TAMPA WRONGFUL DEATH
ATTORNEYS
TAMPA BAY, FL WRONGFUL DEATH LAWYERS
When a death occurs at the hands of a negligent party, it is known in legal circles as a “wrongful death.” Negligence means that the individual acted in a careless or reckless fashion. It can also mean that the individual failed to take an action and that failure resulted in another person’s death.
The difference between wrongful death and intentional homicide is that people commit homicide with the intention of harming or killing the other person. With a wrongful death, the perpetrator usually did not intend to kill the victim, or the cause of the death was indirect.
If a spouse, child, sibling, or parent can prove that the at-fault party was negligent in their loved one’s death, they may file a wrongful death claim against them. If you would like to pursue a wrongful death claim against the person who hurt your loved one, contact Busciglio Sheridan & Schoeb today to schedule a consultation.
FLORIDA’S WRONGFUL DEATH STATUTES
According to Statute 768.21 in Florida, you must be the representative of the victim’s estate to bring a wrongful death claim against the person responsible for the deceased person’s death. The claim or the lawsuit will be brought against the negligent party on behalf of the victim’s survivors. The person chosen to act in this capacity may be someone named in the victim’s will. In the event that the victim did not have a will, a probate judge will appoint someone.
According to Florida’s Wrongful Death Act, you will only have two years to file a wrongful death claim against the negligent party. The damages that the survivors can receive will be based on the loss or the harm that the survivors experienced at the passing of their loved one. Your wrongful death attorney will explain all of the laws to you when you meet for the initial consultation.
CAUSES OF WRONGFUL DEATH IN FLORIDA
Common causes of wrongful death in Tampa include the following types of accidents and events:
Violent crimes
Medical malpractice
Exposure to hazardous chemicals
Deaths due to defective products
Work-related deaths
Airplane accidents
Bicycle accidents
Boating accidents
Pedestrian accidents
Trucking accidents
Car accidents
If you are one of the people listed above, you have the right to hire a wrongful death lawyer and file the claim on their behalf.
HOW DOES A WRONGFUL DEATH CASE WORK?
The first thing that you must do is consult a wrongful death attorney because you must perform an investigation into this case as soon as possible. It is extremely important that you act quickly because the at-fault party’s insurance company and attorney began working on this case practically the moment after the accident occurred. Having an experienced attorney by your side helps to even the playing field from the start.
The investigation begins with the following:
Taking photographs
Interviewing witnesses
Collecting evidence
Speaking to law enforcement officers who already started the investigation process
This is a critical time because the evidence will be collected and stored so that your wrongful death attorney will be able to determine exactly what happened.
Your lawyer will also send spoliation letters to several people. These parties may be in possession of evidence, including video, defective medical equipment, defective products, or the vehicle used during a collision. The spoliation letters inform people in possession of these items that they must not dispose of or destroy the evidence.
Your attorney must preserve the evidence as quickly as possible because your case could be deleteriously damaged if you don’t have this evidence to prove your case.
WHO IS HELD ACCOUNTABLE IN A WRONGFUL DEATH?
A number of parties can be held accountable for wrongful death, and the best way to determine which individuals must face these consequences is to hire a lawyer. For example, any of the following may have failed to act in a caring manner under the circumstances that presented themselves at the time of the accident:
The owners of a building failed to ensure that the property did not present a danger to visitors.
A physician failed to provide the patient with the standard level of care.
The manufacturer failed to ensure that its products were not dangerous or faulty.
A motorist failed to operate their vehicle in a cautious manner.
PROBATE AND ESTATE ADMINISTRATION
You also need a wrongful death lawyer because you must address the probate process as early as you can. Probate is the legal process by which the executor disperses the victim’s property. This is the point at which the assets will be gathered, and the debts, taxes, and administrative expenses will be paid. After this occurs, the beneficiaries of the victim’s will can receive their property. At this point, a representative may pursue the wrongful death claim.
DAMAGES AVAILABLE IN WRONGFUL DEATH CLAIM
After there is a representative in the case, the representative can pursue the negligent party for damages. The damages available in a wrongful death claim include the following:
Medical bills
Funeral expenses
Burial expenses
Lost net accumulations or savings
Loss of companionship
Loss of financial support
Loss of services
Loss of parental guidance and training
Pain and suffering
SPEAK WITH A KNOWLEDGEABLE WRONGFUL DEATH ATTORNEY IN TAMPA
You need an experienced wrongful death lawyer to hold the at-fault party accountable for your loved one’s death. The death may not have been intentional, but if the at-fault party was negligent, you should hire an attorney to obtain monetary compensation for your loss.
The seasoned attorneys at Busciglio Sheridan & Schoeb in Tampa want to help you get the justice you deserve after the loss of your loved one. We approach every case with the compassion and determination it deserves. Call our office today at 813-225-2695 or contact us online to schedule a consultation.
Schedule a Legal Consultation
Phone: (813) 225-2695
Fax: (813) 868-3695
3302 N Tampa St
Tampa, FL 33603
3902 Henderson Blvd. Suite 204
Tampa, FL 33629
137 South Parsons Avenue
Brandon, Florida 33511
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