Thus, anyone who’s suffered a dear loved one’s sudden loss due to death caused by someone else’s negligence must take proactive corrective measures well before the day arrives when it will become too late forever. An ideal planning strategy that offers a risk-free route is available upon requesting initial consultation for a thorough case evaluation by one of our well trained attorneys with lengthy experience in Tampa, Florida personal injury wrongful death litigation. As this valuable service is provided with no cost or obligation whatsoever, no valid excuse can possibly exist for continued delay of even another nanosecond in pursuing rightful and legally entitled financial compensation. Contact our office this instant to schedule a free consultation that can get you well on the way toward wherever your family should be forever.
When a tragic wrongful death occurs, you need answers. How can you support yourself and your family? What resources are available to hold the people responsible who caused the accident? When you need answers, our Tampa attorneys for wrongful death have answers.
What Is Wrongful Death?
Wrongful death is when a person dies because of a legal wrong of another person or party. Although a wrongful death is typically an accident, the accident happens because someone fails to exercise the care and caution required under the law. The family of the victim may bring a claim for financial compensation.
Where Do You File a Wrongful Death Claim in Tampa?
Wrongful death claims in Tampa are typically filed in the 13th Circuit Court for Hillsborough County. This is the court that hears disputes over $30,000. There are 20 circuit courts in Florida, plus courts of appeal and the Supreme Court. There are also county courts that hear a wide range of matters. However, a wrongful death claim is for more than $30,000, so it originates in the circuit court. For the Tampa area, that is the 13th Circuit Court. Be sure to verify that Tampa is the correct location to file the claim based on the facts and circumstances.
Who Gets the Money in a Wrongful Death Lawsuit in Florida?
In Florida, the victim’s estate, along with the spouse, children and parents, get the money in a wrongful death lawsuit in Florida. If there is a settlement, Florida law 768.25 [1] requires the court to approve of distribution of the funds among the qualifying parties. When the claim resolves by a jury verdict, the law requires the verdict form to state the amounts separately for each party (Florida law 768.22 [2]). All of the potential beneficiaries must be identified in the complaint.
How Are Wrongful Death Settlements Paid Out?
Wrongful death settlements are paid out either by a lump sum or through a structured settlement. A lump sum amount is apportioned to all parties who have a lawful interest in the claim. In cases where a surviving family member is a minor or a party otherwise wants a steady and reliable stream of income in the future, it may be appropriate to negotiate for a structured settlement that pays in the form of an annuity. However, payments are typically in the form of one lump sum that is paid after the judgment is final.
What Are Types of Wrongful Death Cases?
Some types of wrongful death cases include:
- Car accidents
- Truck crashes, pedestrian accidents
- Drunk driving
- Motorcycle and bicycle accidents
- Machine equipment that malfunctions
- Workplace accidents, OSHA violations
- Electrocutions, fires, burns
- Products that don’t operate the way they should, poor or inadequate instructions
- Poorly designed products
- Falls from ladders
- Accidents that occur because of dangerous property conditions
- Assault and battery; intentional homicide
- Medical malpractice
- Boating accidents
- Plane and train crashes
- Poisoning or overdoses
- Drunk driving, driving under the influence of medications or drugs
How Do You Prove Wrongful Death?
You prove wrongful death by proving the elements of negligence, or another legal wrong that would be the basis for a personal injury tort claim if the victim had lived. Examples of legal liability for wrongful death are:
- Negligence – a failure to act with ordinary care
- Recklessness – extreme disregard for the safety of others
- Intentional acts – purposeful conduct
- Medical malpractice – failure to act up to a professional standard
- Product liability – manufacturing errors, poor design or a lack of instructions
To prove wrongful death, you confirm the elements of the legal wrong. Also, you show how the other side acting below a legal standard caused the accident. Finally, you demonstrate what damages that survivors have that you may recover under the law. Each of these elements must be proven in order to win the claim.
What Are Tampa’s Wrongful Death Laws?
Tampa, Florida’s wrongful death laws are found in Florida Statutes Chapter 768 [3]. The law says that if the death is caused by a wrongful act, and the person could have brought the personal injury claim if they had survived, the defendant remains liable for damages. The action is brought by the victim’s personal representative. Defenses may apply to the claim brought on behalf of the defendant’s estate.
Who Can File a Wrongful Death Claim in Florida?
The following parties may file a wrongful death claim in Florida:
- Estate of the victim
- Spouse
- Children
- Other family members who rely on the victim for support
How Much Can You Sue for Medical Malpractice for Wrongful Death?
There is no limit to how much you can sue for medical malpractice for wrongful death. The Florida Supreme Court struck down limits to non-economic damages, and there are no limits to what you can claim for economic damages. Your damages are based on financial losses, lost wages and loss of support and companionship. Because of the nature of a wrongful death claim, damages for medical malpractice wrongful death are high. The amount of compensation is unique to the actual damages of the victim.
What Is a Florida Wrongful Death Complaint?
A Florida wrongful death complaint is the document that formally begins a wrongful death claim. Even if the other party or their insurance company makes promises of voluntary payment, it’s critical to have the wrongful death complaint filed by the statute of limitations deadline. A complaint states the facts, the legal theories of the case and says that the defendant is responsible for damages. Once the claim is formally filed, the other side has a chance to respond, and the case proceeds to further legal proceedings.
Can I Hire an Attorney for a Wrongful Death Claim?
Yes, you can hire an attorney for a wrongful death claim. In fact, an attorney specially trained for wrongful death cases can assist you in making your claim.
Attorneys for Tampa Wrongful Death Claims
You may have additional questions regarding wrongful death—How much can you sue a hospital for wrongful death? How does a wrongful death lawsuit work? How much is a wrongful death lawsuit worth? If you’ve lost a family member in a Tampa accident and don’t know where to start, contact the Jack Bernstein, Injury Attorneys, friendly and professional legal team today. We can answer all your questions and walk you through the process. We’re here to help you seek justice for your loved one.
Sources:
[1] FLA. STAT. § 768.25 (2011) [2] FLA. STAT. § 768.22 (2011) [3] FLA. STAT. § 768 (2020)
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