Losing a loved one or someone you know dearly in a car accident can be incredibly traumatic, and no one can ever prepare to suffer that amount of pain. Grieving the loss of a loved one often coincides with great uncertainty and financial hardships. You could have lost a major contributor to your household income, worsening the pain of your loss. Not only is it an incredibly emotional and heartbreaking time, but it can also be greatly stressful through no fault of your own.
If you have lost a loved one in a Tampa car accident, our car accident lawyers at The Law Place in Tampa, FL, can help you. Our accident attorneys will be able to use their wealth of experience to help you recover the compensation you deserve if you have lost a loved one in an auto accident. Personal injury lawyers at The Law Place can help recover compensation for medical expenses, pain and suffering, wrongful death, and much more.
If you are thinking of claiming if you have lost a loved one in an auto accident, contact The Law Place in Tampa, FL, today for a free consultation. We are available 24 hours a day, seven days a week. Call us today on (941) 444-4444.
Fatal Car Accidents in Tampa County
Car accidents are, unfortunately, common occurrences in Florida and happen 24 hours a day. Florida Highway Safety and Motor Vehicles (FLHSMV) have published a report which states that in 2018 there were 403,626 auto accident cases, 3,135 of which resulted in fatalities. This figure saw an increase of 0.61% from the previous year, 2017, where there were 402,385 car accidents.
Distracted driving plays a major factor in a lot of car accidents. A driver who is texting and distracted while driving is commonly the cause of a fatal car accident. A fatal car accident can also be caused by a driver driving under the influence of alcohol and/or drugs. An auto accident caused by one of these reasons can be incredibly painful for loved ones, as the knowledge that the accident could have so easily have been avoided is heart-breaking and incredibly frustrating to know.
An auto accident in Tampa, which could result in a fatality, can also be caused by the weather and poor road conditions. You may have lost a loved one through no fault of any of the drivers involved in the car accident.
No matter the cause of the auto accident which took the life of your loved one, a Tampa car accident attorney can help you receive some form of compensation. We understand how difficult this time can be for families grieving a loved one, and that is why we promise to do all we can to make the legal process as easy as possible for our clients.
A personal injury lawyer at The Law Place in Tampa will handle all the negotiations and paperwork with the insurance company, so you don’t have to. Our Tampa car accident attorneys strive to achieve the best possible outcome for their clients. If you are thinking of filing a claim for compensation for the loss of a loved one, contact The Law Place today for a free consultation.
What Is Wrongful Death?
Wrongful death essentially means a death wrongfully caused by an action of another, regardless of whether that action is intentional or purely accidental. When someone loses their life in a Tampa car accident as the result of another party’s reckless actions and behavior, car accident lawyers can file a lawsuit seeking compensation for the loved ones of the deceased. Not only this, but a car accident lawyer will be able to help the deceased person’s family hold the other party accountable for their reckless actions and involvement in the Tampa car accident.
Wrongful death lawsuits are civil cases, not criminal cases, and this means that there will be no need for you or your Tampa car accident lawyer to prove that the other party had a particular intent to harm or kill.
This can seem like a very daunting process, but hiring car accident lawyers can be majorly beneficial to you. A car accident lawyer will have all the legal knowledge and experience to know how to effectively file your claim and win you the compensation you are entitled to from an insurance company. Any money recovered can be majorly beneficial in covering the medical bills caused by any injuries suffered in the car accident, as well as contribute to household bills and much more.
If you have suffered injuries or have lost a loved one in a car accident, contact a personal injury lawyer at The Law Place in Tampa, FL, today. We are here for you.
Who Can File a Wrongful Death Lawsuit After a Car Accident Resulting in a Fatality?
In Tampa, a wrongful death claim can only be filed by the personal representative of the deceased person. Florida Statute 768.21 was enacted to help families of wrongful death victims. The legislation helps families navigate the process of claiming compensation from an insurance company. Additionally, the statute also outlines who exactly is eligible to be the personal representative of the deceased person.
