Fatal Car Accidents
Automobile collisions involving alleged driver negligence, impairment, distraction or other wrongful conduct.
St. Johns Law Group · St. Augustine, Florida
St. Augustine Wrongful Death Lawyers
Compassionate Counsel. Serious Litigation. Local Representation.
When a family loses someone because of another person's or company's alleged negligence or wrongful conduct, the legal issues can become difficult at the same time the family is dealing with profound loss.
St. Johns Law Group represents families and personal representatives in Florida wrongful-death matters involving fatal motor-vehicle crashes, unsafe property conditions and other qualifying negligence claims.
Has Your Family Lost a Loved One?
Wrongful-death claims can involve important evidence, insurance issues, probate considerations and filing deadlines.
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Free initial wrongful-death consultation.
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No attorney's fee unless compensation is recovered.
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Evaluation of survivors, estate issues and available claims.
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Local St. Augustine counsel backed by a litigation team.
Florida Wrongful Death Claims
A Wrongful Death Case Is Different From an Ordinary Injury Claim
Florida's Wrongful Death Act determines who brings the action, who may benefit from it and which categories of damages may potentially be recovered.
The lawsuit is brought by the decedent's personal representative for the benefit of qualifying survivors and the estate. The potential damages depend on the relationship between the decedent and each survivor, the circumstances of the death and the applicable law.
These cases can also require coordination between personal injury litigation and probate or estate administration.
- Investigation of the fatal incident
- Identification of potentially responsible parties
- Insurance and asset investigation
- Identification of statutory survivors
- Personal representative and estate issues
- Evaluation of survivor and estate damages
Fatal Accident Claims
Wrongful Death Matters We Handle
A wrongful-death claim may arise when negligence or other legally actionable conduct allegedly causes a person's death.
Fatal Truck Accidents
Commercial truck and tractor-trailer crashes involving drivers, carriers and potentially multiple responsible parties.
Fatal Motorcycle Accidents
Motorcycle collisions involving visibility, right-of-way and serious roadway impacts.
Pedestrian Deaths
Fatal vehicle-pedestrian crashes at roadways, intersections, crosswalks and other locations.
Premises-Related Deaths
Fatal incidents allegedly resulting from dangerous or negligently maintained property conditions.
Boating & Watercraft Deaths
Fatal incidents involving boats, jet skis and other recreational watercraft.
Bicycle & E-Bike Deaths
Fatal collisions involving bicycles, electric bicycles and motor vehicles.
Tourist & Vacation Accidents
Fatal accidents affecting visitors to St. Augustine and Northeast Florida.
Other Negligence Claims
Other fatal incidents in which negligence or wrongful conduct may provide a legal basis for recovery.
Personal Injury Counsel
Serious Representation for Families After a Fatal Accident
Joshua R. Saxon · Personal Injury & Civil LitigationJoshua R. Saxon leads St. Johns Law Group's personal injury practice and represents clients in wrongful-death, serious injury and civil litigation matters.
Wrongful-death cases can require detailed investigation, insurance analysis, expert testimony, economic evidence, probate coordination and careful evaluation of the losses suffered by individual survivors.
- Personal injury and civil litigation practice
- More than 18 years of litigation experience
- Licensed in Florida and Georgia
- State and federal court litigation experience
- Supported by St. Johns Law Group's broader litigation team
After a Fatal Accident
Five Early Issues That May Need Attention
Families should be able to focus on one another, but certain legal and evidentiary issues can be time-sensitive.
Preserve Evidence
Identify crash reports, photographs, video, witnesses and other potentially important evidence.
Identify Insurance
Determine potentially applicable liability, UM/UIM and other insurance coverage.
Identify Survivors
Determine the family members and dependents potentially recognized as survivors under Florida law.
Address the Estate
Determine whether a personal representative has been appointed and whether probate administration is required.
Get Legal Review
Evaluate liability, damages, deadlines and the appropriate path forward.
Preserving Evidence
The Investigation Should Begin Before Evidence Disappears
Fatal accidents are often investigated by law enforcement, insurers and other entities, but the existence of an official investigation does not necessarily preserve every piece of evidence relevant to a civil claim.
