The unfortunate loss of a loved one due to the negligence or wrongful act of another can leave family members feeling overwhelmed and confused. If you are looking for a Tampa wrongful death lawyer to help you through this difficult time, we’re here to help.
If you want to speak to a personal injury lawyer about a wrongful death claim in Florida, call Herman & Wells at (727) 821-3195.
Our Tampa wrongful death lawyers have been helping families in Tampa and throughout Florida with wrongful death claims for decades. Our legal team is committed to protecting your rights, helping you cope with your loss, and seeking a fair settlement or trial award on your behalf. Contact Herman & Wells today for a free initial consultation.
How Is A Wrongful Death Defined Under Tampa Law?
Under Tampa law, wrongful death is defined as the death of an individual caused by a wrongful act or negligence of another person or entity. In Florida, wrongful death claims can be filed by a personal representative acting on behalf of the deceased’s estate. The representatives may include the surviving spouse, children, parents and other beneficiaries.
What Damages Can Our St. Tampa Wrongful Death Lawyers Recover
When a Tampa resident tragically passes away due to someone else’s negligence, their loved ones may be entitled to damages. Our Tampa wrongful death attorneys have the experience and expertise necessary to help those affected recover what they are legally owed.
In Florida, wrongful death lawsuits can provide compensation for:
- Loss of income and benefits
- Medical expenses related to the injury or illness resulting in death
- Grief, mental anguish, and emotional distress suffered by family members
- Loss of companionship and guidance of the deceased person’s children
- Funeral and burial expenses.
What to Expect If You Need to File a Lawsuit
If you have lost a loved one due to the negligence of another, you may be considering filing a wrongful death lawsuit. This can be an emotionally and financially difficult process, but it is important to remember that you have legal rights that can help you get justice for your loved one. To make sure you are fully prepared, here is some insight into what you can expect if you need to file a wrongful death lawsuit in Tampa, Florida.
The Tampa Court System and Laws
Tampa has its own set of laws and a court system that governs the handling of wrongful death cases. It is important to understand the legal process in Tampa so that you have an understanding of what to expect when filing your lawsuit. Tampa wrongful death lawyers can provide invaluable guidance in navigating these laws and the court system as you pursue justice for your loved one.
What Is Required To File A Wrongful Death Lawsuit?
To file a wrongful death case, certain criteria must be met. First and foremost, you must prove that wrongful death occurred due to another’s negligence or intentional act. This means you must have evidence of the death, and be able to provide proof that it was caused by someone else’s actions. Tampa wrongful death lawyers can provide guidance in collecting and presenting this evidence, as well as help you understand the legal requirements for filing a wrongful death lawsuit in Tampa.
Our Tampa wrongful death lawyers can provide you with personalized guidance throughout the entire process so that you understand exactly what to expect. No matter how difficult it is, it is important to persevere and get the justice your loved one deserves.
What Is The Statute of Limitations For Wrongful Death Claims In Tampa?
In Tampa, wrongful death claims are governed by Florida Statutes 768.16-768.26 and must be filed within two years from the date of the death. This statute of limitations is in place to ensure that wrongful death claims are filed in a timely manner, as those affected by the loss deserve justice and closure within this two-year period.Does Insurance Cover Any Part Of A Wrongful Death Claim In Florida?
Insurance companies may not always cover all of the costs associated with filing a wrongful death claim. In Tampa and across Florida, insurance companies are required by law to provide certain coverage if a wrongful death occurs.
Generally, homeowners, auto, and health insurance policies are all likely to provide some form of coverage for wrongful death claims. Homeowners or renters policies may provide liability coverage in the event that injury or harm was caused due to negligence at a home or rental property. Auto policies typically cover wrongful death claims resulting from an accident involving a motor vehicle. Health insurance policies may provide compensation for medical bills that were incurred prior to the death of a loved one.
Before filing a wrongful death claim, it is important to consult with an experienced Tampa wrongful death lawyer to fully understand any potential coverage that may be available. A Tampa wrongful death lawyer can review the details of your case and provide guidance about available insurance coverage.
Is Wrongful Death a Crime in Florida?
Wrongful death is a civil action that can be brought in Tampa, Florida. It is not considered a crime under Florida law. Wrongful death occurs when someone dies due to the negligent or intentional act of another person or entity. In Tampa, wrongful death lawsuits enable family members of the deceased to seek compensation for their loss. However, it is possible for criminal homicide to exist when it comes to wrongful death.
When wrongful death is caused by someone’s negligence or intention, the Tampa police may investigate it and the accused person may face criminal charges. When this occurs, you should contact a Tampa wrongful death lawyer to assist with your case and provide legal representation.
What Causes The Most Wrongful Deaths In Tampa?
Wrongful death cases in Tampa, Florida can arise from many different causes. Some of the most common wrongful death cases involve medical malpractice, car accidents, workplace accidents, and nursing home negligence. In Tampa and throughout Florida, these are the leading causes of wrongful deaths.