This legislation states that the spouse of the victim, the children, and the parents are eligible to file the wrongful death lawsuit in an attempt to recover compensation from an insurance company. It is also important to note that if the victim had a sibling or another blood relative as their dependant, they too would be able to file the claim.
Only the personal representative of the deceased person can file a claim for wrongful death, and this person is typically named on the will of the deceased person. If no will was created or no specific person named, a court will usually appoint the spouse as the representative. However, if the deceased was never married, the family members of the deceased person will usually come to a mutual agreement of whom should be the personal representative to speak on behalf of their group.
Filing a wrongful death lawsuit can seem like a very complex process, but a Tampa car accident attorney at Law The Place will be able to guide you through the whole process. Our car accident lawyers have a wealth of experience in filing wrongful death lawsuits and recovering compensation that covers medical bills, pain and suffering, lost wages, and much more. Don’t hesitate to contact us today to speak to one of our car accident attorneys in a free consultation if you are thinking of filing a lawsuit against an insurance company.
Compensation for Auto Accidents Resulting in Fatalities
We understand that no amount of money will ever make up for the fact that you’ve lost a loved one. Although recovering compensation can ease some of the additional stresses you may be facing as the result of losing that loved one.
The damages that can be recovered following a car accident in Florida include:
- Medical Bills – You could be able to receive compensation to cover the medical treatment given to your loved one after they suffered injuries in the car accident.
- Loss of Wages – Losing a loved one could have majorly impacted the amount of financial income your family receives. You have not only lost your beloved family member, but also any wages they would have earned in the future and contributed to household expenses. A personal injury attorney can help recover compensation for these losses.
- Pain and Suffering – You can recover compensation for the pain and suffering you have experienced through the trauma of losing a loved one.
- Loss of Companionship – If the deceased person is leaving behind a spouse or children, it is possible to recover compensation for the loss of companionship, care, and comfort.
- Loss of Parental Guidance – If the fatality of the car accident is leaving behind children, compensation can be awarded to those children in an attempt to compensate for the loss of advice and guidance their parent would have provided in their lives.
- Cost of Funeral Arrangements – The expenses of losing a loved one can come as a shock. It is important to document all of the expenses, such as funeral and burial arrangements. This is because a personal injury attorney may be able to achieve compensation from an insurance company to cover those costs.
In order for you to receive compensation, a car accident attorney at The Law Place will build you a strong case. An accident attorney will fully investigate the case and collect all of the necessary evidence to prove to an insurance company that your loved one suffered injuries and consequently lost their life through no fault of their own.
An injury attorney at The Law Place can begin your process of achieving compensation today. Don’t hesitate to contact us for a free consultation. A Tampa injury attorney will work as hard as they can to ensure that you and your family receive the compensation you are entitled to from insurance companies.
Statute of Limitations in Tampa Wrongful Death Cases
In the state of Florida, according to the Florida Statues 95.11, wrongful death claims must be filed within two years after a person lost their life in an accident. After losing a loved one, two years can initially seem like a long time. However, we recommend that it is in your best interest to seek the help of an injury attorney as soon as possible after the accident.
Beginning the process of claiming compensation for a loved one immediately after losing them can be incredibly challenging, considering you are like to be in the early stages of grieving. However, it important that you act quickly to ensure that no evidence is lost, and you receive the maximum amount of justice. Additionally, acting early can help an injury attorney gather witness statements to ensure that your case will be as strong as possible when handed to the insurance companies by your attorney.
Another reason why it is vital to act quickly is that the insurance companies of the party at fault will likely begin investigating and building their defense case immediately after the accident has occurred.
We understand that claiming for wrongful death is a very difficult process. An injury lawyer at The Law Place will be by you and your family’s side for the whole process. Your lawyer will be fully committed to your family and helping you all achieve the justice that you are entitled to. Contact us today to schedule a free case evaluation. You can call us at (941) 444-4444.
The Process of Filing for Wrongful Death
As soon as you contact a reputable law firm such as The Law Place in Florida, you will be allocated a highly experienced lawyer from our team. We will discuss your case in a free case evaluation and will clearly present to you your best legal options, our fees, and what you should expect going forward. The advice that we give you at this stage will be a rough guideline of how we expect your case to proceed, considering what we know about cases like yours from previous cases we have handled.
