Tampa Wrongful Death Attorney
Wrongful Death Lawsuits Need to be Managed By an Experienced Tampa Wrongful Death Attorney
When a person dies due to the negligence or misconduct of another, the surviving family members may be entitled to sue for damages against those responsible for the decedent's death. The attorneys at Alley, Clark & Greiwe in Tampa have been consistently recognized for their expertise in litigating personal injury claims, and unfortunately, many of the claims involve wrongful death. A Tampa wrongful death attorney from our firm can help with motor vehicle accident fatalities, deaths from surgical errors and other types of medical malpractice, or deaths from unsafe prescription drugs or defective medical devices.
Helping Victim's Families Obtain Compensation
Lawsuits involving negligent death are very different from other types of claims in that the Plaintiff in the lawsuit must be the Personal Representative of the decedent’s estate. Each state has statutes which establish the procedures for filing a wrongful death lawsuit and also outline who may sue for certain types of legal damages. Under the Florida Wrongful Death Act, only a Personal Representative can initiate the lawsuit to recover benefits for the decedent's survivors. Additionally, the Florida Wrongful Death Act specifically defines who qualifies as a survivor to recover benefits, and there are numerous exclusions and complicating factors.
The purpose of a wrongful death lawsuit is to obviously compensate surviving family members who have lost financial and emotional support and services due to their loved one’s death. Determining the amount of damages involves many variables and generally requires expert testimony of economists. Compensation may include awards for loss of companionship and protection, loss of support and services, mental pain and suffering, loss of the decedent’s income and future wages, medical expenses, and funeral expenses.
The Tampa wrongful death lawyers at Alley, Clark & Greiwe have over three decades of experience handling these complex personal injury lawsuits. Because these claims usually involve a considerable amount of damages, it is important to retain an attorney who has a track record of successfully litigating these types of lawsuits.
Florida Law Regarding Wrongful Death Lawsuits
Florida law strictly limits who can file a lawsuit under the Florida Wrongful Death Act. A wrongful death lawsuit is a type of civil claim that must be filed by the Personal Representative of the decedent’s estate. The Personal Representative is often a family member who was named in the Will, or can be an individual appointed by the court.
A Skilled Tampa Wrongful Death Attorney Will Prove Negligence of Recklessness
In a successful wrongful death case, it must be proven that the defendant acted recklessly or negligently. In order to prove negligence, four elements must be established. They include:
- Breach of Duty
If you suspect that the death of your loved one was caused by negligence or recklessness, you should consult with legal counsel as soon as possible since there is a two-year statute of limitations period applicable to wrongful death claims in Florida.
Incidents That Lead to Wrongful Death Cases
Almost any type of injury that causes death may become the basis for a wrongful death lawsuit. However, some injuries are more commonly involved in wrongful death cases than others.
The most common injuries that lead to wrongful death cases, include:
- Automobile and Truck accidents
- Motorcycle Accidents
- Medical Malpractice
- Workplace Accidents
- Medication Errors
- Delayed Diagnosis
- Defective Medical Devices or Unsafe Drugs
Wrongful death cases are among the most difficult cases in Florida civil law, but you can rest assured that your Tampa wrongful death attorney will provide you with your strongest legal options.
Statute of Limitations for Wrongful Death Claims in Florida
With every lawsuit, there is a specified time period in which a claim must be filed. In claims involving wrongful death, it is a very short period of time. While taking legal action may not be a priority for those who have lost a loved one, it is important for survivors of the deceased to consider retaining a Tampa wrongful death attorney as soon as possible.
In the State of Florida, there is a two-year statute of limitations period to file a lawsuit. If a lawsuit is not filed within two years of the decedent's date of death, a survivor’s legal right to sue will forever be lost. The two-year statute of limitations cannot be extended for any reason.
Our Tampa Wrongful Death Attorneys Explain Eligibility for Compensation
Florida law strictly limits who can bring a claim and what damages can be recovered if one dies as a result. Laws in the State of Florida govern who is entitled to recover certain damages under Florida's Wrongful Death Act. The lawsuits are designed to provide compensation for relatives who depended upon the deceased for financial and/or emotional support. Typically, in Florida, if there is no surviving spouse or minor children, adult children are unable to bring such claims unless they were financially dependent upon the deceased parent for support.
Contact a Tampa Wrongful Death Attorney to Discuss Your Options
If someone you love has recently died due to negligence, please contact the law firm of Alley, Clark & Greiwe for a consultation regarding your legal rights with a Tampa wrongful death attorney. There is no charge for our legal consultation. If we accept your case you owe us nothing unless we make a recovery for you.