Tampa Wrongful Death Attorney
The unexpected loss of a loved one is both shocking and painful; the heartbreak only worsened upon learning that this tragedy was caused by the negligence of another person or organization. Surviving dependents, including a spouse or children, may also face significant financial difficulties.
If you have lost a family member due to the negligence of another person or organization, you may be entitled to compensation. If this negligence resulted from an action that any reasonable person could have and should have avoided, you may have cause to file a wrongful death claim. It is essential that you speak with an experienced wrongful death attorney to understand your rights and recourse under the law.
Some common types of wrongful death claims include:
Motor Vehicle Accidents – If your loved one—as a motorist, pedestrian, or bicyclist—was killed in a motor vehicle accident, the driver at fault may be held liable for the death.
Hospital or Medical Staff Negligence –You may be entitled to compensation if your family member died in surgery, as the result of receiving the wrong treatment in an emergency room, or because of a doctor’s misdiagnosis.
Product Defects – Did your loved one die as a result of a faulty product? The manufacturer may be held liable for their negligence—whether the death was the result of faulty construction, poor design, or even unreported, serious safety issues in a well-designed, high-quality product. .
Dangerous Medication Side Effects – You may be able to file a wrongful death claim if your loved one was killed as a result of taking medication without first being told of dangerous side effects.
It is important to understand that in the case of a car accident, medical malpractice, or any event resulting in death, negligence may not be involved … Deadly accidents occur every day; and sometimes no one is to blame. However, the way in which an accidental death relates to the legal framework of wrongful death can be complex; and may require a knowledgeable attorney to determine whether there is a case for wrongful death.
If you have lost a loved one as the result of someone else’s negligence, contact John Bales Attorneys today for a free consultation. Our experienced and compassionate wrongful death lawyers can determine whether another’s negligence caused your family member’s death; and will fight to get the resolution you deserve.
Wrongful Death: Frequently Asked Questions
The lawyers of John Bales Attorneys understand the complex wrongful death laws. Below are answers to some frequently asked questions on wrongful death. While the information contained here provides a general overview of wrongful death claims, you should meet with an attorney to gain an accurate view of your legal rights or available recourse in your unique situation.
Q. Who can bring a wrongful death claim?
A. A number of people my file a wrongful death claim. However, the identification of those holding legal standing to bring a claim depends upon the state in which the legal action is brought to court.
In every state of the union, legal claimants include the surviving spouse and any surviving children; or, in the case of an unmarried decent, one or both parents.
In Florida, both the spouse and children can bring a wrongful death claim, as well as the parents of the deceased—if they were partially or fully dependent upon the deceased for financial support—and a representative of the deceased’s estate. However, Florida law limits the monetary compensation based upon the claimant’s status and the circumstances involved; so it is imperative to consult a wrongful death attorney.
Q. Who can be sued for a wrongful death?
A. The party at fault can be an individual; a business; or a federal, state, county, or municipal government agency. The key component to bringing a wrongful death claim is the existence of a negligent act that caused the person’s death … Or, that that something should have been done that any reasonable person would have done in the same situation.
Q. Who cannot be sued for a wrongful death?
A. Even when it seems there is a clear case of wrongful death, it is entirely possible that the individual who caused the death is immune from a wrongful death claim. This can occur when certain types of government employees or government agencies are involved—federal laws continually change, and laws vary from state to state. A wrongful death attorney can help you determine whether the individual or entity can be held responsible for the death of your loved one.
Q. Is there a statute of limitations for filing a wrongful death claim?
A. Yes. The law limits the time in which those who have legal standing to file a wrongful death claim can do so. This is referred to as the statute of limitations; and it is designed to protect people and businesses from frivolous and unnecessary legal actions. In the state of Florida, the lawsuit must be filed within two years of the date of death.
Q. What are the damages that can be claimed?
A. Although some of the money awarded to the plaintiff is related to punitive damages, most of the award is related to compensation for economic loss (including medical bills and funeral expenses). Economic compensation from a wrongful death suit can also help maintain the living standards of a surviving spouse and children. To determine the amount of economic compensation, the court considers the income the deceased would have earned during the rest of his or her life—which represents money that would have provided survivors with a higher standard of living.
If your loved one has died as a result of other another person’s actions or inactions, you may have legal standing for a wrongful death case. In this situation, you have rights and may be entitled to compensation for your loss. Contact John Bales Attorneys today for a free consultation to consult with one of our experienced wrongful death lawyers.
What can you expect with John Bales Attorneys?
Care. Quality. Respect.
At John Bales Attorneys, we understand that you are grieving the tragic and unnecessary death of your loved one. While bringing a claim against those responsible may not be your main priority at the moment, a successful outcome may alleviate economic difficulties caused by your family member’s death.
Contact John Bales Attorneys today —our wrongful death lawyers have a deep understanding of the complex laws surrounding wrongful death claims; and will fight to get you the resolution you deserve.
With John Bales Attorneys, you can feel confident supported by an experienced and compassionate law firm. We will keep you up to date throughout the entire process, and will do our best to answer any questions you may have along the way.
If you have lost a loved one as the result of someone’s negligence, contact us today so we can begin working on your claim and you can get on with living.
Life doesn’t wait. Why should you?
Call John Bales Attorneys now.
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