Surviving family members can expect several things in a Tampa wrongful death lawsuit. First, they file the suit on behalf of their loved ones when someone’s negligence causes their death. Thus, they expect compensation for the losses they’ve sustained.
In addition, they’ll expect their wrongful death attorney to advocate for the family’s rights. Finally, you expect compassion and empathy from your legal team during this difficult time. When issues arise that you would struggle to get through alone, your lawyer can navigate through those barriers. By knowing what to expect, you can go into this process with the necessary knowledge to ease your fears of what’s to come.
What Is A Wrongful Death Lawsuit?
Surviving family members can file a wrongful death lawsuit when their loved one dies because of someone’s careless or reckless actions. According to the wrongful death statute, survivors can seek compensation for economic and noneconomic losses incurred because of their family member’s death.
Who Can File A Wrongful Death Claim?
According to Florida Statute § 768.20, the decedent’s personal representative would bring the wrongful death action on behalf of the survivors and the estate. However, a wrongful death lawyer can help determine if you qualify to file a claim.
Typically, Florida Statutes § 768.21 establishes who could benefit from a wrongful death claim:
- Surviving spouse
- The decedent’s children
- The decedent’s parents
- The decedent’s estate
You Can Expect To Get Help From An Attorney With Your Tampa Wrongful Death Claim
Are you unsure where to start when it comes to filing a wrongful death claim? Fortunately, you don’t have to deal with these legal matters alone. Instead, you can seek legal guidance from an attorney. Not only can a wrongful death lawyer provide legal advice, but they can also provide support and compassion to you and your family during this difficult time.
Other ways an attorney can significantly help your case include the following:
- They understand Florida’s wrongful death laws and can explain your rights.
- They can gather and organize evidence to build the strongest case possible.
- They can advocate for you to help you achieve a fair result.
Wrongful Death Lawyers Typically Work On Contingency
Wrongful death attorneys typically agree to work with you without requiring an upfront payment. Thus, you can interview your attorney during a free consultation to determine if they are the right fit to take on your case. If not, you have no obligation to work with them.
Once you select the right wrongful death attorney for your case, they typically work on a contingency fee basis. Under this arrangement, you can expect only to pay a percentage of the compensation you recover. If you don’t recover compensation, your attorney will not charge for their legal services. With this fee agreement, you have the chance to fight for your loved one without the worry of facing further financial hardship.
You Could Expect To Seek Compensation In A Tampa Wrongful Death Lawsuit
The main reason to file a wrongful death lawsuit is to seek compensation. Thus, you can expect your attorney to ask for documentation proving you sustained economic and noneconomic losses because of the wrongful death incident.
The types of damages you could recover after the wrongful death of a family member include the following:
- Final medical expenses: If your loved one accrued medical bills from the incident before they passed away, your attorney could include them in the claim.
- Loss of consortium: Loss of consortium is a legal term that describes a deprivation of benefits. Typically, it compensates close family members to the decedent for the loss of companionship, affection, comfort, and love. For example, a surviving spouse can seek an award “for the loss of the decedent’s companionship and protection” per Florida Statutes § 768.21.
- Financial support: An attorney can review your loved one’s income before their passing. They can also speak to economists and their employers to determine the value of compensation to seek for their future lost income. Then, you could pursue that value through your claim.
- Pain and suffering: You could seek compensation for the physical or emotional pain your loved one experienced from the time of the incident until their passing. In addition, you and your family members can recover for mental pain and suffering.
- Funeral and burial expenses: You could include the unexpected costs of arranging a funeral and burying or cremating your loved one.
By seeking compensation for these losses, you could get the financial help you need to move forward with your life after your loved one’s death.
Time Limits To Expect In A Tampa Wrongful Death Case
Each state has different rules specifying how long surviving family members have to file a wrongful death lawsuit. For example, Florida Statutes § 95.11(4)(d) states you have two years. So, your attorney can help you meet this statutory deadline by building a case within the time constraints.
Contact A Wrongful Death Attorney In Tampa Today
Hiring a legal representative for your wrongful death claim could help you maximize your case’s value. While you might believe you can only recover compensation for medical bills and lost income, an attorney can fight for you to recover much more. In addition, they can guide your family through the legal process, so you don’t have hold-ups due to missteps you make along the way.
Contact the wrongful death attorneys at the Law Offices of Anidjar & Levine today for a free consultation. We will listen to your story and hear how your loved one’s death has affected your family. In addition, you can describe what happened to your loved one. Then, we’ll explain how our attorneys can help you. Finally, with our legal team by your side, you can rest easy knowing we will handle the legal matters, freeing your family to process and grieve.
