Do you need a Wrongful Death Attorney Tampa?Wrongful death is defined as the death of a person because of the negligence or malicious intent of a third party. The death is considered wrongful because if it wasn’t for this negligence, the death would not have occurred and could have been easily prevented. If you live in Florida and lost a loved one under these circumstances, you can get justice with a Tampa Wrongful Death Lawyer. Call an experienced Wrongful Death Attorney Tampa at Winters and Yonker today if you want to find out how the legal system can help you ensure that the person responsible for the wrongful death is held accountable for their actions.
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What is Florida’s Statute of Limitations for Wrongful Death Claims?If you are a resident of Florida, you need to be aware that a wrongful death lawsuit must be filed within two years of the date of death of your loved one. If you fail to do so within this timeframe, the legal system will not be able to bring the violators to justice. In other words, if you don’t take legal action within two years, the statute of limitations will prohibit you from taking any legal action after that. This is why it is important that if you strongly believe the death of your loved one was due to the negligence of a third party, you should speak to our Wrongful Death Attorney Tampa team as soon as possible.
What Qualifies as a Wrongful Death?Many times, those accused of wrongful death cases are healthcare providers. If a person is hospitalized and dies in the hospital, the family may choose to take legal action with the help of a Wrongful Death Attorney Tampa against the doctor, the nurse, the surgeon or anyone they deem responsible for the death if they have sufficient evidence to prove that this is the reason their loved one died. There have been many cases where untimely deaths have occurred through the hands of a healthcare provider. Often, nurses have given the wrong dose or the doctor has prescribed a dose that is much higher than the recommended dose. There are also cases where the patient is misdiagnosed and is treated for a condition which they do not suffer from.
Related: Personal Injury Case MythsOften, surgeries are performed on patients who do not need them and these surgeries then result in complications that could result in the death of the patient. All these scenarios demonstrate wrongful death. If the family members have evidence to prove the death was caused by any of these actions, they can choose to file a lawsuit against the person they hold responsible. Talk to our Wrongful Death Attorney Tampa professionals to find out if you have sufficient evidence to take legal action.
Who Can Initiate a Wrongful Death Lawsuit?In most cases, it is the surviving family members that can choose to take legal action against the person they believe caused the death of their loved one. These include:
- Surviving spouses
- Surviving adult children
- Living parents
Different Types of Wrongful Death LawsuitsIf you have lost someone in Tampa, Florida, and it was caused by negligence, you have the right to file a wrongful death lawsuit. However, before you do so, you should talk to a Tampa Wrongful Death Lawyer as there are two different types of wrongful death lawsuits. These include:
- A wrongful death lawsuit through the traditional route where surviving family members or a personal representative can seek compensation that is based on the value of the life of the deceased. This means that they can seek compensation for lost wages that the deceased would have earned had they not passed away in an untimely manner. Also, a traditional wrongful death lawsuit can also include compensation for loss of companionship (in case of a surviving spouse); loss of care (in case of children or elderly parents).
- A wrongful death lawsuit from an estate claim where surviving family members or a personal representative can seek compensation that is based on the financial loss that has resulted from the death of the victim. Such a claim can include compensation for any medical expenses that were incurred during the treatment of the deceased, burial and funeral expenses for the deceased, the pain and loss of losing a loved one and any other financial costs that the person filing the lawsuit deems to be associated with the untimely death of their loved one.
How Can a Wrongful Death Attorney Tampa Help a Wrongful Death Claim?At Winters and Yonker, we understand losing a loved one can be a very emotional and traumatic experience. If you are a young spouse with little children and you have lost the only earning member of your family due to the negligence of a third party, it can be extremely frustrating for you and your family. Similarly, if your spouse or parent lost their lives in the workplace and you find out that their employer refuses to take any responsibility while you feel that they are directly responsible for their death, it can make you angry. You might want to retaliate in the worst possible way. Our wrongful death lawyer understands these emotions as they have dealt with many similar families who have lost a loved one through the malicious intent or negligence of another person. While we understand your need for justice and we understand that losing someone you love can be very difficult, we would still advise you to approach the situation in a calm and composed manner. If it was the healthcare providers who played a role in the untimely death of your loved one, we need you to provide every little detail to our lawyers. Keep in mind that anything and everything you can think of is important in such a case as this can help your wrongful death lawyer to establish the authenticity of your claim. No court will take your lawsuit seriously if you don’t have evidence to support your claim.
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