Wrongful deaths are a tragic situation for everyone involved. The loss of a spouse, mother, father, or any loved one can put emotional strain on everyone affected. Family members left behind not only have to deal with the pain of losing someone, but it may also expose them to financial burdens such as funeral expenses, loss of earnings, and many more.
If one of your loved ones has died in an accident that was not their fault, a Tampa wrongful death lawyer may be able to help. Contact us at The Law Place on 941-444-4444 and book in a free consultation. Our experienced attorneys are waiting to help you bear the burden of your loss and give you the support you need by giving you the best legal advice.
What Does Wrongful Death Mean?
Wrongful death is defined as a death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.
As I’m sure you can see, this definition covers a wide variety of situations, and without the proper legal advice, it can be quite hard to decipher. For a death to qualify as a wrongful death, it must be the direct result of another’s actions or negligence. Whether it be accidents at work or in the home and may not be anybody’s fault but the deceased, but that is not always the case. When a wrongful death occurs that was not the fault of the victim, we advise you to contact an attorney and begin a wrongful death lawsuit.
What Are the Most Common Causes of Wrongful Deaths in Tampa?
Wrongful death is a very broad term; it covers many instances, which leads to a great many wrongful death claims being fought by our experienced Tampa attorneys. With such a broad spectrum of situations that could qualify as wrongful death, it is hard to know where you stand without legal advice. In the wake of such a tragedy, the last thing you want to do is trawl through the internet for information, so here are some of the most common causes of wrongful deaths in Tampa:
- Car accidents.
- Truck accidents.
- Motorcycle accidents.
- Medical malpractice.
- Boat and jet-ski accidents.
- Defective drugs and products.
- Workplace accidents.
If one of your family members, spouse, or friends has been a victim of any of these tragedies, do not hesitate to call us and set up a free consultation and some free legal advice. Our team is empathetic to your troubles and will do everything in their power to ensure you get justice for your loss.
What Damages Can Be Claimed for in Wrongful Death Lawsuits?
At The Law Place, our legal team understands that no amount of money will ever replace the loved one you have lost. That being said, it may be necessary to make a wrongful death claim due to financial hardships you may have to suffer following a wrongful death. Here are some of the most common damages you can claim for:
- 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 designed to ease the financial pressure that follows a wrongful death and allow you the time to heal properly from your loss. After an in-depth investigation into your wrongful death claim, your attorney will advise you which of these damages you can claim for. They will strive to get you the best compensation possible.
In addition to these damages, a judge can award punitive damages if he or she deems it applicable. This is a very rare occurrence in Florida because they are notoriously hard to prove. They are designed to further punish the offending party if the settlement is not deemed enough. To get punitive damages included in your claim, one must prove that the offender was willfully malicious or neglectful.
What Is the Wrongful Death Act?
The Wrongful Death Act is a piece of legislation put in place so that the loved ones of the deceased can recover the losses associated with wrongful death. This act specifies who can file a wrongful death lawsuit. In accordance with Florida state law, the following are entitled to claim compensation in the event of wrongful death:
- Immediate family members.
- Any family members or domestic partners financially dependant on the decedent.
- Adopted siblings still dependant on the decedent for support.
The law states that a representative of the deceased must launch the wrongful death claim. This person is usually named in the will, but in the event that no will has been written or can be produced, the surviving spouse is usually considered as the personal representative. If the decedent has no spouse, the heirs will vote a representative. Failing that, the court will appoint one.
Is There a Time Limit on Filing Wrongful Death Lawsuits?
In Florida, just like most states, Florida Statue 95.11 imposes a time limit on your rights to file wrongful death lawsuits or any lawsuit for that matter.
Wrongful death claims must be filed within two years of the date of death. In special cases, this time limit can be extended, and your wrongful death attorney will be able to advise you if this applies to you.
What Is the Difference Between Wrongful Death and Murder?
The difference between wrongful death and murder may seem arbitrary to some, but the line between the two is quite clear.
Murder is the intentional act of killing another person. It is a criminal offense, and charges will be brought forward by the state. If the perpetrator is found guilty, they will face prison time and, in some states, death. Murder is a type of wrongful death, but not all wrongful deaths are murders.
Wrongful death is a death that is the result of the actions of an individual or entity. It can be the result of intent, negligence, or an accident. If the intent is proved, it becomes murder, and the state will take over. If not, it becomes a civil matter, and the family of the deceased must file a wrongful death claim.
What Can a Tampa Wrongful Death Attorney Do for You?
If you have lost a loved one to wrongful death in Tampa due to the negligence of another party, please contact us at the Law Firm. Upon deciding to contact us, you will be offered a free consultation to assess the validity of your wrongful death claim. You will be offered some no-obligation advice so you can make an informed decision about how you wish to move forward. If you decide not to take it any further or do not wish to continue with us, that is okay. If you do choose us, we will arrange an in-depth case review. In this meeting, you will be asked a number of simple questions, and we will explain our fee structure.
Our team will conduct a stringent investigation of the events leading to the death of your loved one. They will work tirelessly to ensure that you are well looked after and get the time you need to heal. All information gathered will be compiled and used as evidence to get you the settlement you deserve. If your case goes to court, then one of our experienced lawyers will be with you every step of the way.
How Much Will a Wrongful Death Lawyer Cost Me?
All of our lawyers work on a contingency basis. This means that all fees will be recovered from the settlement upon winning the case. You will not be charged a penny upfront, and you will not receive any surprise bills in the mail. Our attorneys have over 75 years of collective experience. We set ourselves apart from other Law firms because we work together on every case so you will get all the benefits we can offer.
All contingency work is monitored by the Florida state bar. The monitor and regulate how attorneys can charge for their services. We abide by these rules stringently. They were put in place to ensure that you are not taken advantage of in your time of need.
Contact One of Our Attorneys Today!
Have you lost a loved one to a wrongful death? Is the financial pressure getting too much for you to bear? Do you think you are eligible to claim?
If your answer to any of those questions is yes, then do not waste a second. Contact us at The Law Place on 941-444-4444 and get the ball rolling on your claim. Our lawyers are waiting to take your call and help shoulder the burdens you have been bearing alone.