Wrongful Death Lawyer Tampa, FL
Free ConsultationFew things in life compare to the sudden loss of a family member or friend. Your daily life will permanently change in ways you have never imagined. During this difficult time, you may find it incredibly challenging to provide emotional and financial support for your surviving family.
- Car Accident
- Truck Accident
- Bicycle Accident
- Medical Error
- Unsafe Products
- Work Related Death
- Criminal Activity Fatality
- Medication/Prescriptions
What is a wrongful death lawsuit and what damages can I recover?
If you have a friend or a loved one who has died due to the negligent or intentional act of another, the survivors may have a wrongful death claim against the at-fault party. Florida’s Wrongful Death Act is a statute which sets forth those persons who can make a claim and the type of compensation they can recover.
A wrongful death lawsuit seeks compensation for the survivors, such as children and spouses, and for the estate itself. Wrongful death claims typically are made for pain and suffering, loss of companionship, lost earnings, and the value of lost support.
The Wrongful Death Act is found in Florida Statutes 768.16-768.26. Generally, it provides that a claim will be brought by a personal representative who seeks a recovery on behalf of the spouse, children, and parents of the deceased. Under certain circumstances, other “blood” relatives may also have a claim.
The statute of limitations for a Florida wrongful death action is two years from the date of death. Generally, if you fail to file a lawsuit by the deadline, your claim will be forever barred. However, as you might expect, there are exceptions to this rule. It is critical that you contact an attorney immediately to discuss the applicable deadlines and make sure you claim is properly preserved.
The following types of damages may be recovered:
- Lost support and services to survivors (the nature of the relationship to the deceased, probable future income of the deceased, and replacement value of lost support and services are considered)
- Surviving spouse’s lost companionship and protection, plus pain and suffering
- Minor children’s lost parental companionship, instruction, and guidance, including pain and suffering (all children, not just minors, if there is no surviving spouse)
- Parents of deceased child may also claim damages for pain and suffering
- Medical and/or funeral expenses
It is important to contact an experienced wrongful death attorney as soon as possible. A good lawyer will want to immediately investigate the facts surrounding the death, including talking to witnesses, taking photographs, and hiring experts to inspect the scene and any vehicles or equipment that was involved.
If you have questions about the death of a loved one, call Jeff Murphy Law for a free consultation. Jeff will advise you of your legal rights and discuss whether it makes sense for you to file a wrongful death lawsuit.
I have the compassion, knowledge and experience to evaluate your case and answer important questions concerning your family’s welfare. I have practiced personal injury and wrongful death law for 24 years. I will help you understand your options and help you begin the process of managing your personal recovery during this difficult time. I will give you the personal attention you deserve and diligently pursue your rights to recover damages for your pain and suffering. I will prepare a strategy to achieve the best possible result for you and your family.
Damages for Wrongful Death Lawyer Tampa, FL
A damages for wrongful death lawyer Tampa, FL families trust can assist in taking action after someone you love has passed away due to negligence. Losing someone you love can be devastating, but it can be incredibly challenging to come to terms with when their passing comes unexpectedly. Pursuing a wrongful death case can be overwhelming, especially if you are not a legal professional who clearly understands the process. Knowing the signs of when to contact a lawyer for a complimentary consultation can ensure that you do not let the opportunity to hold the liable party accountable pass you by. Fortunately, Jeff Murphy Law has experience guiding families through the appropriate legal steps to reach a fair and favorable resolution.
Understanding Wrongful Death
When a person dies at the hands of another person or party, and negligence was a factor, it may be possible to take legal action for wrongful death. While nothing can bring back the person you lost, families may be facing significant losses due to their passing. Types of cases that may involve wrongful death include:
- Car Accidents
- Workplace Accidents
- Medical Malpractice
- Product Liability
- Premises Liability
If your loved one died in an accident, it might be in your best interest to pursue legal assistance. You have a right to understand your legal rights and the options available to you.
Signs to Contact a Lawyer
It can be challenging to decide to contact a wrongful death lawyer in Tampa, FL. Knowing what to do next can be overwhelming. Be aware that there is a small timeframe for taking action. Here are some signs that it may be in your best interest to contact a lawyer as soon as possible:
- Your loved one passed away as a result of an accident
- You believe that the other party is responsible
- You believe that the responsible party was negligent
- Damages or financial losses resulted from the accident
The statute of limitations for a wrongful death case is three years from the victim’s passing date. The time to act is now by having your case reviewed by an experienced lawyer.
Scheduling a Complimentary Consultation
For many, the thought of contacting a lawyer for support can give pause. Families who have been financially impacted by their loved ones passing may be hesitant to pursue legal action. This is precisely why it’s in your best interest to seek a complimentary consultation with our lawyer. If your family has suffered losses somehow, it may be possible to recoup them with our help. Choosing a law firm to represent you is an important decision, and a complimentary consultation can help ensure that you are making the right one. Some benefits to meeting with us first include
- The opportunity to have your case reviewed by a professional
- To determine whether you have a case
- Honest answers and direction for your case that you can rely on
- The ability to ask questions about our practice and your case
- To determine whether we are the right law firm for you
At Jeff Murphy Law, we aim to support you and the unique needs surrounding your case. Our lawyer knows that there is not always a one size fits all strategy to managing wrongful death claims, which is why working with our team may be the appropriate next step when looking to hold the responsible parties liable. We will work tirelessly to help you take action. To learn more, contact our Tampa, Florida damages for wrongful death lawyer before it’s too late.
Wrongful Death Law FAQs
What will a wrongful death attorney do for you?
This is one of the many questions you likely have as you are working through the loss of your loved one and trying to put the pieces back together. When you are looking at wrongful death lawyers to help you with your Tampa, FL wrongful death lawsuit, you will likely find someone who also works in personal injury law. This is because wrongful deaths are a type of tort–or personal injury–that eventually leads the victim to pass away. So, your loved one may have died from a result of a car accident or a slip and fall injury that happened because of someone else’s negligence. If they had not died as a result, they would have had the opportunity to file a personal injury claim. Instead, you can file a wrongful death suit.
What should you look for in an attorney?
We understand that when you are grieving even the idea of pursuing a lawsuit like this can be overwhelming and difficult. That is why you do not want to do this alone. Many people feel that pursuing a lawsuit of this kind is selfish and when they finally get around to doing it when they feel they have healed enough, they are no longer within the timeline of being able to file. Your attorney can take this legal burden off of you so that you do not have to worry about the long-term stress of financial burdens after your loved one has died.
Should You File a Claim?
You might feel unsure about filing a wrongful death lawsuit that Tampa, Florida has to offer. What we would like you to understand is that we know of many families who find a sense of closure after taking legal action. Although it will never bring back your loved one, it is certainly possible that the compensation will enable you to take time to grieve and heal.
With regard to wrongful death cases, a majority of cases are filed as a legal claim. This is a case that is settled through negotiations and never goes to trial. Approximately 95% of all cases will remain a claim. For the remaining 5%, on average, they will become a lawsuit because the claim cannot be settled. When this happens, the case will require depositions, testimony, and various other elements that are not included in the claims process. Even at this point, it is common for the lawsuit to reach a settlement before the trial – sometimes on the courthouse steps! Only when negotiations are impossible will the lawsuit go to trial. Insurance companies typically don’t want this because it is very rare for a jury to side with them.
Can any attorney handle a Florida wrongful death case?
Can a minor file a Florida wrongful death claim?
Who can sue in a Florida wrongful death case?
What kinds of damages are recoverable in a Florida wrongful death claim?
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