Clearwater Wrongful Death Attorneys

Compassionate Guidance After an Unimaginable Loss

Losing someone you love because of another person’s negligence is devastating, and no legal action can ever truly make things whole again. But pursuing a wrongful death claim can provide financial stability during such a painful time, and holding the responsible party accountable could help your family find some closure. At Kemp Law, we understand how deeply personal these cases are, and we are here to help you move forward with care, clarity, and genuinely compassionate legal support.

If you have questions about filing a wrongful death case in Clearwater, please contact us today to speak with a member of our team. Dial (727) 788-6792 to begin.

Wrongful Death Actions vs. Survival Actions in Florida

Florida law allows families to pursue two different but related legal actions after a fatal accident: wrongful death actions and survival actions. A wrongful death action is brought to recover the losses suffered by the surviving family members because of the death. The damages in a wrongful death action typically include the financial and emotional impact of losing someone who provided support, companionship, and care, and these claims focus on the harm done to the survivors.

A survival action, by contrast, addresses the losses the deceased person experienced between the moment of the injury and the time of passing. The damages in a survival action may include medical bills, pain and suffering, or lost wages during the period before death. While the wrongful death claim is for the family, the survival action belongs to the estate. Both types of claims can be filed together, and when appropriate, pursuing both can help achieve a more complete measure of justice and compensation.

Our role is to guide you through these distinctions, explain how each claim works, and handle the legal processes on your behalf. From gathering evidence to managing insurance communication to filing the necessary claims in the appropriate court, we can handle a wrongful death action and a survival action, so you and your family can focus on healing.

Who Can File a Wrongful Death Claim in Florida?

Florida law limits who has the legal right to bring a wrongful death claim. The action must be filed by the personal representative of the deceased person’s estate, but the claim is brought on behalf of the surviving family members who qualify for compensation. If you are the estate representative, you have the right to hire a wrongful death attorney from our firm to act on your behalf, including all steps of the initial filing, of course. 

Eligible survivors usually include:

• Surviving spouse
• Children
• Parents

We can help determine who qualifies as a beneficiary and check that the correct person has been or will be appointed as the personal representative of the deceased person’s estate.

Compensation Available Through Wrongful Death & Survival Actions

When pursuing wrongful death and survival actions together, families may be able to recover financial compensation for a wide range of losses. Wrongful death damages focus on the family’s suffering, while survival action damages address the harm the deceased endured before passing.

Depending on the circumstances, compensation may include:

• Medical expenses related to the final injury
• Funeral and burial costs
• Loss of financial support
• Loss of services the deceased provided
• Loss of companionship, guidance, or protection
• Pain and suffering
• Lost wages and benefits the deceased would have earned
• Conscious pain and suffering experienced before death (survival action)

When both actions are available, they can help address the economic and emotional impact of the loss more fully. Our team works carefully to calculate these damages, supported by expert insight and documentation when necessary, so your family pursues fair and full compensation.

Florida Wrongful Death Claim FAQ

1. How long do I have to file a wrongful death lawsuit in Florida?
Most wrongful death claims in Florida must be filed within two years of the date of death. Certain rare exceptions may apply, so it is important to reach out as early as possible so evidence can be preserved and deadlines are met.

2. Do all family members share the compensation equally?
Not necessarily. Florida law dictates how compensation is allocated based on each survivor’s relationship to the deceased and the losses they experienced. The court may approve or adjust distributions when needed.

3. What types of accidents can lead to a wrongful death claim?
Wrongful death cases can arise from many types of incidents, including vehicle accidents, medical negligence, dangerous property conditions, defective products, workplace accidents, and violent acts. If negligence or intentional wrongdoing played a role in the loss, a wrongful death claim may be available.

Why Choose Kemp Law?

Compassionate Support
Losing a loved one is an emotionally overwhelming experience, and the legal process can add to the stress. At Kemp Law, we provide compassionate support to our clients throughout every step of the legal proceedings. We understand the sensitive nature of wrongful death cases and strive to ease the burden on our clients by handling all aspects of their case with care and empathy.

Extensive Experience
With years of experience representing clients in Clearwater and throughout Florida, we have a proven track record of success in wrongful death cases. Our attorneys are well-versed in the intricacies of Florida’s legal system and have the skills and resources necessary to pursue maximum compensation for our clients.

Personalized Attention
At Kemp Law, we believe in providing personalized attention to each of our clients. We take the time to listen to their stories, understand their needs and concerns, and tailor our legal strategies accordingly. Our goal is to achieve the best possible outcome for every client we serve, and we work tirelessly to advocate for their rights.

Call Today for Legal Support During a Difficult Time

You shouldn’t have to navigate the legal system alone while grieving. Our Clearwater wrongful death attorneys are here to help you understand your rights, protect your family’s interests, and pursue justice with compassion and care. If you believe negligence contributed to your loved one’s death, take legal action now.

Contact Kemp Law online or call (727) 788-6792 today to schedule a no-cost consultation.