How do Tampa wrongful death cases arise?
Wrongful death cases in Tampa arise anytime a person is killed due to the reckless, negligent, or intentional actions of another person, business, or entity. While no amount of money can bring a loved one back, family members will still be able to gain some sort of closure and compensation for what happened to them.
Tampa wrongful death attorney Paul Rebein has extensive experience handling these cases, including wrongful death claims that arise due to the following:
- Car accidents
- Bicycle accidents
- Bus accidents
- Motorcycle accidents
- Truck accidents
- Train accidents
- Electric scooter accidents (Bird & Lime)
- Uber & Lyft accidents
- Pedestrian accidents
- Rental car accidents
- Medical malpractice
- Nursing home abuse cases
- Taxi accidents
- Construction accidents
- Premises liability incidents
- Product liability incidents
- Catastrophic injuries
- Slip and fall accidents
We understand that you may not see the exact cause of your loved one’s death on this list. That is okay, and we may still be able to help. Contact our wrongful death attorneys in Tampa for a free consultation of your case today.
Elements of a successful Tampa wrongful death claim
Proving a wrongful death case can be incredibly difficult, and a skilled wrongful death lawyer in Tampa will work to show the following four elements:
- Duty. There needs to have been an established duty of care between the defendant (the alleged negligent party) and the deceased. This duty will be different depending on the situation. For example, drivers owe a duty of care to operate safely to protect others around them. Doctors must treat their patients with an adequate standard of care at all times. Companies and manufacturers owe a duty to provide safe products for consumers.
- Breach. It needs to be shown that the defendant breached their duty of care to the deceased. For example, an impaired driver that causes a crash and a fatality will likely have breached their duty of care owed to others on the roadway.
- Causation. An attorney will work to prove that the breach of duty directly caused the death of the deceased.
- Damages. Finally, it needs to be shown that the plaintiffs in the case (the deceased’s estate and family) sustained some sort of monetary loss due to the death of their loved one.
Who can file a Tampa wrongful death claim?
Florida law specifically requires that the personal representative of the deceased’s estate be the one to file the wrongful death claim in civil court. This person will typically be named in the deceased’s estate plan or will. If there was no estate plan or will, then the personal representative will be appointed by the court.
However, wrongful death claims are filed on behalf of the deceased person’s estate as well as any surviving family members. Family members who are allowed to recover damages in a successful wrongful death claim in Florida include the following:
- The deceased’s spouse, children, and parents
- Any blood relative or adopted sibling who was dependent on the deceased, either partly or wholly
What is the time frame to file a wrongful death claim in Tampa?
Each state is responsible for setting a statute of limitations, or time limit, in which a civil wrongful death claim must be filed. In Florida, the wrongful death statute of limitations is two years from the date of the deceased person’s death. This means that the personal representative of the deceased’s estate has a two-year window with which to file they want to death claim against an alleged negligent party, or they will lose the ability to recover any compensation for the loss. There are very few exceptions that allow wrongful death claims to be made after the statute of limitations has expired, so it is very important that you speak with an attorney about your case as soon as possible.
What kind of compensation is available for a Tampa wrongful death claim?
There are various types of compensation that may be available in the event a wrongful death case is successful. The types of compensation outlined in Florida law that may be paid in these situations include the following:
- Full value of supporting services that the deceased would have provided over their lifetime.
- Lost wages, benefits, and other earnings that the deceased would have reasonably been expected to make if they had lived.
- Loss of inheritance due to the death.
- Loss of companionship, guidance, and protection that the deceased would have provided.
- Mental and emotional pain and suffering caused by the loss.
- Funeral and burial expenses of the deceased.
- Any pre-death medical expenses that the deceased incurred due to their death.
- Possible punitive damages against a grossly negligent party.
The total amount of compensation available for these cases will vary depending on the circumstances related to each particular situation. A skilled Tampa wrongful death lawyer will have the resources necessary to conduct a full investigation and to calculate the total monetary losses.
Contact a Tampa wrongful death lawyer today
If you have lost somebody you love due to the negligence or careless actions of another person, business, or entity, contact an attorney as soon as possible. When you turn to Paul Rebein for help with your case, you are going to get the resources and legal experience you need to handle every aspect of a Tampa wrongful death claim. You deserve closure and compensation for what happened, so contact our Tampa wrongful death lawyer for a free consultation of your case today.