Tampa Wrongful Death Lawyer
There are few things more shocking or traumatic than losing a loved one in an unexpected accident. Learning that the accident could have been prevented but for the wrongful or neglectful act of another party only adds insult to injury. At the office of Trombley & Hanes, our Tampa wrongful death lawyers understand the tragedy you’re going through. We know that nothing can replace your loved one or undo what’s happened—we also know that in the face of economic and noneconomic losses, recovering a wrongful death settlement can help your family move forward financially. For legal support in bringing forth a claim, call our law firm directly.
Wrongful death refers to a civil action to recover damages against a person or entity who negligently or intentionally causes the death of another. The types of damages available in a wrongful death case differ from a traditional personal injury cases because wrongful death focuses on compensating the survivors of the decedent who are left without the financial and emotional support of the decedent.
What Rights Do I Have After the Death of a Loved One?
When you have lost a loved one in a tragic accident, you may have a cause of action to file a wrongful death claim against the at-fault party. In order to bring forth a claim successfully, you will need to prove that the defendant (which can be a person or an entity) caused your loved one’s death by a “wrongful act, negligence, default, or breach of warranty or contract” (Florida Statutes Section 768.19).
What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil action that is similar to a personal injury claim, but for the fact that the victim in a wrongful death claim is deceased and therefore cannot represent themselves in a civil action. A wrongful death claim has no criminal consequences; rather, if the defendant is found guilty in a wrongful death action, they will owe damages—monetary compensation—to the deceased person’s estate and beneficiaries. Wrongful death claims may arise out of the following accident types:
- Car accidents
- Truck accidents
- Pedestrian and bicycle accidents
- Product liability accidents
- Premises liability accidents
Who Can File a Wrongful Death Claim?
A wrongful death claim in Florida can only be filed by the personal representative of the decedent’s estate (named in the deceased’s will or appointed by the court). However, damages are recovered for the deceased’s beneficiaries, such as a surviving spouse or children.
In a wrongful death claim, damages may be sought for both economic—actual monetary losses—and noneconomic—intangible losses with no dollar value assigned—harm. Types of economic and noneconomic damages recoverable in a wrongful death claim include:
- Pain and suffering
- Hospital bills accrued prior to death
- Loss of companionship and protection
- Loss of the support and services of the deceased
- Lost wages, earning capacity, and benefits of the deceased
- Medical and funeral expenses
- Loss of parental companionship and guidance
Call Our Tampa Wrongful Death Lawyer Today to Learn More
If you have lost a loved one in an accident caused by the fault of another, you have legal rights. At the law office of Trombley & Hanes, our lawyers are deeply sorry for your loss and understand what you’re going through. Our Tampa wrongful death lawyers will take the lead on investigating your loved one’s death, gathering evidence, proving fault, calculating damages, filing your claim, and negotiating your settlement. Call our lawyers directly today for the legal support you need during this challenging time.