Losing a loved one is incredibly painful, and having to juggle with funeral costs as well as the grief that you’re experiencing can be an unnecessary burden.
This process can be even more overwhelming when the family member’s death was unexpected and avoidable, especially if it was as a result of another person’s negligence or reckless decisions. If this is, unfortunately, the case for you, then you may be able to file a wrongful death lawsuit to be able to receive compensation, which can help you in this difficult time of your life. In order to pursue this claim, you will need help from a wrongful death attorney.
If you have experienced a wrongful death in your family in Tampa or elsewhere in Florida, then it’s critical that you contact us at The Law Place to get in touch with our Tampa wrongful death attorneys. Our law firm will be able to offer you a free consultation and provide you with the support and representation that you need to secure the justice that you deserve.
Call us today on (813) 544-4444.
How a Wrongful Death Lawyer Can Help
A wrongful death lawyer plays a pivotal role in helping families navigate the aftermath of a tragic loss. Their legal experience, investigative skills, and compassionate approach are crucial in securing justice and fair compensation for the families affected by wrongful death.
Providing Experienced Legal Guidance
A wrongful death lawyer brings a wealth of legal knowledge and experience, particularly important in these complex cases. They help navigate the intricate legal system and provide advice on the best course of action. This guidance includes interpreting Florida’s wrongful death laws, understanding the nuances of each case, and advising on the potential outcomes and the best legal strategies to pursue.
Investigating the Case
An in-depth investigation is crucial in wrongful death cases. A wrongful death lawyer will meticulously gather and analyze all relevant evidence, which may include medical records, accident reports, eyewitness testimonies, and expert opinions. This thorough investigation is essential to build a strong case and establish the liability of the responsible party.
Handling All Legal Procedures
From filing the lawsuit to navigating court procedures, a wrongful death lawyer manages all legal aspects of the case. This includes drafting and filing necessary legal documents, meeting critical deadlines, and ensuring compliance with all procedural requirements. They take on the burden of these legal tasks, allowing the family to focus on healing and coping with their loss.
Negotiating with Insurance Companies
Wrongful death lawyers are skilled negotiators, often engaging with insurance companies to seek fair settlements. They understand the tactics used by insurers to minimize payouts and are prepared to counter these strategies effectively. Their negotiation skills are crucial in securing adequate compensation without the need for a trial.
Providing Representation in Court
If a fair settlement cannot be reached, a wrongful death lawyer will provide robust representation in court. They present the case compellingly, advocate on behalf of the deceased’s estate and surviving family members, and argue for the rightful compensation before a judge or jury.
Offering Compassionate Support
Beyond legal assistance, wrongful death lawyers often provide emotional support to grieving families. They understand the emotional weight of these cases and offer compassionate guidance through each step of the legal process. Their support can be invaluable during such a difficult time.
What Is a Wrongful Death Case in Tampa, FL?
Before you get in touch with a law firm to book a free case evaluation, you may want to know more information about wrongful deaths in Tampa.
Generally, wrongful death is a death that could have been avoided, as it was caused by another person’s negligent or reckless act. The most common causes of wrongful death are listed below:
- Assault and battery.
- Accidental death that occurs while committing another crime, such as a robbery.
- Negligence, such as reckless driving.
- Vehicular manslaughter and other types of manslaughter.
If your loved one has died because of one of these wrongful acts, or because of another wrongful act, then you may be able to sue the individual who is responsible for their death, on behalf of your family.
A wrongful death claim can be filed by both the executor of the deceased’s estate and the deceased’s remaining family members (often only close relatives).
The Florida Wrongful Death Act law, under Florida Statute 768.16, can help you determine whether you have a wrongful death claim in Tampa and information regarding your specific case. If you are unsure if your claim is valid, then you can contact a wrongful death lawyer in Tampa. Wrongful death lawyers will be able to help guide you through your rights.
The sooner you contact a wrongful death claim lawyer, the better the chances of winning your case. A wrongful death lawyer from The Law Place will have the experience of dealing with Florida law needed, so call us today for a free case evaluation.
Your Legal Rights in a Florida Wrongful Death Claim
Under Florida law, anyone who causes death as a result of careless or negligent behavior can be held legally responsible, whether the one accountable is an individual, company, or even a government body. A Tampa wrongful death claim will allow you, as the family member of a lost loved one, to pursue a lawsuit in the court of law. You could be able to receive compensation for:
- Medical bills – If any medical expenses were incurred to treat the deceased’s injury/injuries before their death, then you could be entitled to compensation to cover this.
- Funeral expenses – You may be awarded money to cover any funeral costs.
- Lost wages – you may receive money to cover the income that the deceased would have earned over their lifetime to provide support.
- Lost companionship – This is to compensate the family for the loss of an important relationship.
While we understand that no amount of money could make up for the loss you’re experiencing, financial compensation could ease your pain and suffering to an extent. It will be able to help you with the costs that you may be burdened with so that you don’t have to stress about it, and you will know that some justice will have been served.
It is important to have a wrongful death attorney in Florida working by your side as you fight to receive you deserved compensation and justice because it may be difficult to determine an appropriate amount of damages, particularly when evaluating damages to repay your loss of companionship and a lifetime of earnings. This is why we recommend that you contact a law firm to speak to experienced and knowledgeable wrongful death lawyers.
