Tampa Wrongful Death Lawyers

When a loved one dies, carrying on with your life and coping with loss and grief can be very difficult. If someone else’s negligence or wrongful act caused the death, your grief may feel even heavier. You may face painful questions about why your loved one had to die. You may also wonder how to hold the responsible party accountable.

It is, of course, impossible to turn back time and prevent the actions that led to your loved one’s death. However, you may be able to come to some acceptance and achieve a sense of justice by holding the responsible party accountable through a wrongful death lawsuit.

If you recently lost a family member and believe someone else’s negligence caused their death, seek legal guidance. Speaking with an experienced Tampa wrongful death lawyer can help you decide whether to file a lawsuit. The trusted attorneys at Dennis Hernandez Injury Attorneys have helped many families across Florida seek justice. We are committed to holding the responsible parties accountable for the loss of your loved one.

What Is Considered a Wrongful Death in Florida?

Section 768.19 of the Florida Wrongful Death Act says a wrongful death occurs when someone dies due to another person’s wrongful act, negligence, default, or breach of contract or warranty. In other words, almost any accident caused by someone else’s negligence — if it results in death — may qualify as a wrongful death under Florida law.

A surgical error that resulted in a patient’s death, a fatal truck accident caused by a distracted driver, a fatal fall from a defective ladder, or a drowning at an unsafe pool, may, for example, all provide the basis for a wrongful death lawsuit. In general, wrongful deaths occur due to:

Car accidents – According to the National Center for Injury Prevention and Control, car accidents are a leading cause of unintentional injury deaths in the U.S., with approximately 40,000 accident-related deaths occurring each year. When a distracted, impaired, or speeding driver causes a fatal accident, the law considers that death a wrongful death.
Workplace accidents – Fatal accidents can occur at any workplace, but they are especially prevalent among workers in the construction, transportation, and law enforcement industries.
Medical errors – Healthcare professionals make serious mistakes all the time. In fact, Johns Hopkins researchers (prior to the Covid-19 pandemic) reported that 10% of all deaths in the U.S. are due to medical errors. These deaths could be considered wrongful deaths.
Falls – Unintentional falls are also a leading cause of injury deaths in the U.S. When someone dies after falling due to unsafe conditions on someone’s property or due to using an unsafe product, their death may be considered wrongful death.
Drownings – Despite pool safety regulations imposed by Florida’s Residential Swimming Pool Safety Act, Florida still leads the nation in drownings per year. When someone drowns because of inadequate pool safety measures, the death could be viewed as wrongful death.

Who Can File a Wrongful Death Claim in Florida?

Filing a wrongful death claim in Florida can be overwhelming for individuals and families. Getting help from an experienced Tampa wrongful death attorney can provide the support and guidance you need to act in your own best interest during this difficult time.

The Florida Wrongful Death Act (sections 768.16 – 768.26 of the Florida Statutes) explains who can file a claim. The decedent’s personal representative — usually the estate’s Executor — must initiate the wrongful death lawsuit. Both the estate and the surviving family members may be entitled to recover damages through the claim.

A surviving spouse has the first right to file a wrongful death claim. If there is no spouse, the right passes to the deceased’s children. If no spouse or children exist, the parents may file the claim. Blood relatives and adopted siblings who depended on the deceased for support or services may also qualify to file.

What Are the Standards of Proof for a Florida Wrongful Death Claim?

A wrongful death claim must meet the standards of proof for a valid negligence claim. The exact proof of negligence varies with the circumstances surrounding the negligent or wrongful act and resulting fatal injuries, but in all cases, you have to be able to prove that:

The negligent person(s) or entity had a legal duty to the deceased. For example, a doctor has a legal duty to provide healthcare services of the same quality as a reasonably prudent healthcare provider practicing in the same area of medicine would provide, and a property owner has a legal duty to keep his property in reasonably safe condition for invited visitors and others or, if not entirely possible, warn them of a danger.
They failed to meet their legal duty. For example, a doctor must provide care that meets the standard of a reasonably prudent medical professional in the same specialty. If the doctor fails to meet that standard, he may be found legally negligent. The same applies to property owners. If they know a structure is dangerous but don’t repair it or warn visitors, they may also be held responsible for breaching their legal duty.
Their failure to meet their legal duty caused fatal injuries. When a doctor fails to follow standard procedures and causes injury, that harm may result from the doctor’s negligence. Likewise, if someone gets injured due to dangerous conditions on a property, the property owner or manager may be held responsible for that negligence.

