Coming To Terms With A Fatal Accident
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Whenever one party causes the death of another, whether by accident or by intent, the person responsible for the death may be held liable for it under wrongful death law. Damages can include one-time settlements or disbursements over time to cover financial losses suffered by the victim’s estate. One of the most common scenarios involves a designated representative of the victim’s estate bringing suit and recovery funds being distributed according to either the terms of the victim’s will or through other lawful means.
Bringing a Wrongful Death Claim
If you are either the named or agreed-upon executor of the victim’s estate, the Tampa wrongful death attorney team of Winters & Yonker wishes to first extend their deepest sympathies, and also encourage you to call today to arrange a free consultation. We can explain your rights and start the process of bringing action against the negligent party who caused this terrible tragedy.
Pecuniary Loss and the Law
The term, “Pecuniary Loss,” is synonymous with, “monetary loss.” The defendant in a wrongful death case could be held liable for the pecuniary losses suffered by family members of the victim. These damages include (but are not limited to):
- Funeral expenses
- Medical bills
- Lost wages
- Child support
- Daycare and other family care expenses
- Any other monies the deceased would have continued to provide
Damages are most typically awarded to immediate family members (spouses, siblings, parents, and children.
If your spouse or parent has become victim of wrongful death, you need a wrongful death attorney Tampa residents trust to fight for and settle your wrongful death case in a way that ensures that you and your family maintain their standard of living in the face of this terrible loss. The attorneys at Winters & Yonker will fight aggressively for your rights. Our goal is to eliminate the pecuniary losses to you that result from other people’s negligence.
Recovering in a wrongful death case can sometimes be difficult. When the case concerns the well-being of young children, for example, calculating damages according to projected potential earnings or established financial support is part of the process and both parties rarely agree on those numbers immediately.
This is the first and most important reason why you should always seek the help of a qualified Tampa wrongful death attorney with a track record of recovering substantial damages in wrongful death cases. The attorneys at Winters & Yonker have the experience and proven track record necessary to collect the maximum settlement or judgment possible for you.
The Aggressive Attorneys
At Winters & Yonker, we call ourselves the Aggressive Attorneys for a reason. We work tirelessly to build wrongful death cases on the behalf of people who lose the company and support of cherished loved ones due to the negligence or malice of others. Call us today at 888-373-7770 to arrange a free consultation today. This is your first step on the road to healing, recovering from this stressful ordeal, and enjoying a sound financial future without worry about being able to keep providing your family’s needs.
Truthfully, emotional anguish and pain and suffering are very rarely factors in wrongful death cases. Only real losses are typically considered when calculating a settlement. If, however, the death was witnessed by a child or other close family member, issues like post-traumatic stress can arise. In cases like this, damages for the emotional scars could factor prominently.
Did a member of the victim’s immediate family witness the events that led to wrongful death? If so, your Tampa wrongful death attorney at Winters & Yonker is waiting to discuss your case and advise you on how best to proceed with your case. Call us at 888-373-7770 anytime. We are here when you need us.
Wrongful Death vs. Personal Injury
Wrongful death and personal injury cases are often approached from very different angles. This is part of the reason why recovering damages for things like the victim’s pain and suffering are not often cited in wrongful death cases. There are exceptions, however. Damages related to pain and suffering need to be handled as personal injury and often in a separate action.
When you work with Winters & Yonker, you have the help and support of a wrongful death attorney Tampa has grown to trust as an authority on both wrongful death and personal injury law. If you have an actionable claim on both sides of the issue, we will let you know and counsel you on how best to approach the situation legally.
Wrongful Death and Homicide
The law draws clear lines between wrongful death and criminal homicide. These are also separate cases under the rule of law. Wrongful death cases are civil actions. This means that the accusation is initiated by either an individual or group with the purpose of recovering damages like those described above. Criminal homicide cases are brought by local, state, or Federal bodies with the expectation of punishment for the act. Homicide cases involve penalties like incarceration and capital punishment. Wrongful death cases focus almost exclusively on monetary damages.
Keep in mind that even defendants found not guilty criminal trials can still be held liable for wrongful death. A “not guilty” verdict only shields the defendant from criminal penalties. If the cause of death was deemed unintentional or absent of malice, an acquittal is a real possibility. That does not negate any claim or proof of negligence.
Do not decide against bringing a wrongful death suit on the basis of a verdict in a criminal trial. Let your Tampa wrongful death attorney at Winters & Yonker sort out the details and determine if you have a case.
24/7/365 – Our Commitment to You
Winters & Yonker wants to be the firm you think of first when you think of a personal injury or wrongful death attorney Tampa trusts to settle wrongful death cases fairly and in the best interest of the victim’s estate. We don’t take weekends off and we can be reached any hour of the day or night. If circumstances prohibit you from coming to us, we will come to you, bringing with us all the knowledge, expertise, and support you need at this trying time. Don’t wait. Call today at 888-373-7770 or contact us online.