Medical malpractice occurs when a doctor or another healthcare provider fails to provide proper care, resulting in injury or death. Tampa wrongful death lawyers can help families who have lost a loved one due to medical malpractice seek justice and compensation.
Car accidents are another common cause of wrongful death in Tampa and Florida as a whole. Negligent drivers can cause serious injuries that may lead to the wrongful death of an innocent victim. Tampa wrongful death lawyers can help those affected by a car accident seek justice and compensation for their losses.
Workplace accidents often lead to wrongful deaths in Tampa, Florida as well. In these cases, employers may be held liable if they failed to maintain a safe working environment or did not provide proper safety equipment to employees. Tampa wrongful death lawyers can help families seek justice and compensation for the loss of their loved one.
Nursing Home Abuse
Finally, nursing home negligence is a common cause of wrongful death in Tampa, Florida. Negligent nursing homes may fail to provide proper care or maintain a safe environment, resulting in injury or death of a resident. Tampa wrongful death lawyers can help families who have lost a loved one due to nursing home negligence seek justice and compensation.
Who Can File a Wrongful Death Lawsuit?
In Tampa and throughout the state of Florida, a wrongful death lawsuit can only be filed by a personal representative, acting on behalf of the survivors or estate. Under Florida’s Wrongful Death Act, these are the individuals who would be eligible to bring such an action:
- Surviving spouse
- Children of the deceased
- Parents of the deceased
- Any blood relative or adopted sibling who is partly or wholly dependent on the deceased for support and services
If there are no survivors, then the estate can file a wrongful death action to pursue damages. The Tampa wrongful death lawyer from our firm can review your case and help you understand who would be eligible in your situation, and how to proceed.
If you have lost a loved one due to the negligence of another person or entity, it is important to understand your rights. Our Tampa wrongful death lawyer can review your case and help you determine if filing a wrongful death lawsuit is suitable for your case.
How to Find a Good Attorney in Tampa for a Wrongful Death Claim
If you are looking for an experienced Tampa wrongful death lawyer, there are a few key things to consider. First and foremost, make sure the attorney has experience handling similar cases in Florida. This includes having a good understanding of state laws governing wrongful death claims and the nuances of Tampa’s courts and local laws. The attorney should also have excellent communication skills and be able to effectively explain the case to you in terms that are easy to understand.
It is also important for Tampa wrongful death lawyers to have access to resources such as medical experts, accident reconstructionists, and financial advisors who can provide valuable information about the case. Ask potential candidates if they have access to these types of services. It is also important to ask about the attorney’s success rate with similar cases. Do not be afraid to ask for references or talk to former clients who can provide feedback on the lawyer’s performance.
Finally, make sure that you have a good rapport with the Tampa wrongful death lawyer. This person will be representing your interests during this difficult time, and it is important that you feel comfortable discussing the case with them. Look for an attorney who is compassionate and understanding of your situation and is willing to go the extra mile on your behalf. Once you have found a Tampa wrongful death lawyer that meets these criteria, you can begin work on your claim with greater confidence.
How Expensive are Wrongful Death Lawyers in Tampa?
The cost of hiring a wrongful death lawyer in Tampa, Florida can vary depending on the specifics of each case. Some law firms may charge an hourly fee or a flat rate for their services. In most cases, Tampa wrongful death lawyers work on a contingency fee basis—meaning they don’t get paid unless they win the case. The wrongful death attorneys at Herman & Wells work on contingency for our clients.
Book a Free Consultation with One of Our Tampa Wrongful Death Lawyers
The Tampa wrongful death lawyers at our firm have extensive experience in this area of law and are fully prepared to handle any type of wrongful death claim, regardless of the complexity or severity. Our Tampa wrongful death lawyers will assess each case on an individual basis and provide a comprehensive evaluation to determine the best course of action for our clients. We understand how difficult it can be to cope with the loss of a loved one and we strive to provide compassionate, understanding legal representation throughout each step of the process.
If you or someone you love has suffered due to wrongful death in Tampa or elsewhere in Florida, please don’t hesitate to reach out for assistance. Our Tampa wrongful death lawyers are available for free consultations and will be happy to answer any questions you may have. Contact our firm today to learn more about how we can help.
Case ResultsSee More Case Results
Wrongful Death Settlement
Our client’s 28 year old son was killed by a car. Prior to being hit by the car, he had been in an altercation and was “knocked out” and was lying in the middle of the street. A motorist then struck him and drug him nearly three blocks under their car. Testing showed that the motorist had a blood alcohol content above the legal limit. The wrongful death case was settled for $1,508,000.00.
Intoxicated Driver Killed Father and Husband
We represented a family who lost their father and husband in an accident involving a truck driven by a driver believed to be under the influence. We filed a lawsuit on behalf of the family and after fighting for our clients, we were able to settle their case for $2,050,000.