Following this, a skilled personal injury lawyer will thoroughly evaluate your case and honestly tell you whether they think your case could receive compensation for your damages from insurance companies.
Your lawyer will then carry out an in-depth investigation of the accident. They will try and establish what exactly happened and who is at fault, as well as gathering all the necessary evidence required to prove the innocence of your loved one. They may even reach out to accident reconstruction teams or other professionals who can help solidify your claim for compensation from insurance companies.
To recover damages from an insurance company, your lawyer would have to be able to your losses. This is why it is important to document and make a note of all of your expenses following the loss of a loved one. Your lawyer may also reach out to experts to try and establish the amount of future losses you would be likely to face as the result of losing your loved one.
The insurance companies of the party at fault may offer you a settlement. If, however, this settlement is unfair and does not fully equate to what you should be entitled to, your accident attorney will file a lawsuit in Tampa county court with your approval.
What a Wrongful Death Lawyer Can Do For You
Experiencing the loss of a loved one due to someone else’s negligence or misconduct is a profoundly traumatic experience. In such times, a wrongful death lawyer can provide invaluable assistance and support. Here’s what a wrongful death lawyer from The Law Place can do for you:
Understanding and Explaining Your Legal Rights
The lawyers at The Law Place have an in-depth understanding of the nuances of wrongful death claims. A wrongful death lawyer can explain your rights in clear terms, helping you understand the legal framework and what compensation you might be entitled to.
Investigating the Incident
The Law Place will conduct a thorough investigation into the incident that led to your loved one’s death. This includes gathering evidence, interviewing witnesses, and consulting with experts to build a strong case.
Dealing with Insurance Companies
Insurance companies often try to minimize the compensation paid out in wrongful death cases. A wrongful death lawyer from The Law Place will handle all communications with the insurance companies, ensuring that your rights are protected and that you receive the fair compensation you deserve.
Calculating damages in a wrongful death case can be complex. The Law Place will take into account medical bills, funeral expenses, loss of income, loss of companionship, and other factors to ensure that the compensation covers all the damages you’ve suffered.
Legal Representation in Court
If the case goes to court, having a wrongful death lawyer from The Law Place by your side is crucial. They will provide skilled legal representation, presenting your case effectively and fighting for your rights.
Providing Compassionate Support
Apart from legal assistance, The Law Place understands the emotional toll of wrongful death cases. They provide compassionate support throughout the process, ensuring that you feel heard and understood.
Navigating Complex Legal Procedures
Wrongful death claims involve complex legal procedures and paperwork. The Law Place will handle all legal formalities, allowing you to focus on healing and recovery.
No Win, No Fee Representation
Many wrongful death lawyers, including those at The Law Place, work on a contingency basis. This means you don’t pay unless they win the case for you, reducing your financial burden during this difficult time.
Wrongful Death Lawsuit: Navigating Court Proceedings and Understanding Punitive Damages
When a wrongful death lawsuit proceeds to court, it marks a critical phase in the pursuit of justice for the loss of a loved one. This stage involves presenting your case before a judge or jury, where the complexity and emotional intensity can be significantly higher than in pre-trial negotiations. Understanding the process and the potential for punitive damages is crucial.
Preparing for Court
A wrongful death lawsuit in court requires meticulous preparation. This includes gathering all necessary evidence, such as medical records, witness statements, and expert testimonies. Lawyers with experience in wrongful death cases will prepare to present a compelling narrative that clearly demonstrates how the defendant’s negligence or wrongful actions caused the death of your loved one.
Proving Liability and Damages
In court, the burden of proof lies with the plaintiff. Your legal team must prove beyond a preponderance of the evidence that the defendant’s actions directly led to the wrongful death. This includes establishing a direct link between the defendant’s actions and the fatal outcome, as well as detailing the damages suffered, such as loss of income, medical expenses, funeral costs, and loss of companionship.
