JONES LAW GROUPYour Lawyers for Life! Personal Injury Law Firm in St. Petersburg
Reviewed by Bobby Jones, Personal Injury Attorney, Jones Law Group | Published | Updated
No settlement brings someone back. We will not pretend otherwise, and we will not open this page with a sales pitch. What a wrongful death claim can do is narrower and still important: it can keep a family financially whole after the person who helped support it is gone, and it can force the person or company whose negligence caused the death to answer for it. If you lost a spouse, parent, or child because of someone’s carelessness in St. Petersburg, a wrongful death lawyer can carry the legal burden while your family carries the rest. At Jones Law Group, we have recovered more than $50 million for clients across Tampa Bay, and we handle wrongful death cases on contingency, so your family pays nothing unless we win.
Florida’s wrongful death rules are specific about who may file, who may recover, and how long you have. Here is how they work, in plain language.
A wrongful death is a death caused by another party’s wrongful act, negligence, default, or breach of contract, in circumstances where the person could have filed an injury claim had they survived. In practice, most St. Petersburg wrongful death cases arise from fatal car accidents, motorcycle crashes, truck collisions, and pedestrian crashes on roads like US-19 and I-275, along with fatal falls, unsafe property conditions, and medical negligence.
A criminal prosecution, if there is one, runs separately. The State decides whether to charge the at-fault driver; your family decides whether to bring the civil claim, and the civil claim does not depend on a conviction. The standards of proof are different, which is why a family can win a wrongful death case even when no criminal charge was ever filed.
Florida handles this differently than many states, and it confuses grieving families at the worst possible time. Under the Florida Wrongful Death Act, the lawsuit is filed by one person: the personal representative of the deceased person’s estate. That is usually the person named in the will, or someone the court appoints, often the surviving spouse or an adult child. Individual family members do not each file their own suit.
The personal representative brings the claim for the benefit of the survivors, which the Act defines to include the surviving spouse, children, parents, and blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services. Minor children, defined here as under 25, have broader rights to recover than adult children in some circumstances, and Florida law places specific limits on which survivors may recover certain damages in medical negligence deaths. Sorting out who qualifies, and for what, is one of the first things we do, and we do it before anyone signs anything.
Not sure who the personal representative should be, or whether you qualify as a survivor? Those are answerable questions. Call (727) 571-1333 for a free, no-pressure consultation.
The Act separates damages into two groups: what the survivors lost, and what the estate lost.
Survivors may recover the value of the support and services the deceased provided, from a paycheck to childcare to the thousand unpaid tasks that keep a household running, along with loss of companionship and protection for a spouse, loss of parental companionship and guidance for children, and their own mental pain and suffering where the Act allows it. A survivor who paid medical or funeral expenses recovers those too.
The estate may recover the deceased person’s lost earnings between injury and death, the value of what the estate could reasonably have expected to accumulate over a normal lifetime, and medical and funeral expenses the estate paid. Estate recoveries are distributed to survivors and beneficiaries under the will or Florida law.
Putting honest numbers on a life’s support and companionship requires economists, life-care experts, and care. It is uncomfortable work, and it is precisely where insurers undervalue families who do not have representation.
Under Florida Statute § 95.11, a wrongful death lawsuit must generally be filed within two years of the date of death. Limited exceptions exist, but no family should plan around them.
The quieter deadline is evidentiary. The proof that establishes fault, intersection camera footage, a truck’s electronic logs, surveillance video, witness memories, degrades within weeks and months, not years. Starting the investigation early does not mean rushing your family’s decisions. It means preserving the option to make them.
Families often put off calling a lawyer because they picture a courtroom on top of a funeral. The reality is quieter. It begins with a conversation, at our Central Avenue office, at your home, or by phone, where we listen and tell you honestly whether there is a case. If there is, we handle the machinery: opening the estate and appointment of the personal representative if that has not been done, the investigation, the preservation letters, the insurance notifications, and every call from every adjuster.
Most wrongful death claims resolve through negotiated settlement, and Florida requires court approval of settlements in certain circumstances, which we manage. If the insurer will not offer what the claim is worth, we file suit in the Sixth Judicial Circuit here in Pinellas County and prepare it for trial. Throughout, the decisions remain your family’s. Our job is to make sure they are informed ones.
These cases are built from records and people here in Pinellas County: the crash report from St. Petersburg Police or the Florida Highway Patrol, the trauma records from Orlando Health Bayfront Hospital, the medical examiner’s findings, and crash data from Forward Pinellas when a dangerous road or intersection is part of the story. We know how to obtain each of them, and we handle it so you do not have to make those calls yourself.
Jones Law Group is led by attorney Bobby Jones, a U.S. Air Force veteran and Stetson Law graduate who has practiced injury and wrongful death law in Tampa Bay for more than 20 years. We have recovered over $50 million for our clients and hold a 4.9 rating on Google, but the number that matters most in these cases is smaller: one family at a time, handled personally, with straight answers instead of pressure. We work on contingency, so your family pays nothing unless we recover for you. You can see the full range of cases we handle on our St. Petersburg personal injury lawyer page.
Only the personal representative of the deceased person’s estate may file, under the Florida Wrongful Death Act. The claim is brought on behalf of the survivors, including the spouse, children, parents, and certain dependent relatives, and any recovery is distributed among them according to the law and the facts.
Generally two years from the date of death, under Florida Statute § 95.11. Some limited exceptions apply, but critical evidence like video footage and vehicle data disappears far sooner, so it is wise to speak with a lawyer well before the deadline approaches.
Survivors can recover the value of lost support and services, loss of companionship and guidance, mental pain and suffering where the Act permits, and medical or funeral expenses they paid. The estate can separately recover lost earnings and the value of what the deceased would likely have accumulated over a normal lifetime.
No. A wrongful death claim is a civil case with a lower standard of proof than a criminal prosecution, so your family can pursue and win a claim even if the at-fault party was never charged or was acquitted. If there is a criminal case, we coordinate with its evidence rather than waiting on its outcome.
Most Florida wrongful death claims settle without trial, through negotiation backed by a thoroughly prepared case. If the insurer refuses a fair resolution, filing suit is your family’s decision to make, with our advice, and we prepare every case as if it will be tried.
Jones Law Group handles wrongful death cases on a contingency fee, with no up-front cost to your family. We advance the case expenses and only collect a fee if we recover compensation. The consultation is free and carries no obligation.
When you are ready, we are here to listen, answer your questions honestly, and tell you what your family’s options are. There is no cost, no obligation, and no fee unless we recover for you.
Jones Law GroupDisclaimer: This page is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and prior results do not guarantee a similar outcome. The $50 million figure reflects total amounts recovered for clients over time, not a promise about any individual case. If you have a specific legal question, contact a licensed Florida attorney.
Speak with us before time runs out! In Florida, you have a limited window to file a personal injury case, so speak to an Attorney today.
Call our personal injury law office directly at (727) 512-9847
Jones Law Group is a dedicated personal injury lawyer in St. Petersburg, FL, serving the Tampa Bay area since 2006. Our experienced attorneys specialize in car accidents, slip and fall cases, employment law disputes, construction law issues, and overtime wage claims, fighting for maximum compensation on a contingency fee basis. Contact us for a free consultation to discuss your case.
Call our personal injury law office at (727) 512-9847
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