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Wrongful Death Lawyer in Tampa, FL
Your life is moving along as usual and then without warning, a fatal car accident happens which takes the life of your loved one. Fatal car accidents often cause anger, frustration, sadness, and confusion to set in. We’ve seen it happen with clients before.
The Tampa wrongful death attorney from KFB Law handling your case will be there to help you and your family in this time of need, both as a counselor and advocate.
Table of Contents
- What is a wrongful death lawsuit?
- Who can file a wrongful death lawsuit?
- The four elements in a wrongful death case
- Types of damages
- Timeline for filing a wrongful death case
- What to look for in a wrongful death attorney
- Free Tampa Wrongful Death Attorney Consultation
- Contact One of Our Offices
A Tampa wrongful death attorney answers questions about fatal car accidents:
You’re probably left with a lot of questions after the death of a loved one. To help you better understand what a wrongful death case is and what the process is like, here a few frequently asked questions and their answers. We’ll go over the following:
- What is a wrongful death lawsuit?
- Who can file a wrongful death lawsuit in the state of Florida?
- What four elements must be proven in a wrongful death case?
- What type of damages can you claim in a wrongful death lawsuit?
- What should I look for in hiring a wrongful death attorney?
- How much is hiring a wrongful death lawyer going to cost?
- What amount of damages am I entitled to after fatal car accidents?
What is a wrongful death lawsuit?
A wrongful death lawsuit is a claim brought by an estate on behalf of beneficiaries against a person or corporation liable for causing the wrongful death. That means their death was caused by the negligence of another person and is different from a potential criminal prosecution.
Who can file a wrongful death lawsuit in the state of Florida?
If someone lost their life due to the negligence of another person, the victim’s surviving family members can file suit against the negligent party. The state of Florida limits the potential parties to only close family members of the decedent under the Wrongful Death Act. This act says that the decedent’s spouse, children and parents may file a claim. Additionally, blood relatives or adoptive brothers and sisters that relied on the decedent for support or services may also file a claim.
What four elements must be proven in a wrongful death case?
Claimants in a wrongful death lawsuit must prove four key elements in order to validate their claim.
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- Duty of Care: Duty of care states that someone has a legal obligation to act responsibly, with care, and without causing harm to another member of the general public. For instance, a licensed driver has a duty of care to operate that motor vehicle safely, adhering to speed limits and obeying laws. If a driver was texting while driving rather than paying attention to the road, they may be negligent in an auto accident.
- Breach of Duty: Breach of duty of care is essentially when a person fails to take proper and reasonable care when performing a task. Essentially, they may be liable for their negligence and could be held responsible. Using our car accident example, a driver that is texting while driving rather than paying attention to the road may be negligent, or in breach of duty, in an auto accident.
- Causation: Causation means that in order to hold the defendant responsible in a wrongful death claim, you must first prove that the negligent actions directly resulted in your loved one’s death. A Tampa wrongful death attorney will take important steps to help establish causation including speaking to witnesses, taking photographs and reconstructing the accident.
- Damages: The final element that must be proven in a wrongful death claim is damages. That means that the decedent’s death resulted in financial costs, or non-medical damages such as pain in suffering. The different types of damages that can be claimed in a wrongful death lawsuit are explored in greater detail below.
What type of damages can you claim in a wrongful death lawsuit?
The types of damages that may be claimed in a wrongful death suit in the state of Florida are complicated and may vary from case to case.
In general, the damages claimed by spouses and survivors can include compensation for medical and funeral expenses, loss of companionship including parental companionship when applicable, loss of financial support and services, and mental pain and suffering.
If the deceased’s estate is making a claim, damages can also include the same medical and funeral expenses, plus lost earnings and net accumulations like future potential income.
How long do I have to file a wrongful death claim in the state of Florida?
In the state of Florida, the statute of limitations for car accident injuries is typically four years. However, the statute of limitations for a wrongful death claim is only two years. This means that if you have lost a loved one in a car accident due to the negligence of another person, you must initiate your case no later than two years after the decedent’s date of death.
What should you look for in a wrongful death attorney?
Hiring a Tampa wrongful death lawyer is a big deal. Not all lawyers are created equal, and the most important thing is getting to meet the wrongful death attorney who is going to handle your case.
If you can’t get your wrongful death lawyer on the phone or feel like you’re getting the runaround on the first call, how do you think the rest of the relationship is going to go?
At our first attorney-client meeting you’ll:
- Meet the personal injury lawyer who will handle your wrongful death case in Tampa from start to finish.
- Get a full breakdown of what to expect and how our firm is going to help you and your family in this time of need.
Getting the right information you need to hire the best wrongful death lawyer for you can’t be found on a website. Nor can it be located at the other end of a 1-800 number. We believe the answers you need should come from a face-to-face meeting or phone interview.