Like most personal injury lawsuits, a statute of limitations applies to your right to file a wrongful death lawsuit. In Florida, this is two years. That is, you must file a wrongful death lawsuit within two years of the death, or you waive the right to hold the culpable party accountable.

What Compensation Can Be Provided in a Florida Wrongful Death Lawsuit?

In the State of Florida, the decedent’s estate and surviving family members may both have valid claims for damages. The estate can receive compensation for injuries the decedent suffered before death or that relate directly to the death. Survivors may also pursue separate claims based on their personal losses.

Because the estate receives this compensation, the beneficiaries or legal heirs will eventually receive the funds. In most cases, the decedent’s legal survivors are included. The estate may receive compensation for the following:

Lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived.
Lost “prospective net accumulations” of the estate, or the value of earnings the estate could reasonably have been expected to collect if the decedent had lived.
Medical and funeral expenses that were paid by the estate directly.

In Florida wrongful death lawsuits, survivors also have a legal right to pursue additional damages to compensate them for the emotional impact of the decedent’s death. This compensation may include:

Loss of support and services. This refers to the value of the support and services the deceased would have provided to surviving family members. It covers the time between the injury and the person’s death, along with the future support they would have provided. The final amount depends on multiple factors. These include the cost to replace the services and the relationship between survivor and victim. It also considers the survivor’s financial situation and the life expectancy of both people.
Loss of companionship. A surviving spouse may be able to get compensated for the loss of companionship, protection and support. Minor children may also collect compensation for their loss of parental companionship, instruction, and guidance, whereas adult children can only obtain compensation if there is no surviving spouse.
Mental and emotional pain and suffering due to the loss. Surviving spouses and minor children can be compensated for the mental pain and suffering they experience due to the death. Parents may also obtain compensation if the victim was a minor child.

Get the Help You Need from Experienced Tampa Wrongful Death Attorneys

If you believe someone’s negligence caused your loved one’s death, we are here to help. The Tampa wrongful death attorneys at Dennis Hernandez Injury Attorneys are ready to support you. We understand how overwhelming financial and legal matters can be after such a loss. Our goal is to help you get the justice and compensation you deserve.

We will gather all necessary evidence quickly to prove negligence in your case. Our team will also negotiate vigorously with insurance companies and defense attorneys on your behalf. You can count on us to build a strong case proving wrongful death. We fight to show your right to compensation for the financial and emotional impact of your loved one’s loss.

Many personal injury lawyers try to settle out of court at all costs. At Dennis Hernandez Injury Attorneys, we never back down from fighting for your rights. We support you through every step of the legal process. Our team uses extensive trial experience to fight for the full compensation you deserve.

Call our Tampa office at 855-LAW-DENNIS or fill in the FREE CASE EVALUATION form on our website to get started on your case.

Sources:
Johns Hopkins Medicine. (2016, May 3). Study suggests medical errors now third leading cause of death in the U.S. https://www.hopkinsmedicine.org/news/media/releases/study_suggests_medical_errors_now_third_leading_cause_of_death_in_the_us

National Center for Injury Prevention and Control. Centers for Disease Control and Prevention. (2019). 10 Leading causes of injury deaths by age group highlighting unintentional injury deaths, United States – 2018.
https://www.cdc.gov/injury/wisqars/pdf/leading_causes_of_injury_deaths_highlighting_unintentional_2018-508.pdf

The 2020 Florida Statutes. Chapter 768. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/0768.html

The 2020 Florida Statutes. Chapter 515. http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0515/0515ContentsIndex.html