Did your loved one die in a tragic accident in Tampa, FL? If your loss occurred because of someone else’s negligent or wrongful act, call Mincone Personal Injury Lawyers for legal advice today. An experienced Tampa wrongful death lawyer can help you fight to recover compensation from the responsible parties. Call us today at (813) 430-3338.
Our team has a proven track record of helping families like yours fight for justice. Over the years, we’ve recovered millions of dollars in settlements and jury verdicts.
You can benefit from our 15 years of legal experience when your family needs the most help. Contact our law offices in Tampa, Florida, to schedule a free consultation to get started.
Why Trust the Attorneys at Mincone Personal Injury Lawyers to Handle My Tampa Wrongful Death Claim?
Contemplating legal action is difficult when you’re grieving. You may not be precisely sure what caused your loved one’s death. If you even suspect someone else was responsible, our Tampa personal injury attorneys at Mincone Personal Injury Lawyers can help.
Your loved one would want your family to be financially secure. Our Tampa personal injury lawyers can help you hold the person responsible for your loss accountable. When we succeed, the results are twofold: your family is protected, and you get a sense of justice.
Additionally, our attorneys can help by:
- Evaluating all options for recovering compensation
- Determining the cause of your loved one’s death
- Identifying all parties who share legal responsibility
- Evaluating your losses and determining how much compensation you deserve
- Bringing in experts who can prove various elements of your case
- Protecting your loved one’s memory if the insurance company tries to blame them
- Negotiating fiercely for a full insurance settlement
We’re also prepared to take your case to court if necessary for justice. Taking the first step can be tough, but we’re always here to discuss your case. All you have to do is call.
How Common Are Fatal Accidents in Florida?
Fatal accidents are unfortunately common in the Sunshine State.
The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reported 3,399 traffic fatalities across the state of Florida in 2023. 237 of those deaths occurred in Hillsborough County. According to the Federal Motor Carrier Safety Administration (FMCSA), 309 people were killed in fatal accidents involving large trucks in Florida that year.
The Bureau of Labor Statistics reported 307 fatal workplace injuries statewide in 2022. The Florida Department of Health reported 4,207 fatal fall accidents in 2022. Of those fatal falls, 248 happened in Hillsborough County.
Understanding Florida’s Wrongful Death Laws
Any death caused by someone else’s actions can qualify as a wrongful death under the Florida Wrongful Death Act. That includes deaths that occur due to another party’s wrongful act, negligence, default, or breach of contract or warranty.
In other words, you may have a valid case whether your loved one died due to someone’s careless acts or criminal actions.
If your loved one could have filed a personal injury lawsuit had they lived, there’s a good chance you have a valid wrongful death claim.
What Is a Wrongful Death Lawsuit?
Wrongful death lawsuits are civil matters. Like personal injury cases, the remedy is financial compensation. So, your loved one could have filed a lawsuit for damages. As survivors, your family now has the right to pursue compensation.
Most wrongful death cases involve accidents. However, criminal charges may also be pending against the responsible party. The criminal case is entirely separate from your wrongful death claim. In fact, it’s possible to win a wrongful death case even if the defendant is found not guilty.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, the victim’s personal representative has the authority to file a formal wrongful death lawsuit. Typically, that’s an advisor, family member, or close friend.
When damages are recovered, they’re distributed to the victim’s surviving family, including:
- The surviving spouse
- Children
- Parents
- Blood relatives and adoptive siblings if the decedent provided them with financial support
Typically, any damages are distributed according to the victim’s will. If they didn’t have a will, state intestate laws will determine how compensation is distributed among their heirs.
What Is My Tampa Wrongful Death Claim Worth?
You can never be fully compensated for losing a loved one. However, recovering compensation is often the only way to get a sense of justice. To get that justice, you’ll first have to understand how much your family deserves.
Your case value depends on a number of factors:
- The victim’s age and life expectancy
- The identities and ages of the victim’s surviving family
- The level of financial support the victim provided
- How, other than financially, the victim contributed to the family
- The survivors’ emotional suffering and grief
- The circumstances of the death
- Financial losses, including medical costs, funeral bills, etc.
