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Wrongful Death Attorney Tampa

Wrongful Death Attorney Tampa

When a person dies from negligence or intentional action, their kin can sue for wrongful death. It aims to bring closure to the bereaved by holding the liable person accountable. A person representing the deceased estate files the claim on behalf of the surviving members directly affected by the death.

Applications

If the plaintiff believes that some wrongful actions have caused death to someone close, the matter proceeds to court.

Intentional killing- This claim automatically applies when a person intentionally ends a life. While the law will pursue charges, the victim's family may add this lawsuit. The wrongful death case is civil and is held separately from the criminal one.

Medical malpractice- When a doctor, surgeon, or other medical practitioner acts with negligence and fails to give proper care a patient dies, a wrongful death claim can apply against the care providers and the hospital.

Vehicular accident- Accident attorneys are also involved in car accidents where a driver's carelessness leads to a third-party death. Events that constitute carelessness include driving under the influence, reckless driving, and disregarding traffic rules.

Elements that qualify the lawsuit include death, monetary injuries related to the death, and the recentness of these events.

Required Evidence

Wrongful death lawyers must present sufficient evidence for their case to be admissible. The plaintiffs demonstrate how a negligent action was the causal factor in the death of a person. In medical cases, negligence extends to failing to give care and how this absence of care leads to the death of a patient.

Plaintiffs

A wrongful death law firm handles the case on behalf of the plaintiff. The plaintiff is a member of the deceased's estate. They are the people who survived them, usually family or people who shared a close relationship with the victim. The legal proceedings are straightforward for spouses or parents who have lost their children. In cases where victims are adult children, grown siblings, or distant relatives, the probability of following up the matter in court decreases. Each jurisdiction defines the people who can legally make a claim.

Damages

Wrongful death attorneys pursue compensation for these losses:

  • Victim's pain and trauma
  • Costs of medical interventions applied unsuccessfully
  • Funeral and burial expenses
  • Loss of the victims extended income
  • Loss of inheritance
  • Loss of services the victim would have provided
  • Loss of love and companionship
  • Loss of care and guidance the victim would have given

The amounts a court awards after a settlement are subject to many factors, including the deceased's age. The court considers all medical and funeral costs and uses a multiplier to determine what is fair for the pain and suffering.

Personal injury lawyers usually extend their practice to wrongful death. If a loved one has been incapacitated because of an injury or accident resulting from negligence or misconduct, involving these accident attorneys early on is crucial, especially if the outcome of the injury is likely to be poor.

Winters & Yonker has represented many people in Tampa, Clearwater, Lakeland, New Port Richey, St. Petersburg in wrongful death lawsuits. Please call us today at 1-813-223-6200 or email info@wintersandyonker.com to schedule a consultation.

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