Wrongful Death Attorney in Clearwater
Losing a loved one due to someone else’s negligence, recklessness, or misconduct is a devastating experience. While no amount of compensation can replace the loss of a family member, a wrongful death lawsuit can help families seek justice, hold responsible parties accountable, and recover financial losses caused by the death of their loved one.
At McGuire Megna Attorneys, our experienced Clearwater wrongful death lawyers are committed to helping grieving families navigate this difficult time and secure the compensation they deserve. If you have lost a loved one due to medical malpractice, a car accident, workplace negligence, or any other preventable cause, contact us today for a free consultation to discuss your legal options.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action brought against a person, company, or entity whose negligence or intentional misconduct caused the death of another person. Under Florida law (Florida Statutes § 768.21), surviving family members may seek compensation for medical expenses, funeral costs, lost income, and emotional suffering.
Common Causes of Wrongful Death
- Car Accidents – Fatal crashes caused by reckless driving, speeding, DUIs, or distracted driving.
- Motorcycle Accidents – Lack of protection for motorcyclists often leads to deadly injuries.
- Truck Accidents – Large commercial trucks can cause catastrophic fatalities due to driver fatigue or improper maintenance.
- Medical Malpractice – Fatal errors in diagnosis, surgery, or medication mistakes.
- Workplace Accidents – Dangerous conditions in construction, industrial, and manufacturing jobs can lead to deadly incidents.
- Slip and Falls – Premises liability accidents resulting in fatal head injuries or internal trauma.
- Defective Products – Dangerous consumer products, auto parts, or medical devices causing fatal injuries.
- Criminal Acts & Negligent Security – Assaults, shootings, or crimes that occur due to a property owner’s negligence.
If your loved one passed away due to any of these causes, you may be eligible to file a wrongful death claim.
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Who Can File a Wrongful Death Lawsuit in Florida?
In Florida, only the personal representative (executor) of the deceased’s estate can file a wrongful death lawsuit on behalf of eligible family members, including:
- The spouse of the deceased
- Children of the deceased
- Parents (if the deceased was a minor or had no spouse/children)
- Any dependent blood relatives
Compensation from a wrongful death case is typically distributed among surviving family members based on their relationship with the deceased.

Compensation in a Wrongful Death Lawsuit
A successful wrongful death claim may provide financial relief for:
1. Economic Damages
- Medical expenses for treatment before death
- Funeral and burial costs
- Loss of financial support (wages, benefits, pensions)
2. Non-Economic Damages
- Pain and suffering endured by surviving family members
- Loss of companionship and guidance for spouses and children
- Emotional distress and trauma caused by the unexpected death
3. Punitive Damages (if applicable)
- Additional compensation awarded in cases of gross negligence or intentional misconduct, such as DUI fatalities or medical malpractice.
Our Clearwater wrongful death attorneys will work diligently to ensure you receive maximum compensation for your loss.
How to Prove a Wrongful Death Claim
To succeed in a wrongful death case, you must prove the following elements:
- Duty of Care: The defendant owed the deceased a duty of care (e.g., drivers must follow traffic laws, doctors must provide proper medical treatment).
- Breach of Duty: The defendant failed to uphold their duty of care through negligence or wrongdoing.
- Causation: The breach of duty directly caused the victim’s death.
- Damages: Surviving family members suffered financial or emotional losses.
Our legal team at McGuire Megna Attorneys gathers medical records, accident reports, expert testimony, and witness statements to build a strong case for your family.
Why Choose McGuire Megna Attorneys for Your Wrongful Death Case?
- Decades of Experience handling complex wrongful death claims.
- Compassionate Legal Support for grieving families.
- Aggressive Representation against insurance companies and corporations.
- No Fees Unless We Win – You don’t pay unless we recover compensation for you.
Losing a loved one is tragic, but you don’t have to face it alone. Let us fight for justice and financial security on your behalf.
Contact McGuire Megna Attorneys Today
If you have lost a loved one due to negligence or wrongful actions, you deserve justice and financial compensation. The Clearwater wrongful death attorneys at McGuire Megna Attorneys are ready to fight for your family.
Call us today for a free consultation!

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Frequently Asked Questions
If you’re considering filing a wrongful death lawsuit, you likely have many questions about eligibility, compensation, and the legal process. At McGuire Megna Attorneys, we understand that this is a difficult time, and we are here to provide clear answers and legal guidance. Below are some of the most frequently asked questions about wrongful death claims in Florida. If you need further assistance, contact us for a free case evaluation.
Florida law allows two years from the date of death to file a wrongful death lawsuit. Exceptions apply in cases involving criminal acts, fraud, or medical malpractice.
Yes. Under Florida’s modified comparative negligence rule, you can still recover damages if the deceased was less than 50% responsible for the accident.
A wrongful death lawsuit is separate from criminal cases. You can file a civil lawsuit for financial damages even if the defendant is not convicted in criminal court.
The timeline varies based on case complexity, negotiations, and whether the case goes to trial. Most cases settle within 12-24 months, but complex cases may take longer.
Florida law allows a court-appointed personal representative to file a wrongful death claim on behalf of eligible family members.
In some cases, yes. If negligence, unsafe conditions, or defective equipment caused the death, you may have a third-party wrongful death claim against the employer or manufacturer.
Most wrongful death cases settle out of court, but we are prepared to take your case to trial if necessary.
At McGuire Megna Attorneys, we work on a contingency fee basis, meaning you pay nothing unless we win your case.
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CONTACT INFO
- 1173 N.E. Cleveland Street Clearwater, FL 33755
- 727-446-7659
- 727-446-0905
- info@mcguirelawoffices.com