Insurance companies rarely want to hear the details. They may even offer your family a “standard settlement.” Know that there’s really no such thing. To get a fair insurance deal, it’s critical to have an attorney skillfully negotiating on your behalf.
What Types of Damages Are Available in a Wrongful Death Case?
In personal injury cases, victims can recover damages for any loss they have suffered. Wrongful death cases are slightly different. Florida law defines the types of damages that can be awarded.
Those damages typically include:
- Loss of the victim’s financial support
- Loss of the reasonable value of their household services
- Loss of parental guidance, support, and instruction when the victim leaves children
- Loss of a spouse’s companionship, company, and protection (loss of consortium)
- Mental pain and suffering
- Medical expenses incurred between the date of injury and the date of death
- The victim’s lost earnings between the date of injury and the date of death
- Funeral expenses
- Loss of expected inheritance
The identities of the victim’s survivors is important to determining the types of damages that may be available for your family.
How Much Does it Cost to Hire a Wrongful Death Lawyer in Tampa?
We charge contingency fees at Mincone Personal Injury Lawyers. When a lawyer works on a contingency fee basis, it means you won’t have any upfront costs. Your attorney’s fees are deducted from your final settlement or verdict once your case is resolved.
How Can Florida’s Comparative Negligence Law Impact My Family’s Right to Compensation?
Florida has modified comparative negligence laws. That means you lose your right to compensation if your loved one was more than 50% responsible for their own death. Your family’s compensation will be reduced if the defendant can prove that your loved one shared some blame but less than 51%.
If someone is blaming your loved one, assume your entire right to compensation is at risk. While these allegations aren’t always fair or legitimate, they can be effective. It’s critical to have an experienced law firm in your corner to minimize the impact.
Any Type of Severe Accident or Traumatic Event Can Lead to Wrongful Death
Wrongful deaths occur in many different ways. The list is virtually endless.
At Mincone Personal Injury Lawyers, we have the skills to handle any type of fatal accident case, including those involving:
- Car accidents
- Slip and fall accidents
- Motorcycle accidents
- Pedestrian accidents
- Bicycle accidents
- Truck accidents involving semi-trucks, big rigs, and other commercial vehicles
- Bus accidents
- Uber or Lyft accidents
- Boating accidents
- Amusement park accidents
- Cruise ship accidents
- Swimming pool accidents
- Sports accidents
- Construction accidents
- Workplace accidents
- Dog bites and animal attacks
- Dangerous property conditions
- Defective products
- Medical malpractice
- Nursing home abuse and neglect
- Firearm violence and other types of criminal acts
Losing a loved one is always overwhelming. Our Tampa wrongful death attorneys are prepared to handle the legal issues while you focus on what’s really important: getting yourself and your family through this difficult time.
How Do I Prove My Tampa Wrongful Death Case?
Different legal theories may be involved depending on the circumstances of your loved one’s death. Negligence is the most common theory involved in accident cases.
To win, you’ll need proof demonstrating:
- The defendant’s legal duty of care
- How they breached or violated the duty of care
- Causation, or how the breach directly caused your loved one’s death
- The damages your family has suffered
Variations on this basic negligence formula do exist. Premises liability and medical negligence cases require proof of slightly different elements. Some cases are even governed by strict liability laws.
How Long Do I Have to File a Florida Wrongful Death Lawsuit?
Most likely, you will have two years from the date of your loved one’s death to file a lawsuit. Different deadlines may apply depending on the facts, so it’s always a good idea to seek legal advice sooner rather than later.
Call a Skilled Tampa Wrongful Death Lawyer for a Free Case Review
You may be feeling angry, overwhelmed, and frustrated. Our team at Mincone Personal Injury Lawyers understands that. We’re prepared to do everything we can to help your family get justice. Call our Tampa wrongful death lawyers to explore your legal options today.
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