Need help finding a Wrongful Death Attorney in Tampa?

Losing a loved one is an incredibly painful experience, and when it happens due to someone else’s negligence or intentional actions, the pain can be even more devastating. In such difficult times, Brooks Law Group plays a crucial role in providing compassionate support while offering expert legal guidance.

• Compassionate Support during an Emotionally Challenging Time
  The wrongful death lawyers at Brooks Law Group understand the emotional toll that losing a loved one can take on a family. They provide much-needed empathy and compassion throughout the legal process, offering a shoulder to lean on during this emotionally challenging time.These attorneys are not only skilled legal professionals, but also caring individuals who genuinely want to help grieving families find closure and justice.
• Bringing Closure and Justice to Grieving Families
  The loss of a loved one leaves a void that can never be filled. However, obtaining justice for their wrongful death can provide some closure and a sense of peace for grieving families.  The wrongful death lawyers at Brooks Law Group work diligently to secure fair compensation for the financial and emotional damages suffered by the victim’s family. This compensation may cover medical expenses, funeral costs, loss of income, and other related damages.

Understanding the Difference between Wrongful Death Law and Personal Injury Law (Tampa)

While personal injury law focuses on injuries suffered by individuals, wrongful death law deals with fatalities caused by negligence or intentional harm. These two branches of law may seem similar, but they have distinct differences in terms of their scope and purpose.

Tampa Wrongful Death Claims

Wrongful death claims seek compensation for the losses suffered by surviving family members due to the untimely death of their loved one. When someone dies as a result of another party’s negligent actions or deliberate wrongdoing, the surviving family members may be entitled to financial compensation for various damages, including

Tampa Personal Injury Claims

In contrast, personal injury claims are filed when an individual suffers physical or psychological harm due to someone else’s negligence. These cases typically involve accidents, such as

• Car crashes
• Slip and falls
• Medical malpractice incidents
• Product liability issues

Personal injury law aims to provide compensation for the injured party’s medical expenses, pain and suffering, lost wages, and other related damages.

Why the Difference Matters

Understanding these differences is important when taking legal action because it makes sure the right legal remedies are sought. Making a wrongful death claim requires expertise in fatal accident cases. To help grieving families get compensation, the wrongful death lawyers at Brooks Law Group navigate this complex area of law.

Personal injury lawyers can help you navigate the legal process for claims that do not result in death but still cause significant harm or disability. We will evaluate your case, talk to the insurance company, and go to court on your behalf if necessary.

Often, wrongful death claims result from incidents that could have led to personal injury claims if the victim had survived.

For example:

• A car accident resulting in severe injuries: If a person involved in a car accident sustains life-threatening injuries but survives initially, they may file a personal injury claim. However, if their injuries ultimately lead to death, their survivors, along with their estate, can pursue a wrongful death claim in Tampa, Florida.
• Medical malpractice causing fatal complications: When medical negligence leads to a patient’s death, only the surviving spouse, children 25 years old and younger or under, adult children dependent on the deceased, and the parents of the deceased if the deceased was 25 or younger can bring a medical malpractice wrongful death claim. If the patient had survived but suffered severe harm due to medical malpractice, they could have pursued a personal injury claim.  Saying this another way, the family of a deceased victim of medical malpractice won’t recover if they were not married or have children 25-year-old or younger.  This seems patently unfair, but it is the state of the law.

How Does a Wrongful Death Claim Work? Explained.

A wrongful death claim is a legal procedure that the deceased’s close relatives or estate representatives start. It aims to seek justice and compensation for the loss of a loved one because of someone else’s negligence or wrongdoing.

To prove wrongful death, you must prove that someone else’s negligence or intentional actions caused the death. This requires gathering evidence, investigating, and proving your case in court. The plaintiff has the “burden of proof,” which means that he or she must prove that the defendant’s conduct caused the tragic outcome.

The first step in settling a death claim is to file a lawsuit against the person or organization that you believe is at fault. In most cases, only the decedent’s immediate relatives can file a claim.

They include,

• Spouses
• Children
• Parents
• Siblings

Representatives of the deceased’s estate may also initiate legal proceedings on behalf of their loved one.

After the claim is filed, both parties engage in negotiations and pre-trial procedures. This may require the use of discovery procedures like interrogatories and depositions to exchange relevant information and evidence. Before going to trial, these procedures are meant to collect all relevant evidence and strengthen the case.

If a case goes to trial, both sides present their cases and evidence to the judge or jury. The lawyers for both sides will present evidence to back up their cases, such as

• Witness testimony
• Medical records
• Expert testimonies
• Other documents

Your wrongful death attorney must clearly demonstrate how the defendant’s negligence led to your loved one’s untimely death.

If successful in proving liability on the part of the defendant during trial proceedings, compensation can be awarded in wrongful death claims. The amount of compensation depends on various factors, such as

• Medical expenses incurred prior to death
• Funeral costs
• Lost income resulting from the death
• Other damages experienced by the surviving family members

The court may also take into account the claimants’ emotional suffering as a result of their loss.

Splitting Compensation Among Family Members in Wrongful Death Claims in Tampa Bay

In wrongful death claims, one of the crucial aspects to consider is how the compensation is split among surviving family members. The relationship between the deceased person and their family members typically determines the distribution of financial compensation, which varies depending on the jurisdiction.