The Role of Punitive Damages
Unlike compensatory damages, which aim to reimburse the plaintiff for losses incurred, punitive damages serve a different purpose. They are intended to punish the defendant for particularly reckless or egregious behavior and to deter similar conduct in the future. In wrongful death cases, punitive damages are not always awarded; they are typically reserved for situations where the defendant’s actions were especially harmful or showed a disregard for human life.
The Decision-Making Process
In a wrongful death trial, the judge or jury evaluates all presented evidence and arguments. The decision regarding liability and the amount of compensation, including the potential award of punitive damages, rests in their hands. The verdict will be based on the legal standards set forth in wrongful death statutes and the persuasive ability of the evidence and arguments presented.
The Emotional Aspect
Court proceedings in a wrongful death case can be emotionally taxing for the family members involved. Reliving the circumstances of a loved one’s death and dealing with the adversarial nature of a court trial can be challenging. It’s important to have a support system in place, including a compassionate legal team that understands the emotional weight of the process.
Tampa Fatal Car Accident Lawyer, FAQ
What should I do first in a car accident case involving a fatality in Tampa?
In any car accident case, especially those involving fatalities, it is crucial to contact the authorities immediately. After ensuring that you have received any necessary medical attention, it’s advisable to consult with an auto accident attorney. They can guide you through the legal process and help protect your rights.
How is a fatal car crash case different from other car accident cases?
Fatal car crash cases are more complex than typical car accident cases. They often involve more in-depth investigations, larger insurance claims, and potentially, wrongful death claims. These cases require a meticulous approach to gather evidence and build a strong case.
How do I handle the insurance claim for a fatal car accident?
Dealing with an insurance claim in the aftermath of a fatal accident can be overwhelming. It’s important to remember that insurance companies may not always have your best interests in mind. An experienced accident lawyer in Tampa can handle negotiations with the insurance company and ensure that you receive fair compensation.
What is personal injury protection and how does it apply in fatal car accident cases?
Personal Injury Protection (PIP) is a coverage in auto insurance policies in Florida that covers medical expenses and lost wages, regardless of who is at fault. In fatal car accident cases, PIP can provide immediate financial assistance for medical expenses and other related costs.
Can I claim compensation for car accident injuries if I lost a loved one in the crash?
If you have suffered car accident injuries or lost a loved one in a car crash, you are entitled to seek compensation. This can include medical expenses, pain and suffering, and loss of companionship. An auto accident attorney can help you understand your rights and the compensation you may be eligible for.
Why should I hire an accident lawyer in Tampa for a fatal car accident case?
Hiring an accident lawyer in Tampa is essential in fatal car accident cases. They have the experience to navigate the complexities of such cases, including dealing with insurance companies, filing wrongful death claims, and representing car accident victims in court if necessary.
What rights do car accident victims have in fatal accident cases in Tampa?
Car accident victims, including the families of those who have lost their lives, have the right to seek compensation for their losses. This includes medical expenses, funeral costs, loss of income, and other damages related to the accident. An experienced lawyer can help ensure that these rights are fully protected.
Does Every Wrongful Death Case Go to Court?
No, not every wrongful death case goes to court. Many cases are settled out of court through negotiations between the parties involved. If a settlement can be reached that is satisfactory to all parties, the case may be resolved without the need for a trial.
Contact Our Tampa Car Accident Lawyers Today
If you have unlawfully lost a loved one in a car accident, contact an attorney at The Law Place as soon as possible. An accident attorney will be able to review all of the facts, gather statements, collect evidence, and build your case to prove that your loved one was lost as the result of another person’s negligence.
You don’t have to navigate the complicated laws of Florida alone. We are here for you and your family.
Fatality accident lawyers at The Law Place strive to achieve the best possible outcomes for our clients. They will devote their full attention to you and your family whilst guiding you through this difficult time with care and compassion. We will give you honest and unbiased advice on what the best legal options are available to you.
If you have lost a loved one as the result of someone else’s negligence, contact our experienced legal team at The Law Place today. We are available 24 hours a day, seven days a week. Unlike other law firms in Florida, we work on cases as a team, so you will benefit from over 75 years of our combined experience. Call us today to speak to an experienced car accident lawyer at (941) 444-4444.