Did you recently lose a loved one in an accident in Tampa, FL? We know you are going through a difficult time. Winters & Yonker Personal Injury Lawyers wants you to know that your family may be entitled to file a wrongful death claim to recover compensation for your loved one’s death.
Money won’t bring your loved one back. But it can help you cope with their loss financially.
Our Tampa wrongful death lawyers have over 100 years of combined legal experience. We’ve recovered millions for injury victims and families in Tampa Bay. We know how to help you get justice after your loved one’s death.
Contact us today to schedule a free consultation to discuss your wrongful death case. Our Tampa wrongful death attorneys work on contingency, which means we don’t charge legal fees unless we recover a verdict or settlement on your behalf.
How Winters & Yonker Personal Injury Lawyers Can Help After the Wrongful Death of a Loved One
The loss of a family member can upend your life. Not only do you have to move forward without their companionship, but you also have to find a way to make ends meet in their absence. If someone else is responsible for your loved one’s death, they should be forced to pay — not you.
Our compassionate Tampa personal injury lawyers can help you hold the at-fault party liable and seek the compensation your family needs during this difficult time.
Winters & Yonker Personal Injury Lawyers is one of the most well-known personal injury law firms in Tampa Bay. We’ve recovered millions for our clients since we opened our doors. And we’re not done yet.
When you hire us, you can expect:
- A compassionate advocate who will patiently explain your rights and options after your loved one’s death
- A full investigation of your family member’s death to gather evidence and identify at-fault parties
- A thorough calculation of the financial losses you’ve experienced since their death
- A lawyer to handle all communications and negotiations with insurance companies and other parties
- A legal team that is prepared to take your case to trial to protect your rights
Contact us today in Tampa, Florida, to schedule a no-pressure case review with a Tampa personal injury attorney. We’re here to help.
What Does Wrongful Death Mean in Florida?
Wrongful death is a legal term referring to a death caused by negligence or intentional wrongdoing. A wrongful death can generate a wrongful death claim for surviving family members, which allows the family to recover compensation related to their loved one’s death.
Most wrongful death cases arise from serious accidents, including motor vehicle accidents, workplace accidents, and other incidents. If your loved one would have had the right to file a lawsuit had they survived their injuries, you will likely have a wrongful death claim.
Wrongful death cases are decided in civil court. If a court or jury finds another party liable for your family member’s death, the party must compensate you for your damages.
We Handle All Types of Wrongful Death Claims in Tampa, Florida
Almost any type of accident can result in fatal injuries, not to mention crimes like assault. That’s why Winters & Yonker Personal Injury Lawyers handles all types of wrongful death cases in Florida. Indeed, we have over a century of experience helping families navigate complex personal injury claims.
We represent families who have lost loved ones in:
- Car Accidents
- Bus and Truck Accidents
- Motorcycle Accidents
- Bicycle Accidents
- Pedestrian Accidents
- Slip and Falls
- Workplace Accidents
- Medical Malpractice Incidents
We can help you explore all avenues for compensation after your loved one’s death. We will identify each liable party and help ensure your family gets the money it deserves in this tragic time.
What is My Wrongful Death Claim Worth?
How do you measure a life? This question is at the heart of a wrongful death case. Wrongful death cases tend to have the highest value of any civil case. Every life is unique, and the death of a person results in unique damages.
The value of your wrongful death claim will depend on several important factors:
- Your loved one’s life expectancy
- Their income and earning potential
- Their general health before their death
- Your family’s experience with the loss of your loved one’s companionship and support
- The household chores your loved one was responsible for
- Your loved one’s involvement in child rearing
- Other factors
The valuation of a wrongful death claim is complex. It usually requires help from financial and economic experts. That’s why the best way to determine the value of your claim is to contact an experienced wrongful death lawyer. Winters & Yonker Personal Injury Lawyers offers free initial consultations.
What Damages Are Available in a Wrongful Death Claim in Tampa, FL?
Surviving family members can typically recover two kinds of damages in a Florida wrongful death case.
The victim’s estate can recover money for the decedent’s:
- Medical expenses after their injury and before their death
- Funeral and burial costs
- Lost income and earnings
- Loss of net accumulations.
Surviving family members are entitled to different damages based on their personal and emotional losses, including:
- Pain and suffering of the decedent
- Loss of support and loss of companionship
- Loss of services
- Any medical or funeral expenses the family paid
A Tampa wrongful death lawyer can help you determine what damages are available in your case. Your attorney can also bring in experts to help calculate the value of your losses.
Who Can File a Wrongful Death Lawsuit in Tampa?
Not everyone can bring a wrongful death case in Florida. Most states allow surviving spouses or family members to initiate the claim. However, Florida Statute Section 768.19 requires the decedent’s Personal Representative to bring the wrongful death claim before the probate court.
The Personal Representative will typically be named in the decedent’s will. If the decedent left no will, a court can name a Personal Representative, who can then bring the claim on behalf of the estate.
The requirements for filing a wrongful death lawsuit in Florida are complicated. You should consult with an experienced law office to determine whether you are eligible to file a wrongful death case after your loved one’s death.
How Do I Prove Wrongful Death in Tampa, Florida?
The proof required for your wrongful death claim will depend on the nature of your loved one’s death. Most wrongful death cases are based on negligence.
Negligence requires evidence of four claims:
- Duty – You will have to show the at-fault party owed your loved one a duty of care to avoid harming them. Duties arise from a law or relationship between the parties.
- Breach – You will have to prove the defendant breached their duty. You will do this by showing the at-fault party failed to act like a reasonable person in the circumstances leading to your loved one’s death.
- Causation – You will have to show the defendant caused your loved one’s death. You will provide evidence showing your loved one’s death would not have happened but for the defendant’s negligence. You will also have to show your loved one’s death was foreseeable.
- Damages – You will have to show your family and loved one suffered damages.
Your attorney will put forth various types of evidence to prove your claim. They will use accident/police reports, video footage, photographs, medical records, witness testimony, and expert witness testimony.
Contact Winters & Yonker Personal Injury Lawyers for help proving your wrongful death case.
How Long Do I Have to File a Wrongful Death Lawsuit in Florida?
Florida law places time limits on your ability to file a wrongful death case. You’ll have just two years to file your case. The clock starts ticking on the date of your loved one’s death.
Statutes of limitations can be tricky. You should always consult an experienced attorney for help calculating the filing deadlines in your case. Likewise, we highly recommend starting right away on your case; delays can make it difficult to investigate your loved one’s death and obtain the right evidence.
Contact a Tampa Wrongful Death Lawyer for a Free Consultation
If you lost a loved one in an accident, you are not alone. Winters & Yonker Personal Injury Lawyers is here to help. We will handle every aspect of your wrongful death claim and give your family the time it needs to grieve and process your loss.
We will put our vast experience and resources into getting you the compensation you deserve for your loss. Let us help you obtain justice and financial stability.
Contact us today to schedule a free case consultation with a Tampa wrongful death lawyer. Our legal team is standing by to take your call.
Our personal injury law firm in Tampa, FL, also provides:
- Bicycle Accident Lawyers in Tampa
- Brain Injury Attorneys in Tampa
- Bus Accident Attorney in Tampa, FL
- Catastrophic Injury Lawyer in Tampa
- Car Accident Lawyer in Tampa, FL
- Child Injury Lawyers in Tampa
- Construction Accident Lawyer in Tampa, FL
- Dog Bites Attorneys in Tampa
- Medical Malpractice Attorneys in Tampa, FL
- Motorcycle Accident Lawyer in Tampa
- Pedestrian Accident Lawyers in Tampa
- Premises Liability Attorney in Tampa
- Product Liability Lawyers in Tampa, FL
- Slip and Fall Lawyer in Tampa
- Truck Accident Lawyer in Tampa, FL
- Uber Accident Lawyers in Tampa
- Workers’ Compensation Attorneys in Tampa
- Workplace Accident Attorney in Tampa, FL