Laws Governing Distribution

Each jurisdiction has its own set of laws governing the allocation of compensation in wrongful death claims. These laws aim to ensure that surviving family members receive a fair share of the potential compensation. However, navigating through these legal complexities can be challenging without professional guidance from a wrongful death lawyer.

In Tampa, Florida, wrongful death claims are typically filed in the 13th Circuit Court for Hillsborough County. The Florida Wrongful Death Act allows family members to file a wrongful death suit and provides them with compensation for the financial and emotional costs of their loss.

The compensation from a settlement or jury award must be distributed equally among all beneficiaries under the wrongful death statute in Florida. If the adult beneficiaries can come to an agreement on a specific plan for allocation, the court will generally honor that agreement. It is important to act quickly because the statute of limitations for these claims in Florida is short.

Different Types of Wrongful Death Lawsuits and Cases

Wrongful death lawsuits encompass a wide range of scenarios such as medical negligence, product liability, premises liability, or even criminal acts leading to someone’s demise. Each type of case requires specific legal strategies tailored to its unique circumstances. Understanding the different types of wrongful death lawsuits helps determine the most appropriate course of legal action.

Medical Negligence Cases

Medical negligence cases are one common cause of wrongful death lawsuits. These cases arise when a healthcare professional fails to provide the standard level of care expected in their field, resulting in the patient’s death. Examples may include

• Surgical errors
• Misdiagnosis
• Medication mistakes
• Failure to monitor vital signs properly

In these cases, it is crucial to establish that the healthcare provider’s actions directly caused the patient’s death.

Product Liability Cases

Product liability cases occur when a defective product causes someone’s death. This can involve anything from faulty automobile parts and dangerous pharmaceuticals to defective household appliances.

Manufacturers have a responsibility to ensure their products are safe for consumers. If they fail in this duty, and it results in someone’s demise, a wrongful death lawsuit can be pursued.

Premises Liability Cases

Premises liability cases involve deaths that occur due to hazardous conditions on another person’s property. If an individual dies because of inadequate maintenance or unsafe conditions on someone else’s premises (such as slip and fall accidents), their surviving family members may file a wrongful death lawsuit against the property owner or manager responsible for maintaining safe conditions.

Criminal Acts Leading to Death

In some instances, criminal acts can lead to someone’s untimely demise. When a person intentionally causes another person’s death through assault, murder, or other criminal activities, their actions can result in both criminal charges and civil action through a wrongful death lawsuit in Tampa, Florida.

Surviving family members may seek justice by holding the perpetrator accountable for their loved one’s loss.

Car accidents caused by negligent drivers

If someone’s reckless behavior behind the wheel leads to an accident resulting in fatalities, they can be held accountable for their actions. The surviving family members have the right to seek compensation through a wrongful death claim against the at-fault driver.

Workplace accident wrongful death

When employers fail to provide adequate safety measures or neglect proper training protocols, employees may suffer fatal injuries on the job. In these instances, companies can be held responsible for their negligence and face legal action from grieving families seeking justice.

Liability in these cases may fall on individuals, companies, healthcare professionals, or government entities, depending on the circumstances surrounding each incident. It is essential to establish negligence or wrongful actions on the part of the responsible parties to successfully pursue a wrongful death claim.

If you have experienced the loss of a loved one due to someone else’s negligence or intentional actions, it’s essential to consult with an experienced wrongful death lawyer who can guide you through the legal process. We can help evaluate your case and determine the best strategy to pursue compensation for your loss.

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Economic and Non-economic Damages in Wrongful Death Lawsuits

There are two main categories of damages that potential plaintiffs can seek: economic damages and non-economic damages. These types of damages aim to compensate the surviving family members for their losses and hold the at-fault party accountable for their actions.

Let’s take a closer look at what each category entails.

Economic Damages: Quantifiable Losses

Economic damages in wrongful death lawsuits encompass the quantifiable losses that the deceased individual’s family has suffered as a result of their tragic loss. These tangible losses can include various expenses incurred before death or future income that would have been generated had the fatal incident not occurred.

One significant aspect of economic damage is medical bills. When someone tragically loses their life due to another party’s negligence, their estate is often burdened with substantial medical expenses accrued before their passing. These bills can quickly accumulate, leaving grieving families grappling with financial strain on top of emotional pain.

Another element considered under economic damages is lost future income. If the deceased individual was the primary breadwinner or contributed financially to their household, calculating this loss becomes crucial.

The court takes into account factors such as the person’s occupation, salary, and life expectancy to determine the potential earnings they would have generated over time.

Non-economic Damages: Intangible Losses

While economic damages focus on tangible losses, non-economic damages address intangible losses experienced by surviving family members. These losses are more challenging to quantify, but equally important when seeking fair compensation in a wrongful death lawsuit.

One common type of non-economic damage is the pain and suffering endured by both the deceased individual before passing away and their loved ones left behind. Losing a cherished family member unexpectedly brings immense mental pain and anguish that cannot be easily measured or assigned a monetary value.

Loss of companionship is another critical component of non-economic damages. When someone dies due to the negligence or fault of another party, their family members are deprived of the love, care, and support they once enjoyed. This loss can have long-lasting emotional consequences for the surviving spouse, children, parents, or other close relatives.

Frequently Asked Questions