Wrongful death cases are often very emotionally challenging for the families that file them. Often, families must go through the grieving process of losing a loved one in addition to dealing with a wrongful death case. However, if your loved one passed away because of someone else’s actions, you could hold the liable party accountable by filing a claim against them.
A wrongful death attorney in the Tampa Bay area could help you navigate the complexities of your case. They can help you identify the liable party and file a claim against them. You deserve justice after dealing with the loss of a loved one so suddenly. A wrongful death attorney can help you seek that justice.
Complexities That Could Arise In A Tampa Bay Wrongful Death Case
In a wrongful death case, many complexities could arise. This is especially true because your loved one isn’t here to provide their testimony and give more insight into what happened. Because of this, it’s important to have strong investigators gather evidence to prove what happened.
Hiring a wrongful death attorney in the Tampa Bay area can help navigate the complexities of this process. They can take a lot of pressure off you and your family members to deal with the legal matters by yourself.
Identifying Survivors Who Can File A Wrongful Death Action On Their Loved One’s Behalf
If your loved one passed away because of someone else’s negligent actions, you might wonder if you qualify to file a wrongful death action on their behalf. Only certain survivors related to the person who passed away have the authority to file a claim. According to Florida Statutes § 768.21, the following survivors can file a claim on their loved one’s behalf.
- Immediate family: If the decedent is an immediate family member, such as your child, spouse, or parent, you could file a wrongful death action.
- Siblings: In some circumstances, Florida law allows the decedent’s sibling to file wrongful death actions. For example, if the decedent provided for their sibling financially in any way, they could file on their loved one’s behalf.
Your attorney can work with you and help you understand if you qualify to file a wrongful death lawsuit after your loved one passes away.
Determining How Much Compensation To Seek In A Wrongful Death Case
The next complexity a Tampa Bay area wrongful death attorney could help you navigate is how much compensation to seek. Wrongful death case values vary significantly based on certain factors, such as the decedent’s age, income, life expectancy, and your relationship with them. The damages you suffered because of their death also factor into how much compensation you should seek.
Losses you could seek compensation for in a wrongful death case include the following:
- Your loved one’s final medical expenses. If the decedent had a long hospital stay or passed away in the emergency room, you could seek compensation for the costs of their final medical expenses. You can include any out-of-pocket expenses you received in your lawsuit.
- The decedent’s loss of future income. If your loved one provided financially for you or your family, you could seek compensation for the income they would have made had they survived their injuries. You could also include the costs of retirement or pensions they lost because of their death.
- The loss of companionship and support your loved one provided. The state laws allow eligible surviving family members to seek compensation for this non-economic loss.
Your attorney can further guide you on the damages you can seek compensation for in your case.
Proving The Liable Party’s Negligence Or Purposeful Actions Caused Your Loved One’s Death
In a wrongful death case, you must prove the other party caused your loved one’s death to recover compensation. Many wrongful death cases occur because of the negligent actions of someone else. Your attorney can help you to prove the liable party acted negligently by proving the following:
- They owed your loved one a duty of care to act safely and reasonably to protect them from harm.
- They breached their duty by not upholding their responsibility to act responsibly.
- Your loved one died because the liable party did not uphold their duty.
- You suffered damages as a result of your loved one’s death.
Wrongful death attorneys can tell you what evidence they must collect to prove the other party’s negligence.
Meeting The Statute Of Limitations Filing Deadline
Florida Statutes § 95.11(4)(d) states how long parties have to file a wrongful death lawsuit against the at-fault or liable party. You generally have two years to file a lawsuit before your opportunity to collect compensation could diminish. During the two-year timeline, your attorney can work hard to settle your case outside of court.
They need time to negotiate a fair settlement agreement to settle outside of court. If you contact them immediately after the wrongful death, they will have more time to seek a fair settlement agreement on your behalf. They can focus on building a strong case and negotiate with the opposing party for a favorable outcome.
Contact Us for Help From a Wrongful Death Attorney In The Tampa Bay Area Today
Navigating the complexities of wrongful death cases in the Tampa Bay area takes the skills and knowledge of an attorney who regularly represents these cases. The Law Offices of Anidjar & Levine can handle difficult legal matters for you.
Contact us today for a free consultation with a wrongful death attorney at our firm. Once you choose to hire us, we can start working on your case immediately. We put the same diligence into each case as we would put into a case for our families. For strong, responsive, and compassionate legal representation, choose our team to advocate for you and your family.
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