Wrongful deaths are a tragedy, and they can strike us at any time, often when we least expect it. The loss of a loved one can seriously derail your life and cause you lots of financial strain.
If you and your family members are suffering in the wake of a wrongful death and are struggling to make ends meet, it may be time to call us at The Law Place on 941-444-4444. Our personal injury lawyers are waiting to take your call and help you bear the burden of your loss in this difficult time.
What Are the Most Common Causes of Wrongful Deaths in Tampa?
Wrongful deaths can be caused by all kinds of things, and they are unfortunately a fairly common occurrence in Tampa. Our Wrongful death attorneys have a wealth of experience in dealing with these cases and are here to walk you through it every step of the way. Following such a tragedy, the last thing you want to do is have to go online and trawl through web pages to gather information. Here are a few 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 or loved ones has been a victim of a wrongful death, you may be entitled to file a wrongful death lawsuit. Your experienced wrongful death attorney will be able to advise you which of these damages you are eligible to claim.
Damages were made available to claim for in the attempt to ease the financial burden placed upon the family of the deceased. We understand that no amount of money will replace your loved one, but we are here to do what we can to ease the pain and help you get the time you need to heal after this tragedy. Your wrongful death attorney will conduct an in-depth investigation into your case and advise you which of these damages you may be entitled to.
Punitive damages may also be an option for you, although they are very rarely awarded in Florida. They are a very difficult thing to prove in court. Your attorney must prove that the offending party was willfully neglectful or malicious if you wish them to be included in your settlement. Your attorney will advise you whether they can be included in your claim or not.
How Is Wrongful Death Defined?
Wrongful death is defined as a death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.
This is quite clearly a very broad definition and can cover a wide variety of happenstance. Without the proper legal advice, it can be a nightmare to figure out whether you are entitled to a wrongful death claim or not. Call one of our wrongful death attorneys today and book in a free consultation.
What Damages Can I Claim for in a Wrongful Death Lawsuit?
Damages that can be claimed for tend to be very similar across the board in Tampa. When it comes to wrongful deaths, it is no different. Although no amount of money will help you get over your loss, it will ease the financial pressure you may be under. Here are some of the most common damages claimed for in wrongful death lawsuits:
- Pain and suffering.
- Loss of earnings.
- Medical bills.
- Funeral expenses.
- Loss of companionship.
- Loss of parental guidance.
These damages are made available in the attempt to ease the financial pressure felt in the wake of a loved one’s wrongful death. They are intended to give you the space to breathe while you recover from your loss. Your wrongful death attorney will advise you as to which of these damages you can include in your case.
You may also have the option to claim for punitive damages, although they are very rarely awarded in Florida. They are notoriously difficult to prove. Punitive damages were put in place to further punish the defendant when the settlement is not deemed enough. It must be proved that the offending party was willfully neglectful or malicious. Your attorney will advise you whether you are eligible to add them to your claim or not.
What Is the Wrongful Death Statute?
The Wrongful death statute was passed in the attempt to aid the family of the deceased to recover some of the financial losses incurred following a wrongful death. While it may seem callous to pressure compensation following the death of a loved one, it may be necessary for your financial well being. It also outlines the people eligible to initiate a wrongful death lawsuit:
- 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 will of the deceased, a representative will be named, and it will be their responsibility to start a wrongful death case. In the event that a representative is not named or a will has not been written, the deceased spouse may act as the representative. If the decedent has no spouse, then the beneficiaries of the will must vote and appoint one. Failing this, the court will name the representative.
How Long Do I Have to File a Wrongful Death Claim?
In Florida, laws have been passed to establish a time limit on how long you have to file wrongful death cases.
According to the Florida Statue 95.11 statute of limitations, the family of the deceased will have only two years to file a wrongful death lawsuit. That is two years from the day of death. In some special cases, this limitation can be extended, but that is at the discretion of the judge. Only in cases of attenuation circumstances is an extension granted.
Who Pays for a Wrongful Death Lawsuit in Tampa?
Wrongful death cases are handled similarly to our other cases. We work on a contingency basis. This means that you will not be charged a penny upfront. All fees will be recovered from your settlement upon winning the case. In the event that we lose the case, you will not be charged a penny.
All contingency work is monitored by the State Bar Associations; they are in charge of how attorneys can charge for their services and ensure that nobody is taken advantage of in their time of need. We adhere to these guidelines very strictly.
What Can a Wrongful Death Attorney Do for Me?
If one of your family members has died in an accident that was not their fault, you may be eligible to begin a wrongful death case. Call one of our wrongful death lawyers today and book in a freed consultation to determine if you have a case. During this free consultation, your claim will be assessed, and you will be offered some no-obligation advice. If you decide not to continue with us, that is fine. Upon choosing our attorneys to represent you, we will book you in for an in-depth consultation. In which we will ask you a series of simple questions, and our fee structure will be explained to you.
Our personal injury lawyers will conduct an investigation into the events leading up to your loved ones’ death. Our team of experienced lawyers will work tirelessly to gather every bit of evidence they can to ensure your case is a success. If your case proceeds to court, you have nothing to worry about. Our team has experience on both sides of the courtroom and will do everything in their power to get you the compensation you are due.
Call The Law Place
Our team at The Law Place is waiting to take your call and offer you a free consultation. We understand how difficult this time must be for you and will do everything in our power to lighten the load for you.
Our attorneys have over 75 years of collective experience. We set ourselves apart from other law firms because we work together. This means that you will benefit from every minute of that experience. We will always give you the best service we are able to and try our best to get you the compensation you deserve. Call us today on 941-444-4444.