When someone else’s negligence results in the death of a loved one, it can feel like the world is caving in around you. It may seem unfathomable to think that someone’s recklessness or carelessness has torn your loved one away forever. Distracted drivers, negligent doctors, dangerous and defective products, and careless property owners can all cause wrongful death. The knowledge that proper care and attention might have prevented death is devastating. The Tampa wrongful death lawyers at Fiol Law Group empathizes with surviving family members after the wrongful death of a loved one, and may be able to help during this immensely difficult time.
Why Pursue a Wrongful Death Claim in Tampa?
A wrongful death claim may be the last thing on your mind after the death of a loved one. You may be focused on planning a funeral, paying for burial expenses, or sorting through the mountain of medical bills left behind. Fiol Law Group is here to tell you that legal action may be able to cover all these costs and compensate you and your family for many other damages. A wrongful death claim can give you a much-needed sense of closure after a death that just doesn’t seem right to you. Pursuing justice for your wrongfully deceased wife, husband, child, parent, brother, or sister can give your family what it needs to begin to heal.
Filing a claim against a defendant for wrongful death can shed light on the defendant’s negligence, dangerous practices, or blatant disregard for the law. Hospital negligence claims, for example, can expose doctors or facilities that operate below accepted standards of patient care. A Tampa car accident lawsuit can hold a drunken driver responsible for his or her grave mistakes. Thus, these claims can in turn prevent future wrongful death cases. Moreover, a Florida civil court claim may be the only way your family can afford the substantial expenses a death can cause, such as medical bills of a hospital stay prior to death, property damage, and funeral/burial expenses.
Types of Wrongful Death Claims in Florida
In Florida, a wrongful death is one that a person or entity causes through any “wrongful act, negligence, default, or breach of contract or warranty.” Wrongful deaths are especially painful and difficult to come to terms with. Surviving family members often have lingering questions such as, “Who caused my loved one’s death?” and “Could someone have prevented it?”
While there are virtually limitless scenarios that could result in wrongful death, there are common situations that most often result in this type of claim. Exploring the types of wrongful death claims can help you and your family decide if you have grounds for a lawsuit. Below are some of the most common causes of wrongful death; our Tampa wrongful death attorneys will meet with you in a free, private consultation to discuss your unique circumstances.
Car and Truck Accidents
One of the most common types of wrongful death claims is a car-accident related claim. So far in 2017, there have been 2,620 traffic accident fatalities in Florida. After fatal car accidents, surviving family members must handle funeral and burial expenses, medical bills, and lost household incomes – on top of having to say goodbye to a beloved family member.
If a distracted or drunk driver caused a fatal accident, the family could bring a claim against the at-fault driver. Other parties that may be at fault for a fatal accident include vehicle part manufacturers, the government for faulty roadways, and an employer such as a trucking company for a commercial accident.
Employers owe duties of care to employees. They must maintain safe workplace environments, provide any necessary safety gear or training, and engage in proper hiring and retention practices. Any breach of these duties that results in an employee’s death is negligence. Family members can not only pursue recovery through workers’ compensation but also through a wrongful death claim in the event of a negligence-related fatal accident. Consider filing a claim if your loved one died in a construction accident, workplace slip and fall, or incident involving a hazardous substance.
Tampa’s hospitals and healthcare practitioners aren’t perfect, but the law doesn’t expect perfection. It does, however, expect all physicians to act within accepted standards in the medical industry. Misdiagnosis, medication errors, negligent patient care, surgical mistakes, and birth injuries are all examples of medical malpractice that could lead to wrongful death claims if the patient does not survive.
Defective or Dangerous Products
Sometimes defective and dangerous consumer products kill unsuspecting buyers. Defective children’s toys, medications, medical devices, household appliances, vehicle parts, and other items can cause fatalities and result in lawsuits. For the most part, family members do not have to prove a manufacturer or distributor’s negligence to proceed with product liability claims. Thanks to strict liability laws, they must only show the product had a defect and that this defect killed a loved one.
If your loved one died after serious injuries on someone else’s property, look into the question of property owner negligence. Elevator/escalator accidents, animal attacks, slip and falls, fires, floods, falling objects, and roof collapses are all examples of premises liability accidents that would likely translate into wrongful death claims. Premises liability wrongful death claims rely on the plaintiff’s ability to prove property owner negligence. Retain an attorney for help with all types of wrongful death claims in Florida.
Types of Damages in Wrongful Death Claims
If your wrongful death claim is successful, the courts may award you compensation for many types of damages you and your family have suffered. Damages in these kinds of cases include payment for lost support and services of the deceased person and loss of his/her companionship, guidance, and protection. This is especially true in cases involving a surviving spouse or minor children. Other types of damages include:
- Mental and emotional pain and suffering
- Medical/funeral expenses family members paid
- Deceased person’s lost wages and benefits
- Medical/funeral expenses the estate paid
The types and amounts of damages you may receive in a wrongful death case will vary depending on the circumstances of your loved one’s death. Speak to the Tampa wrongful death attorneys at Fiol Law Group for a more detailed idea of what types of damages your family may be eligible to receive. Fiol Law Group can help you understand your rights and privileges as a family member of the deceased, and walk you through the claims process in Tampa Bay. Our free consultations may be well worth your while if we believe you have grounds for a claim.
Legal Help from Our Family to Yours | Tampa Wrongful Death Lawyer
The compassionate and competent lawyers at Fiol Law Group are dedicated to helping victims of negligence in the Tampa Bay area. If a slip and fall accident, car accident, truck accident, medical malpractice and hospital negligence law, dangerous product, defective piece of equipment, or another type of negligence led to the death of your loved one, don’t let the responsible party get away without facing justice. Fiol Law Group may be able to help you hold the negligent individual or company responsible for their actions and receive the money you need during this tough time. Call (813) 223-6773 or fill out our online contact form to speak with one of our Tampa wrongful death attorneys.