Seek Legal Advice Immediately
Fatal car accidents are often caused by negligence or carelessness. If a loved one has suffered a wrongful death due to the negligent act of another, you should hire an attorney. Get legal advice from an aggressive and experienced Tampa wrongful death attorney quickly. Issues related to personal injury law, insurance coverage, and claims of negligence and damages are often complicated. We have the experience and desire to provide legal representation that puts your interests first and protects your rights.
The initial meeting with your Tampa wrongful death lawyer is free.
Our wrongful death lawyer will seek to resolve the problems that come with fatal car accidents, and file a wrongful death lawsuit to obtain the monetary compensation you and your family deserve.
We work on a contingency fee which means we only collect a percentage of what we recover for you. Contact a Tampa wrongful death attorney at KFB Law today.
Car accident wrongful death
Florida’s roadways can be a dangerous place. In 2017, more than 400,000 car accidents occurred in our state, resulting in 3000 fatalities. While not every car accident death will result in a wrongful death claim, it’s important to understand what elements must be present in order to have a viable wrongful death car accident wrongful death claim in the state of Florida.
- The other party must have had a Duty of Care, which is a legal obligation to act responsibly. This includes both the driver of the other vehicle, or even the manufacturer of the car, if a faulty product contributed to the car accident.
- The other party must also have had a breach of that duty, which means that they failed to abide by that legal obligation.
- There must be causation. Causation is evidence of the negligence that directly resulted in the car accident and ultimately the death of a loved one.
- Finally, you must have damages. This means that the death of your loved one had a direct final impact on you or your family.
Wrongful death cases can be complicated and difficult. This is why it’s critical to have an experienced wrongful death accident attorney handle your case. Our experienced Tampa attorneys take the time to carefully evaluate your case during your free consultation, advising you of your rights in a wrongful death case, and taking the critical steps to ensure you and your family get the compensation you deserve.
Semi-truck accident wrongful death
According to the IIHS, 1 in 10 highway deaths occurs in a crash involving a large truck. Sadly, most of the deaths in large truck crashes are actually the occupants of passenger vehicles. This is because damage and subsequent injuries sustained in semi-truck accidents are often more serious than typical car accidents.
Tractor trailers are heavy-load vehicles. Their size and the weight of their cargo are major factors in semi-truck accidents. When a car is hit by a force of this magnitude the damages sustained are often catastrophic. In fact, more than 3,986 people died in large truck crashes in 2016.
Additionally, semi-trucks are at a higher risk for accidents. Factors that your wrongful death attorney should evaluate include:
- Truck driver fatigue. Under federal regulations, semi-truck and tractor-trailer drivers are allowed to drive up to 11 hours in a stretch, and up to 70 hours in one week. Your semi-truck accident attorney will carefully evaluate driver logs to ensure that the vehicle operator was not exceeding guidelines.
- Truck braking capability. Loaded tractor-trailers take 20-40 percent farther than cars to stop. This can be even greater on wet and slippery roads or with poorly maintained brakes. Properly trained truck drivers must take critical steps when operating in poor conditions to ensure that their vehicle is given adequate time to brake and avoid a collision.
- Rollover. In an effort to reduce semi-truck accidents, electronic stability control requirements took effect for most new truck tractors in 2017. This technology helps tractor-trailer drivers mitigate issues that are the cause of rollover accidents. However, this requirement exists only for recent models.
In fact, there are a number of common types of semi-truck accidents that our semi-truck wrongful death attorneys have experience handling. These include jackknife accidents, truck rollovers, accidents caused by wide turns and blind spots, lost load, and even tire blowouts.
If a member of your family was killed as the result of an accident involving a semi-truck, tractor-trailer or 18-wheeler, it’s important to talk to an experienced Florida wrongful death attorney.
Our team will carefully review your case to help guide you through the different issues faced in semi-truck accidents. This includes filing your commercial insurance claim against the trucking company, navigating the laws that govern wrongful death in commercial trucking accidents, and any negotiations to help ensure that you receive the compensation you deserve.
Motorcycle accident wrongful death
Florida’s naturally temperate climate offers year-round riding weather for motorcyclists. Although we don’t need to compete with snow or icy roads like northern states, our roadways can be just as dangerous for riders. The sheer volume of motorcycles on Florida roadways should make all drivers more aware. There were 595,946 motorcycles registered in our state in 2017.
These motorcyclists are already at higher risk for injuries in an accident because of the features of their vehicle. With no doors, windows or metal to protect them, there is often very little between them and the road.
In 2016, there were more than 10,000 motorcycle accidents. These came at a high cost. According to the Florida Department of Health, motorcycle accidents resulted in $675 million dollars in medical costs in our state. They also resulted in 459 fatalities, ranking Florida as one of the most deadly states for motorcycle riders.
