Losing a loved one is never easy, regardless of the circumstances surrounding their death. It can be especially challenging for the surviving family if the fatality was caused by another person or organization’s negligent or intentional actions. However, families who wish to seek legal accountability for wrongful death may be able to recover monetary damages to offset some of the financial burdens they face in the absence of their loved ones.
Our Tampa wrongful death lawyers are here to support and guide you at this most difficult time and can help to determine whether you and your family have a claim. If we can help, we will manage every aspect of your case with sensitivity, compassion, and efficiency while ensuring your rights are protected during the legal process.
Who Can File a Wrongful Death Case in Florida?
While no amount of money can make up for the loss of a loved one, pursuing a compensation case can help stabilize your financial situation and get you the answers you and your family need and deserve.
In Florida, wrongful death claims are filed by the personal representative of the decedent’s estate on behalf of the following beneficiaries:
- The deceased’s spouse, children, or parents
- The parents of minors
- Adoptive siblings
- Blood relatives
- Dependent family members
Any compensation from the claim is paid to the victim’s estate and distributed per Florida’s inheritance laws. Our team works tirelessly to shield you from the stress of the legal process while protecting your rights and representing your best interests at all times.
How We Support Our Clients at This Difficult Time
We understand the pain caused by grief and know this is a troubling time for you and your family. Therefore, it is our priority to take care of everything needed to build, manage, and pursue a wrongful death claim on your behalf so that you can focus on healing from your loss. We will support you by providing the following services:
- Providing advice about your eligibility to file a wrongful death claim (our initial consultation is free)
- Guiding and supporting you through every stage of the legal process
- Investigating the circumstances that caused your loved one’s passing
- Gathering and preserving evidence to prove another person or organization’s liability
- Assessing the full extent of your financial losses
- Protecting your rights and negotiating for an appropriate settlement with insurance companies or their legal representation on your behalf
- Being on hand to answer your questions
Our lawyers always strive to make the legal process as stress-free as possible. However, we will keep you informed with regular case updates and are always available to answer your questions.
What Compensation Is Available to Families in a Wrongful Death Claim?
Per Florida law, eligible surviving family members may be able to receive monetary compensation for the expenses paid before and since the passing of their loved one related to:
- Funeral expenses and burial fees
- Medical expenses and treatment costs before the decedent’s passing
- Lost wages and other work-related benefits the deceased would have contributed in their natural lifetime
- Emotional distress and mental anguish
- Pain and suffering
- Loss of consortium, guidance, companionship, and support
Our wrongful death lawyers serving Tampa will carefully examine the facts of your case and determine an appropriate amount of compensation for your circumstances before negotiating for an out-of-court settlement. However, we will not hesitate to take your case to trial if both parties cannot reach a suitable resolution.
How Does a Wrongful Death Lawsuit Work in Florida?
Once a personal representative has been appointed to the decedent’s estate, the legal process in a wrongful death lawsuit involves proving the following elements of negligence:
- Your loved one’s passing was caused by the negligence or illegal actions of another person or organization
- As the surviving family, you suffered monetary injury due to the loss
An investigation into the cause of the accident is vital to prove the negligence or wrongdoing of the at-fault party. Some of the more common examples we see in wrongful death lawsuits include:
- Driver negligence such as reckless driving, driving while under the influence of alcohol or drugs, speeding, texting while driving, or failing to obey traffic controls and signals
- Workplace accidents can involve exposure to harmful substances, electrocutions, trip and fall accidents, being struck by a moving object or vehicle, faulty machinery, or lack of safety equipment
- Medical malpractice cases related to misdiagnosis, surgical errors, medication errors, poor patient aftercare, failing to order diagnostic tests, delayed diagnosis, and mistakes made during childbirth
- Defective products or prescription drugs that cause fatalities due to design, manufacture, or production errors
- Slip and fall accidents due to unsafe public premises or dangerous conditions arising as a consequence of an unattended hazard on a property. Examples can include obstructions in walkways, inadequate lighting, broken handrails, loose or uneven flooring, wet floors, and failure to warn customers or visitors about a hazard.
Regrettably, there are many causes of fatal accidents. Those listed represent just a few examples of cases we see. If your situation is different, but you believe another party was responsible for the loss of your loved one, we encourage you to reach out and discuss your circumstances with us.
How Long Do I Have to File a Wrongful Death Lawsuit Under Florida Law?
In most cases, bereaved families have two years from the date of their loved one passing to file a wrongful death lawsuit against the negligent party per Florida’s statute of limitations.
Our lawyers will make sure all the proper paperwork is filed on time and all deadlines are met. That way, there’s no risk of your claim being rejected because too much time has passed.
When You Are Ready, We Are Here for You
The wrongful death attorneys at Dismuke Law work tirelessly to support clients who have lost a loved one due to the negligence of another person or organization. We are Florida board-certified civil trial lawyers with a reputation for hard work and a strong track record of success. We are here to help you, too. Call and schedule a free and confidential consultation with us to discuss your situation and learn about your legal options.