Florida’s Wrongful Death Statute
It is outlined in Florida Statute 768.21 that surviving family members can claim for compensation in a wrongful death case. The law states that the family of the deceased
“may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.”
Put simply, this means that you, as a surviving family member in Tampa, may be entitled to a certain amount of financial compensation, which will match the value of support lost from the day of your loved one’s injury to the day of their death. The law also may entitle you to compensation for any future damages that may later be caused by your loss from the accident.
You must have one of the following relationships to the deceased to be eligible to file for a wrongful death lawsuit in Tampa:
- A parent suing for the mental pain and suffering endured from losing their minor child.
- A parent suing for the mental pain and suffering endured due to the loss of their adult child. This is only applicable if the adult child had no other surviving family members, specifically any children or a spouse.
- A minor child receiving compensation for the loss of their parent and financial provider.
- An adult child suing for the pain and suffering from the loss of their parent. This is only applicable if the deceased had no minor children or a living spouse.
- A person suing for financial support and emotional distress caused by the loss of their spouse.
Florida law states that the legal process will determine the exact amount of compensation you deserve based on:
- The relationship you had with the deceased.
- The total value of the deceased’s income.
- The total value of the deceased to the survivor. This refers to the emotional and financial loss caused.
If you have lost a loved one, and you would like to receive some form of justice and support in this difficult time, then you should contact a Tampa wrongful death lawyer. A personal injury lawyer will make it much more likely that you will win your case and will be able to offer you support and guidance, giving you one less thing to have to worry about. Call us today at The Law Place, to book a free consultation with one of our esteemed wrongful death lawyers.
Tampa Wrongful Death Lawyer, FAQ
How much is a wrongful death lawsuit worth in Florida?
The worth of a wrongful death lawsuit in Florida varies greatly depending on the specifics of the case. Wrongful death claims can include compensation for lost wages and support, medical and funeral expenses, loss of companionship for a surviving spouse, and emotional suffering.
The value of each claim is unique and depends on factors such as the deceased’s earning capacity, the circumstances of the death, and the impact on the surviving family members.
How do I sue for wrongful death in Florida?
To sue for wrongful death in Florida, the personal representative of the deceased’s estate must file the claim. This representative, often named in the will or appointed by the court, files the claim on behalf of the deceased’s estate and surviving family members, including the surviving spouse, children, and sometimes parents or other dependents. The claim must be filed within the statute of limitations and should detail the wrongful death damages sought.
How long does a wrongful death lawsuit take in Florida?
The duration of a wrongful death lawsuit in Florida varies. Some wrongful death cases can be resolved in a matter of months, while others, particularly those involving complex issues like medical malpractice, can take several years. The timeline depends on various factors, including the complexity of the case, the amount of investigation required, the willingness of parties to settle, and the court’s schedule.
What are the defenses for wrongful death in Florida?
Defenses in wrongful death cases in Florida can vary based on the specifics of the case. Common defenses include arguing that the death was not due to negligence but rather an unavoidable accident or that the deceased’s own actions contributed to or caused their death.
Can any family member file a Florida wrongful death claim?
In Florida, a wrongful death claim must be filed by the personal representative of the deceased’s estate. This representative acts on behalf of the estate and all surviving family members, including the surviving spouse, children, and sometimes other relatives who were dependent on the deceased. Individual family members typically cannot file the claim independently unless appointed as the personal representative.
What types of damages are recoverable in wrongful death cases in Florida?
Wrongful death damages in Florida can include economic damages such as lost wages and benefits the deceased would have earned, medical expenses related to the deceased’s final injury or illness, and funeral and burial costs. Non-economic damages might include compensation for loss of companionship for a surviving spouse, mental pain and suffering, and loss of parental guidance for children.
Is there a statute of limitations for wrongful death claims in Florida?
Yes, there is a statute of limitations for wrongful death claims in Florida. Typically, a wrongful death lawsuit must be filed within two years from the date of the individual’s death. However, there can be exceptions or extensions in certain circumstances, particularly in cases involving medical malpractice or criminal acts.
Are punitive damages available in Florida wrongful death cases?
Punitive damages, which are intended to punish the defendant for particularly egregious behavior, may be available in some Florida wrongful death cases. However, these are not awarded in every case and are typically reserved for situations where the defendant’s actions were especially reckless or intentional.
Can a wrongful death claim be filed if the deceased was partly at fault in Florida?
Florida operates under a comparative negligence system, which means that a wrongful death claim can still be filed even if the deceased was partly at fault for their own death. However, the total amount of damages awarded can be reduced in proportion to the deceased’s percentage of fault.
Speak to The Law Place Today
We know that no amount of money could ever replace your loved one, but at least getting legal justice for them can provide your family with the closure and support that you deserve. The compensation you may be owed could provide you with financial help, as well, which can be critical if you’re struggling to make ends meet now you no longer have your family member’s income to assist you.
At The Law Place, our personal injury lawyers boast over 75 years of combined experience in dealing with Florida law and fighting on behalf of people like you. With our help, you will be much more likely to receive the compensation that you deserve. So, call us today to book a free consultation with a Tampa wrongful death attorney.
The Law Place is always available to help you navigate Florida law, simply call us on (813) 544-4444. Don’t wait; let us fight for the justice you deserve.