If you have lost a family member due to distracted driving, driving under the influence, failure to yield or distracted driving you may be eligible for monetary compensation. This compensation can include medical expenses resulting from the accident before the victim’s death, funeral and burial expenses, loss of companionship, loss of of future income, loss of benefits, and pain and suffering.
Wrongful death claims are subject to a statute of limitations, so it is important to act immediately. If you have lost a loved one due to someone else’s negligence, contact an experienced motorcycle accident wrongful death attorney in Tampa. Our aggressive attorneys will help protect the rights of surviving family members and ensure that you get the compensation you deserve.
Pedestrian accident wrongful death
All too often, careless or distracted drivers are the cause of pedestrian accidents.
In fact, while Florida is famous for a lot of things, there is one distinction that we’d rather not be recognized for: Florida is one of the most deadly states for pedestrians. A study by the Governors Highway Safety Association ranked Florida as the second highest state for pedestrian deaths in the first half of 2017. When adjusted for population, we still were the fifth most dangerous locale.
So, what are the major causes of pedestrian accidents in Florida? The answer is often driver negligence. That includes:
- Careless driving including, distracted driving
- Not yielding at crosswalks
- Speeding
- Disobeying traffic signals
- Driving under the influence
As with other personal injury cases, pedestrians injured in an accident can receive compensation for their injuries to help cover their medical bills, lost wages, as well as pain and suffering.
If a pedestrian is killed as a result of the accident, specific surviving family members may be eligible to pursue a wrongful death case. The damages for pedestrian wrongful death claim may also include funeral and burial expenses, future income potential and loss of companionship.
A Tampa attorney from KFB Law experienced in pedestrian accident wrongful death lawsuits will help you carefully navigate the legal process. This includes filing a claim against the insurance company, determining liable parties, and if there were any outside factors or parties that contributed to the accident.
We understand the devastating effects that the unexpected and tragic loss of a loved one can have on your family. If you are the next of kin for a family member who died because of another person’s negligence, contact our office for a complimentary consultation. Our experienced and aggressive attorneys will provide you with the guidance and representation needed to get the compensation you deserve.
See also: Florida Wrongful Death Lawsuit Statute
We would be glad to meet you in person at our Tampa, St. Petersburg, New Port Richey, Wesley Chapel, Plant City or Riverview offices or at any location that is convenient for you.
Tracy grutman2023-11-09This law office is undoubtedly my number 1 go to and recommendation for anyone. The team is caring and attentive to your individual needs and efficient in their work. Ive gone here fortunately but unfortunately one to many occasions but they've had me evey single time. I couldn't ask for better service. Thank you.
Addison Hobbs2023-11-09This office assisted me in pursuing a case after a car accident and helped answer all of my questions. From start to end of the case (which was completed in 6 months!), I felt like Marcus had my back and truly was there to represent and advocate for me. 10/10 would recommend to anyone in need of legal support.
O C2023-11-09Marcus Fernandez is the MAN with the plan…Kinney, Fernandez &Boire,P.A and the GANG Was A Miracle Blessings Too ME!!!!!I would recommend them to anyone…Special Thanks To Mrs.DEE She kept me Encouraged &Motivated the whole way through definitely GREAT PEOPLE TOO HANDLE BUSINESS WITH
Mark Ziegler2023-10-09Thank you, Rob Roy and Kinney, Fernandez & Boire, P.A.! I could not have received any better legal services. From the beginning, Mr. Roy explained the process very clearly. He answered all my questions and could not have been any more responsive when I reached out to him. At a time when dealing with legal issues was the last thing we wanted to worry about, everything was handled very professionally, thoroughly, and timely. My wife and I could not be more pleased with the service we were provided by Rob Roy and Kinney, Fernandez & Boire, P.A. and would highly recommend Rob Roy as your personal injury attorney.
Bobby Lennon2023-10-08I would definitely use them again they helped me out alot thanx Mr. Roy u did your job
Ashley Bunch2023-09-26They handled my case very quickly, I am very satisfied with Rob and his staff.
Marlen Capatides2023-09-15THEY HAVE GREAT FOOD AND BISCUITS AND CORNBREAD!!! THEY ATTEND TO CUSTOMER PRETTY FAST AND COURTEOUS!!!
Michael Taylor2023-08-08Best law firm
Melissa Brown2023-08-07Kinney,Fernandez & Boir is so professional and also they work quickly I was injured in a automobile accident including my 9 yr old son Rob Roy was excellent patient and caring we felt relief knowing he was there every step of the way and that we were in good hands I will definitely recommend Rob Roy of Kinney, Fernandez & Boir.
