Wrongful deaths can be caused by many different things, each one as tragic as the last. The loss of a family member, or any loved one for that matter, can have serious ramifications to your financial well-being. Dealing with that pain of a loss is trail enough, but when coupled with the financial pressure of funeral costs and medical expenses, it can overwhelm people.
What Is Wrongful Death Defined As?
In Tampa, Florida, we define wrongful death as a death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.
This is a very broad definition and covers a very wide range of instances. It can be a nightmare to attempt to navigate without proper, legal advice. If you are struggling to figure out if your loved one was a victim of wrongful death and wish to seek justice for them, call one of our personal injury lawyers today and begin a wrongful death claim.
What Are the Most Common Causes of Wrongful Death in Tampa?
Wrongful deaths are an unfortunately common occurrence in Tampa, so our team of personal injury lawyers have the experience required to help you. With such a broad definition, Wrongful deaths can occur in all walks of life, and it can be difficult to know where you stand without legal help. Following such a tragedy, the last thing you need is to comb through the web, looking for information.
Here are a few of the most common causes of wrongful death:
- Car accidents.
- Truck accidents.
- Motorcycle accidents.
- Medical malpractice.
- Boat and jet-ski accidents.
- Defective drugs and products.
- Workplace accidents.
If you have lost somebody close to you to one of these situations, you may be able to start a wrongful death case. Call us today and set up a free consultation with one of our personal injury lawyers. At the Law Place, we are sympathetic to your plight and will do our best to lighten the load for you in the troubling time.
What Damages Can Be Claimed for in a Wrongful Death Case?
When a family member or family members have been lost to wrongful death, we understand that no amount of money will ever replace them. The cold reality of the financial hardships that follow may force you into making a wrongful death claim. Here are some of the most common damages awarded in a wrongful death lawsuit:
- Pain and suffering of the family of the deceased.
- Loss of earnings.
- Medical bills.
- Funeral expenses.
- Loss of companionship for the family of the deceased.
- Loss of parental guidance for the children of the deceased.
These damages are available to ease the financial pressure felt following the death of a loved one or family member, to allow you the time to heal properly. Your Tampa personal injury Lawyer will perform an in-depth investigation into your wrongful death claim and advise you which damages you are entitled to.
In addition to these damages, a judge may also award punitive damages if he deems it necessary. They are a very rare occurrence in Florida, as they are very difficult to prove. They were put in place to further punish the defendant if the settlement is not deemed enough. It must be proved that the offending party was willfully malicious or neglectful if you wish punitive damages to be included in your settlement. Your experienced personal injury lawyer will advise you whether this is possible or not.
What Is the Wrongful Death Statute?
The wrongful death statute is a law that was passed so that the family of the deceased may recover the financial losses involved with wrongful death. This piece of legislation specifies who can file a wrongful death case. In accordance with Florida State Law, the following are entitled to put forward a lawsuit in the event of wrongful death.
- Immediate family members.
- Any family members or domestic partners financially dependent on the decedent.
- Adopted siblings still dependant on the decedent for support.
Usually, in the event of a wrongful death, a representative is named in the will, and it will be down to them to file a wrongful death claim. If a representative is not named in the will, all beneficiaries must vote for a representative. If no will has been written or it cannot be produced, the surviving spouse will usually be appointed the responsibility. If the decedent had no spouse, then the court must appoint a representative for the case.
How Do We Prove Wrongful Death in Tampa?
To be successful in wrongful death lawsuits, your personal injury lawyer will be required to prove three things:
- The other party acted in a negligent, reckless, or intentional manner.
- The other party caused the death.
- The amount of damages.
To prove the first, you must establish that the offending party has breached their duty of care to other people, which is the duty we have to one another to ensure our actions are not harmful to anyone. The second thing we have to be proved can be referred to as causation. This means that the other party’s failure to exercise their duty of care has led to death. The Third is establishing and proving the damages caused by this death.
What Can a Tampa Wrongful Death Lawyer Do for Me?
If one of your family members has been a victim of wrongful death and you think you are entitled to compensation, do not hesitate to call The Law Place. One of our personal injury lawyers is waiting to take your call. During this call, you will be offered a free consultation to determine if your case is valid or not. You will be offered some no-obligation advice so that you can make an informed decision after your options have been explained to you. If you do not wish to continue with our law firm, that is no problem. If you do decide to hire us, we will arrange an in-depth case review. In this meeting, you will be asked a series of simple questions, and our fee structure will be explained to you.
Our Personal injury lawyers will conduct a stringent investigation into the events involved in your wrongful death lawsuit. We will work around the clock to ensure we miss nothing and that you get the compensation owed to you. If your case progresses to court, then you need not worry. Our team will handle everything so that you can use the time to heal.
Call Us at The Law Place today!
Have you lost a loved one to a wrongful death? Are you feeling the financial strain and running out of places to turn? Do not worry! The Law Place is here for you in this difficult time. Call us today on (941) 444-4444.
Our team has a collective experience of over 75 years and will work together to ensure you benefit from every minute of it, and this sets us apart from all the other law firms in Tampa. Do not waste a second, contact us today. We will do everything in our power to help you through this difficult time.