If you lost a spouse, child, parent, sibling, or another close relative in an incident caused by negligence or wrongdoing, you might have a wrongful death case. You may be able to get financial compensation, and more importantly, hold the at-fault party accountable.
At Distasio Law Firm, our Valrico wrongful death lawyers know that legal action cannot undo the grief you are experiencing. However, we also know that compensation through a wrongful death case may alleviate the financial burden you face, and we want to help you get it.
Possible Benefits of a Wrongful Death Case
If your loved one died, a wrongful death case may accomplish several important things, including:
- Getting justice for your loved one
- Holding the liable party responsible for their actions
- Giving you a sense of closure
- Recovering financial compensation
A lawyer from our legal team can let you in on the other ways a wrongful death case can help your situation.
What Types of Deaths are “Wrongful Deaths?”
According to Florida Statute §768.19, a wrongful death case is when:
- A wrongful act, negligence, or failure to act causes a person’s death; and
- Had the person survived, they would have had the right to bring a personal injury case and recover damages.
Countless situations can cause wrongful deaths, including:
- Truck accidents
- Motorcycle accidents
- Car accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Surgery mistakes
- Failure to diagnose
- Defective medication
- Birth injuries
- Fall accidents
- Pharmacy malpractice
- Swimming pool accidents
- Nursing home abuse
- Workplace accidents
- Lack of security leading to physical violence
Elements of a Wrongful Death
The main elements of a wrongful death claim are:
- Duty: The defendant had an obligation to exercise due care.
- Failure to uphold the duty: The defendant violated this duty.
- Causation: Their breach of duty caused your loved one’s death.
- Damages: Damages like lost income and funeral bills resulting from the death.
A lawyer from our firm can tell you more about wrongful death cases and help you with your own.
Damages in a Wrongful Death Case Vary
Damages are the losses resulting from your loved one’s death. The wrongful death damages available in Florida vary depending on the case and your relationship with the victim.
Generally, the deceased person’s estate may recover compensation for:
- The money the person would have likely had in their estate based on their income and other financial information
- Lost income between the injury and death
- Medical bills
- Funeral and burial costs
Surviving family may benefit from compensation for:
- Lost financial support
- Loss of the services that the victim performed, such as household maintenance and childcare
- