New Port Richey, FL Wrongful Death Lawyer

A Brief Summary of the Following Page

  • Eligibility: Only the personal representative of the deceased's estate can legally file a wrongful death claim in Florida, although all beneficiaries may recover damages.
  • Beneficiaries: Eligible family members for recovery include the surviving spouse, children, dependent family members, and the parents if the deceased was a minor.
  • Liability: Identifying liable parties is crucial; potential defendants can include medical professionals, drivers, and property owners, depending on the circumstances of the death.
  • Legal Assistance: McPherson & Thomas, P.A. can help build a strong wrongful death claim by collecting evidence, proving liability, and managing the legal process within the two-year statute of limitations.

Who Is Eligible to File a Wrongful Death Claim in Florida?

Losing a loved one is a painful experience for family members as they grapple with their unimaginable loss. Despite the grief and stress you are likely experiencing, it is important you begin to consider the legal options available to you and your family that will help you get justice for the untimely passing of your loved one. When considering your legal options, it is important you understand who is eligible to file a wrongful death claim in Florida. 

In Florida, only the personal representative of the deceased person's estate is eligible to file a wrongful death claim. A personal representative is typically chosen during a person's lifetime and named in a will or estate plan. However, if there was not a personal representative named in a will or estate plan, this party may be appointed after the passing of the decedent. Despite the personal representative being the only party who may file a wrongful death claim, all surviving beneficiaries of the decedent may be eligible to recover damages from the claim. 

Parties That May Be Eligible to Recover Damages From a Wrongful Death Claim

The family members who may be eligible to recover damages from a wrongful death claim include any of the following:

  • The surviving spouse
  • Children of the decedent
  • Parents of the decedent if the individual was a minor at the time of their death
  • Dependent family members
  • Children of unmarried parents

One of our trusted New Port Richey wrongful death lawyers will help you decipher who can file the claim and who is eligible to collect compensation. As you and your family take time to grieve your loss, our legal team will take on the legal aspects of your case to ensure you are able to get through this process as stress-free as possible.

Who Can Be Liable for a New Port Richey Wrongful Death Claim?

After retaining the help of one of our Florida wrongful death lawyers, you may wonder what the first steps will be toward helping you build a strong wrongful death claim. One of the first steps in any wrongful death claim is to identify the party, or parties, who may be held liable for the negligence that led to your loved one’s untimely death. 

Some of the common parties found liable in a New Port Richey wrongful death case include:

  • Medical professionals
  • Drivers of motor vehicles
  • Drunk drivers
  • Property owners

No two wrongful death claims are alike, and the party found liable in your case will depend heavily on the specific factors that occurred. However, when you work with our team of experienced lawyers, we will launch a full investigation into your case and collect evidence that will help us identify the party who would be held responsible for the untimely death of your family member. After the responsible party has been identified, the next step towards helping you achieve justice in a wrongful death claim is to prove their liability.

In Florida, when the negligence of another causes the death of a person, a wrongful death action ensues to recover the damages to that person’s estate and losses to the survivors. If an estate is not already established, one is created so the personal representative may bring the action in court on behalf of the estate and its beneficiaries. 

There is a wide range of losses typically sought in a wrongful death claim, and having an experienced wrongful death attorney in New Port Richey is of utmost importance. The New Port Richey wrongful death lawyers at McPherson & Thomas, P.A. have the compassion and experience to aggressively handle wrongful death cases and would love to speak with you today about getting your family the compensation you deserve.

Recovering Damages for a Wrongful Death Case in New Port Richey, Florida

A wrongful death claim is handled similarly to a personal injury claim in that the victim is entitled to economic and non-economic damages for their suffering. For wrongful death claims, the suffering and costs endured by the surviving family are also considered, leaving the filing party eligible for damages for: 

  • Medical bills
  • Property damage
  • Burial fees
  • Loss of consortium
  • Loss of a parental figure
  • Lost wages or expected income
  • Loss of Net Accumulations to the Estate

When you attempt to file a claim to recover damages without the support of a New Port Richey wrongful death lawyer, you are likely looking at a low settlement and possibly even a dismissed case if the paperwork is not correct. The insurance companies are insensitive to your family matters and will try to get away with providing you minimal compensation for your losses. A New Port Richey wrongful death attorney will demonstrate gross negligence on behalf of the at-fault party and fight vigorously for the financial compensation and justice necessary to move forward. 