Depending on the incident, potentially important evidence may include video, photographs, electronic vehicle information, physical evidence, witness accounts, business records, medical records and insurance information.
Important evidence can be lost or overwritten.
Surveillance video, electronic data, vehicles and business records may require prompt identification and preservation.
- Police and crash reports
- Photographs and video
- Witness statements
- Vehicle and physical evidence
- Electronic records and data
- Medical and causation evidence
- Insurance policies
- Economic and employment records
Florida Wrongful Death Act
Who Brings a Florida Wrongful Death Claim?
Florida's Wrongful Death Act creates a specific structure for bringing the claim and distributing recoverable damages.
The Personal Representative Brings the Action
Under Florida law, the wrongful-death action is brought by the decedent's personal representative for the benefit of the decedent's qualifying survivors and estate.
Potential Beneficiaries Must Be Identified
The complaint identifies the potential beneficiaries of a wrongful death recovery and alleges their relationships to the decedent.
Survivor Rights Can Differ
The categories of damages available to a surviving spouse, children, parents or other qualifying survivors can differ under the statute.
The Estate May Have Separate Damages
Certain losses may be recoverable for the estate in addition to damages awarded for the benefit of individual survivors.
Family relationship matters under the statute.
Not every family member is entitled to every category of wrongful-death damages. The analysis should be based on the specific family structure and applicable Florida law.
Statutory Survivors
Who May Qualify as a Survivor?
Florida defines “survivors” by statute, and the available damages can vary based on the relationship to the person who died.
Surviving Spouse
A surviving spouse may potentially recover statutorily authorized losses, including certain companionship, protection and mental-pain damages.
Children
Children may qualify as survivors, although the categories of damages available can depend on age, the existence of a surviving spouse and the type of underlying claim.
Parents
Parents may qualify as survivors in circumstances defined by the Wrongful Death Act, with available damages depending on factors such as the age of the decedent and other survivors.
Certain Dependent Relatives
Certain blood relatives and adoptive siblings who were partly or wholly dependent on the decedent for support or services may fall within Florida's statutory definition of survivor.
Wrongful Death Damages
What Damages May Be Recoverable?
Florida law separates survivor damages from certain losses recoverable for the decedent's estate.
Lost Support
Qualifying survivors may recover the value of certain lost financial support.
Lost Services
The value of services the decedent provided may be recoverable where authorized.
Spousal Losses
A surviving spouse may have claims for statutorily authorized loss of companionship and protection.
Mental Pain & Suffering
Certain survivors may recover mental-pain damages when authorized by Florida law.
Parental Companionship
Certain children may have claims for lost parental companionship, instruction and guidance.
Medical Expenses
Qualifying medical expenses associated with the injury and death may be recoverable.
Funeral Expenses
Funeral expenses may be recoverable by a survivor or the estate, depending on who incurred them.
Estate Losses
The estate may recover certain lost earnings, prospective net accumulations and other statutorily authorized losses.
What Happens Next?
The Wrongful Death Claim Process
These cases often require coordination of liability litigation, insurance issues and estate administration.
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Consultation
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Investigation
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Estate Review
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Survivor Analysis
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Damages & Insurance
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Negotiation
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Litigation When Needed
Full-Firm Legal Resources
Wrongful Death Cases Can Require a Broader Legal Team
Serious liability litigation can overlap with probate, insurance and estate issues.
St. Johns Law Group's personal injury practice is supported by civil litigators and attorneys across the firm. When a wrongful-death matter requires substantial discovery, depositions, expert witnesses, probate coordination, mediation, trial preparation or courtroom advocacy, those resources are available within the same law firm.
3 • 3 • 3
3 Jury Trials • 3 Months • 3 Wins
Recent civil jury-trial experience across the SJLG litigation team.
Every matter is different. Past results do not guarantee or predict a similar result in any future case.
Related Personal Injury Matters
Explore Related Fatal Accident Resources
Wrongful Death FAQs
Common Questions About Florida Wrongful Death Claims
Who files a wrongful death lawsuit in Florida?
