Have you lost a loved one due to the irresponsible or reckless actions of another? If so, reach out to a qualified wrongful death lawyer for assistance in bringing the at-fault party to justice.
A wrongful death doesn’t have to be caused by an accident, specifically. Rather, any death caused by negligence, breach of contract, default, or some similar cause is grounds for the pursuit of a claim in Tampa.
Any time a death could have been prevented if it weren’t for the actions of another, that individual or entity should be compelled to cover the damages endured by the surviving family members of the deceased.
Your skilled Tampa wrongful death lawyer at Anderson & Anderson knows the ins and outs of wrongful death lawsuits and will do whatever it takes to obtain maximum repayment for your suffering. We’ll work tirelessly to build your case while you spend your time with your family, mourning the loss of your close family member and making any necessary preparations for their services.
Before you actually file a wrongful death lawsuit in Tampa, you’ll need to be sure that you have the legal right to do so. Florida law mandates that only the personal representative of the decedent’s estate can file a wrongful death claim.
This could be anyone who the deceased named in their will to make these critical decisions, such as a surviving spouse or sibling, for example. If the decedent did not name a personal representative, then the courts will appoint one on their behalf.
Although only the representative can file the wrongful death claim, any damages that are awarded will be for the sole benefit of the following surviving family members:
Furthermore, in the event that a child loses one of their unmarried parents, the child will be able to obtain damages if their mother passes away, but if their father dies, they can only be compensated if the father accepted responsibility for the child as their own prior to their passing.
If you don’t want to lose your right to seek compensation for your loss, then you need to pay very close attention to Florida’s statute of limitations. The law allows the personal representative of the decedent’s estate to file a wrongful death claim within two years of the decedent’s passing.
This time limit can only be extended under very specific circumstances, and you should work closely with your wrongful death lawyer to ensure your claim is filed before the statute of limitations expires for your particular case in Tampa.
Damages in wrongful death claims are often broken up into losses that the family members suffered directly and those that the deceased would have been able to recover if they had not succumbed to their injuries. The losses that are available to surviving family members might consist of:
Then, your attorney will also take into consideration things like how much income the decedent would have continued to earn if they hadn’t passed away (lost earning potential), loss of wages and earned benefits, and loss of contributions to a retirement savings plan or inheritance.
Additional items that will all be factored into the value of your Tampa wrongful death claim include the medical and funeral expenses that may have already been paid by the decedent’s estate, and a loss of prospective net accumulations, which refers to the expected value of what the decedent would have earned over the rest of their lifetime.
Your civil lawsuit against the person or persons who are responsible for causing your family member’s death is much different from any criminal charges they may be facing. Criminal cases involve penalties such as jail or even prison time and a greater burden of proof than civil cases where the plaintiff is seeking compensation from the at-fault party.
In either situation, you’ll want an experienced Tampa wrongful death lawyer at Anderson & Anderson to help you navigate your case and fight for the justice you deserve. Families of those who have lost a loved one in a wrongful death can schedule a free claim review at our firm by giving us a call at 813-251-0072 or filling out the quick contact form we have included at the bottom of this page. We also handle wrongful death claims in Clearwater, St. Petersburg, and all of the surrounding area.