously, Roman & Gaynor negotiated this settlement just to days before trial for a young lady with a spine injury. In this case, a relatively low impact collision led to more than one spinal surgery, including fusion.
  • $600,000.00 Jury Verdict for Accident Victim
    A St. Petersburg woman received a verdict of more than $600,000 for multiple injuries sustained in a car accident including a broken pelvis. We received the verdict at the end of a three-day trial. The Defendant was the driver of a truck who ran a red light.
  • $572,000.00 Settlement in Rear End Collision

    In 2017, a middle-aged man was rear-ended at a high-rate of speed on the highway. He sustained head, neck and back injuries but did not get any surgeries. We were able to obtain a tender of the policy limits of the at-fault driver but had to file a lawsuit for the underinsured motorist coverage. Seven months later, in 2019, we reached a settlement. We were able to recover a total of $572,000 for this client and his family from the insurance carriers to help them move forward.

  • $550,000.00 $550,000 Recovery for our Client

    A phantom vehicle made a left turn in the direct path of our client’s path of traveling causing him to take evasive action, causing him to strike a concrete utility pole. The force of the impact caused both airbags to deploy and the car engine came through the firewall and into our client’s dashboard and legs. Our client sustained serious lower extremity injuries, neck, and back injuries necessitating hospitalization, multiple surgeries, and extensive rehabilitation. Because the at fault driver fled the scene of the accident, we presented 2 uninsured motorists claims to our client’s uninsured motorist carriers. Demand for tender of the first uninsured motorist policy in the amount of $250,000 was made by our firm and was paid promptly. Second demand for the second Underinsured Motorist policy in the amount of $300,000 was made by our firm. This second insurance carrier denied coverage, based upon a UM rejection form signed by our client. Our firm determined that the UM selection form was fraudulently signed by our client’s car insurance agent. Our firm then filed a Civil Remedy Notice asserting fraud, and the insurance carrier promptly paid its $300,000 UM policy limit within the 60 day time period provided under the Civil Remedy Notice. This resulted in a total recovery of $550,000.00 for our client. A total victory for our client! Not all law firms check the validity of client signatures on UM selection forms. Our clients can be assured of this attention to detail for each and every case.

Reviews From Our Clients

  • “At Roman and Gaynor it is not just about winning your case, it is also about making sure that you are taken care of physically and emotionally.”

    Co Ah

  • “They really do take their job serious and they really care about their clients!”

    Karen W.

  • “Thanks for being there for me every step of the way!”

    Katie B.

  • “They Provided Helpful and Prompt Responses.”

    Edward R.

  • “I can attest that your motto "We Really Care" and "Compassionate Justice" are not just mere words...”

    Kally F.

  • “The expertise of this firm is wonderful.”

    Grace M.

  • “I couldn't be more happy or satisfied.”

    Jessica T.

  • “Agradezco toda su ayuda y con mucho gusto los seguire recomendando.”

    Maria S.

  • “Morgan Gaynor & Grace were awesome and very informative.”

    Dwight H.

  • “Thank you for believing in me and my case and always providing sound guidance. ”

    Ryan H.

  • “He assured me that my only job was to heal and that they would take care of everything else.”

    April L.

  • “Your firm cares about taking care of their people. I would refer them and use them again if needed.”

    Sultana M.

  • “We could never ask anyone for a more favorable outcome.”

    W. S.

  • “At a very low point in my life, Roman & Gaynor was very professional, protective, and patient with me. I appreciate and needed that.”

    Paula S.

  • “You and your wonderful staff have restored my faith in the legal profession.”

    Mark M.

A Firm That Stands Out

  • Over 60 Years of Combined Experience
  • Two Attorneys Board Certified in Civil Trial Law
  • Over $95 Million Recovered for Our Clients
  • 24 Hour Availability
  • Free, No-Obligation Case Evaluations
  • No Fees Unless We Win Your Case

Get the Help You Need Today

We're Ready to Fight for You. Request Your Free Case Evaluation Now.
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