Losing a loved one is one of the most difficult experiences anyone can go through. When death is due to the negligence or wrongdoing of another party, it can be especially hard to accept. At Bailey & Glasser, LLP, our team of wrongful death attorneys can help your family navigate the legal process and hold those responsible for the loss of your loved one’s life accountable for their actions. We are committed to standing up for victims of negligence.
How Can Bailey & Glasser, LLP Help?
Our St. Petersburg wrongful death attorneys have years of experience representing clients in these types of cases. We have handled over 3,000 cases and secured more than $2 billion in settlements and verdicts. We understand the emotional toll that losing a loved one takes on a family and are committed to helping our clients obtain the justice they deserve.
Our attorneys will handle every aspect of your claim with care and compassion, including:
- Investigating the fatal accident
- Preserving and collecting evidence
- Identifying the liable party or parties
- Obtaining signed eyewitness statements
- Hiring qualified subject-matter experts
- Procuring photo and video evidence
- Requesting copies of police reports and medical records
- Filing your claim before the state’s deadline
- Helping your family prove wrongful death
- Demanding maximum compensation
At Bailey & Glasser, LLP, we have a track record of success with wrongful death cases. Our law firm has the resources and personnel necessary to determine the circumstances surrounding your loved one’s death and to build the strongest possible claim on your behalf. We treat our clients like family during these highly emotional legal matters.
What Is Wrongful Death?
According to Florida Statutes Section 768.19, when the death of a person is caused by someone else’s wrongful act, negligence, default, or breach of contract or warranty, a wrongful death cause of action can be brought. This type of claim is available if the event would have entitled the deceased individual to maintain a personal injury action had death not ensued.
To prove a wrongful death claim, the plaintiff or plaintiff’s attorney generally must establish negligence. Negligence is the failure to use reasonable care under the circumstances. The three elements of proof are that the defendant had a duty to use reasonable care, the defendant breached or failed to meet that duty, and that this caused the death of the victim. Negligence must be established based on a preponderance of the evidence, also known as the “more likely than not” standard.
Common Causes of Wrongful Death
A wrongful death claim can be filed after many different types of accidents and incidents. Any traumatic event that causes a fatal injury or illness and could have been prevented can give surviving family members grounds to file a lawsuit.
Common incidents associated with wrongful death lawsuits in St. Petersburg are:
- Motor vehicle collisions
- Truck accidents
- Bicycle and pedestrian accidents
- Motorcycle accidents
- Fall accidents
- Workplace accidents
- Dog attacks
- Defective products
- Exposure to toxic substances
- Medical malpractice
- Criminal acts and assaults
The best way to determine if your family has grounds for a wrongful death claim after finding out about the death of a loved one is by telling your story to an attorney at Bailey & Glasser, LLP. We will listen and let you know if we believe your case has merit during a free consultation.
Who Can File a Wrongful Death Claim?
Every state has different rules for who has the legal right to file a wrongful death claim. While many states permit surviving family members to file, Florida law restricts this right to only the personal representative of the deceased person’s estate. This individual, also known as the administrator or executor of the estate, may have been named in the decedent’s will. If not, the courts can appoint a personal representative to bring the claim at the start of the legal process.
When the personal representative files a wrongful death claim, he or she does so on behalf of the decedent’s estate, surviving family members, and all potential beneficiaries. The person responsible for filing a claim is one major difference between a wrongful death claim and a criminal homicide case. A civil claim is filed by a representative, while criminal charges for homicide, murder, or manslaughter are filed by the county prosecutor.
What Compensation Is Available?
Pursuing financial compensation may be the last thing on your mind after receiving the devastating news that a loved one has died. However, taking legal action could be the right step forward for you and your family. Filing a wrongful death case can hold a negligent person or wrongdoer accountable for causing a fatal injury or illness. This can give your family some measure of justice and closure. A wrongful death claim could also result in a settlement or verdict that helps your family move forward with less financial stress.
Your family and the decedent’s estate may be eligible for financial compensation for the following:
- All medical expenses associated with the decedent’s final injury or illness
- Reasonable funeral and burial expenses paid
- Loss of the decedent’s earnings, wages, benefits, and inheritance
- Loss of support and services that would have been provided by the decedent
- Loss of love, companionship, and guidance (parental and spousal)
Dealing with an insurance company in the pursuit of fair financial compensation for wrongful death can be difficult without an attorney. An attorney from Bailey & Glasser, LLP can take over insurance settlement negotiations for you while your family mourns and focuses on healing. You can trust your attorney to negotiate aggressively with an insurance claims adjuster or take your wrongful death case to trial, if necessary.
Contact a Wrongful Death Attorney Today
If you’re grappling with the loss of a loved one due to negligence or wrongdoing, our team at Bailey & Glasser, LLP stands ready to support you during this challenging period. Not only are we seasoned St. Petersburg wrongful death lawyers, but we also have extensive experience in handling cases related to medical malpractice, birth injuries, and dog bites. Whatever your circumstance, you may be entitled to financial compensation. Rest assured, we’re here to provide the legal guidance you need in these difficult times.
We will review the details of your case and help you understand your legal options during a free case consultation. We are committed to giving a voice to those who can no longer speak for themselves. Request your free case review by calling our St. Petersburg location directly at (727) 894-6745.