Note that Florida currently follows a modified comparative negligence law, meaning you are able to receive compensation even if you are found to be partially at fault for your accident. This is measured on a percentage scale. As long as the victim is not deemed to be more than 50% liable, their family can receive damages on their behalf. 

How a New Port Richey Wrongful Death Attorney Can Help

McPherson & Thomas, P.A. has decades of experience and a deep understanding of how overwhelming and scary the claims process can be, especially after navigating the loss of a family member. While you focus on recovering and healing with friends and family, our team of qualified attorneys will begin an immediate investigation into the wrongful death and begin to build your case and establish causation. We will help with the following:

Establish Liability

Liability is established through the four basic components of negligence, including: 

  • Duty of care
  • Breach of care
  • Causation
  • Damages

We will work to prove that, had the at-fault party not acted negligently and breached their owed standard of care to the victim, the victim would not have suffered their injuries and untimely death. 

Collect Evidence

To fully demonstrate to the court the causation of the injuries and the breach of care, your wrongful death attorney in New Port Richey will use collected and assessed evidence. Depending on the specifics of the accident and injury, this can range from photographs, time-sensitive security camera or traffic camera footage, eyewitness testimony, police reports, medical records, and field expert opinions. 

The sooner your New Port Richey, FL wrongful death lawyer is able to begin investigating and collecting appropriate evidence, the better, as many of the included items are time-sensitive. 

Extensive Legal Knowledge

An obvious benefit of partnering with a dedicated wrongful death attorney is their extensive knowledge of Florida’s personal injury laws and regulations. They will ensure you adhere to the statute of limitations, which is currently two years. This means you have two years from the date of the passing to file the correct paperwork. 

For wrongful death claims, the actual claim itself must be filed by an appropriate party. In the state of Florida, this will be the identified personal representative. This is a title given in the victim’s will. If the victim dies intestate, or without a will, your wrongful death attorney in New Port Richey can help you take the steps necessary to establish a surviving family member, like a spouse, parent, or child, as the personal representative. 

Proving Liability in a Florida Wrongful Death Claim

Proving liability is a crucial step towards seeking justice after the wrongful death of your loved one. To prove liability in your wrongful death claim, one of our New Port Richey attorneys will collect evidence of the four factors of negligence:

  • The at-fault party owed your loved one a duty of care
  • The duty of care owed to your loved one was breached by the at-fault party
  • The breach of duty led to your loved one’s wrongful death
  • You and your family have suffered losses as a result

If you are ready to begin filing your New Port Richey wrongful death claim, contact one of our Florida lawyers as soon as possible.

What Is the Statute of Limitations for Wrongful Death Claims in Florida?

The statute of limitations is the time set by the law that dictates how long a person has to take legal action for a particular incident. In the case of a wrongful death claim, the personal representative of the decedent’s estate has up to two years in the state of Florida to file the claim and pursue justice. 

While two years may seem like a lot of time to file a claim, the wrongful death claims process can be complex and lengthy. That is why it is crucial that you contact our Florida law firm as soon as possible to begin the process of building your claim so we can help you achieve the justice your loved one and family are owed.

Contact a Compassionate New Port Richey Wrongful Death Lawyer 

McPherson & Thomas, P.A. have handled many wrongful death claims and understand the trauma that such circumstances bring to the family and friends of one who has passed due to the negligence of another. 

If a family member has been killed due to the negligence of another, you should call our New Port Richey personal injury lawyers for a free consultation at (727) 496-6381 so we can discuss the specific facts involved in bringing the claim. You can also schedule an appointment using our contact form

John and Martha's True Story

Wrongful Death case and Recovery for Spouse

I recently had a tragic case in which a woman was killed in New Port Richey when she was struck by an automobile while crossing the street.  The reason she was out of her vehicle is that she and her husband had been involved in a minor accident and had stopped to investigate the damage. I had an Estate set up and obtained the policy limits from both motorists.  I work closely with Estate attorneys so that wrongful death claims are pursued in a timely manner.

Our 25 years of experience will ensure that all legal remedies are pursued on your behalf.


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Expert Legal Team at The McPherson and Thomas Law Firm

June 14, 2024

The expert legal team at McPherson and Thomas have over 35 combine years of extensive legal counseling in Florida.

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