Wrongful Death Attorney in Tampa
If you or someone you know have lost someone unexpectedly, you need support more than ever and that is why it is critical that you seek legal counsel from the experienced Tampa wrongful death attorney at Dennis Hernandez & Associates, PA. Our attorneys are empathetic to your concerns and can help you with the legal matters that often arise during these tragic times.
Some of the common causes of a wrongful death are car accidents, truck accidents, birth injuries, medical malpractice, accidents at the workplace, intentional harm of another or accidents that have been caused by negligence, recklessness, intoxication or aggression. According to the Florida Wrongful Death Act passed by the Florida legislature, spouses, children, parents and any blood relatives that have been dependent on the deceased for financial or emotional support, may seek compensation. Contact our expert attorneys for a FREE initial confidential consultation at 813-250-0000 or by filling out our contact form.
What is a Wrongful Death Case?
A civil action brought by the survivors — or the estate — of a person who died due to the intentional actions or negligence of another is called a “wrongful death” case. Each state has an exact set of rules governing claims, including rules identifying who can file a wrongful death lawsuit in the state’s civil court system. Usually, a family member or the personal representative of the deceased’s estate will be able to file the suit. The rules of each state also specify when this kind of case needs to be filed, and the various types of damages that can be recovered in the event of a lawsuit.
The Tampa wrongful death attorneys at Dennis Hernandez & Associates, PA know that the death of a loved one is very painful and tragic, especially when it is caused by the wrongdoing of someone else. There is nothing that could replace the loved one that you have lost. The emotional trauma of having to live without their companionship, emotional and financial support may add to your pain even more.
If your loss was as a result of the negligence, recklessness or deliberate actions of someone else, you may have grounds for a case. Your next step should be to hire the Tampa wrongful death attorneys from the law office of Dennis Hernandez & Associates, PA. Doing so will help you during this most difficult time.
Wrongful Death Damages
The amount of damages that the surviving family of the deceased can receive is determined by the court based on a number of factors. These may include the relationship between the survivor and the deceased, the amount of the deceased’s net income available to the survivor, the replacement value of the deceased’s services, and the life expectancy of all parties. In addition to that, an individual’s relationship to the decedent may entitle them to specific benefits as follows:
Each survivor may recover:
- Value with interest of lost support from the date of injury or death
- Future loss of support and services from the date of death reduced to present value
- Medical and funeral expenses due to the injury or death (may be recovered to the survivor who has paid them)
Spouses may recover for:
- Loss of decedent’s companionship and protection
- Mental pain and suffering from the date of injury
Children & Parents
- Minors may seek compensation for lost parental companionship and guidance
- Mental pain and suffering from the date of injury or death
- Each parent of a minor child may recover for mental pain and suffering from the date of injury
- Parents of adult children may recover for mental pain and suffering if there are no other survivors
In addition to these damages, in cases where intentional or reckless actions have caused a death of someone, the court may choose to impose punitive damages to punish the offending party and discourage them and others from such behavior in the future.
If you have lost a loved one due to the negligent act of someone, contact the Tampa wrongful death attorneys at Dennis Hernandez & Associates, PA to learn more about your legal options.