Florida law provides that the action is brought by the decedent's
personal representative for the benefit of the decedent's qualifying
survivors and estate.
Who can recover damages after a wrongful death?
Florida's Wrongful Death Act defines the potential survivors and the
categories of damages available to each. The analysis depends on the
decedent's spouse, children, parents, certain dependent relatives and
the particular circumstances of the claim.
What damages can a surviving spouse recover?
A surviving spouse may potentially recover certain lost support and
services and, where authorized by the statute, damages for loss of
companionship and protection and mental pain and suffering.
Can children recover after the death of a parent?
Children may qualify as survivors. The categories of damages
available depend on factors that can include age, whether there is a
surviving spouse and the nature of the underlying claim.
Can parents recover after the death of a child?
Florida law provides certain potential claims for parents following
the death of a child, but the available damages can depend on the
child's age, other survivors and the type of underlying claim.
Does an estate have to be opened?
Because the wrongful-death action is brought by the decedent's
personal representative, probate or estate-administration issues may
need to be addressed. The appropriate procedure depends on the
decedent's estate and circumstances.
How long do I have to file a wrongful death claim in Florida?
Florida generally applies a two-year limitations period to wrongful
death actions, but important exceptions and different notice periods
can apply, including in certain claims involving governmental
entities, medical negligence, intentional conduct or other special
circumstances. Prompt legal review is important.
How much is a wrongful death case worth?
There is no universal formula. Liability, the identity and
relationships of survivors, lost support and services, the decedent's
earnings, insurance coverage, medical and funeral expenses, estate
losses and other legally recoverable damages can affect value.
Florida Wrongful Death Resources
Related Legal Resources & Tools
FAQ Center
Florida Personal Injury FAQs
Answers concerning injury claims, insurance, damages, deadlines and litigation.
View FAQs → Estate AdministrationFlorida Probate & Estate Administration
Learn about personal representatives, estate administration and probate issues that may overlap with a wrongful-death matter.
Explore Probate → Personal Injury CenterFlorida Personal Injury Resource Center
Explore accident pages, legal guides, FAQs and other personal injury resources.
Explore Personal Injury →
Recent Legal Insights
Recent Wrongful Death & Personal Injury Articles
Recent guidance from St. Johns Law Group concerning fatal accidents, insurance, negligence and Florida personal injury law.
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Northeast Florida
Local Wrongful Death Representation in St. Augustine
Families facing a wrongful-death claim may be dealing with law enforcement, insurers, probate administration and civil litigation at the same time.
St. Johns Law Group is based in St. Augustine and represents clients throughout St. Johns County and surrounding Northeast Florida communities.
Our full-service structure allows the personal injury team to coordinate with other SJLG attorneys when probate, estate, property or related litigation issues become part of the matter.
St. Johns County
St. Augustine, St. Augustine Beach, Ponte Vedra, Nocatee, Vilano Beach, Silverleaf, World Golf Village, Fruit Cove, Julington Creek, Hastings and Elkton.
Flagler County
Palm Coast, Flagler Beach, Bunnell and nearby communities.
Duval County
Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Mandarin, San Marco and Southside.
Clay & Putnam Counties
Green Cove Springs, Fleming Island, Middleburg, Palatka, East Palatka and surrounding communities.
Free Wrongful Death Consultation
Talk With a St. Augustine Wrongful Death Lawyer.
Tell us generally what happened. Our legal team can review the circumstances, potential survivors, estate issues, insurance and possible next steps.
Telephone
(904) 495-0400
Email
info@sjlawgroup.com
Personal injury and wrongful-death matters may be handled on a contingency-fee basis. The written representation agreement controls the actual fee arrangement, costs and other terms.
Contact St. Johns Law Group
Tell Us About Your Inquiry
Provide basic information about the incident and the person who died.
The information on this website is not intended to be legal advice. Submission of this form does not establish an attorney-client relationship. A person may become a client only after a conflict check and through a written engagement agreement. Do not include confidential or sensitive information in this form.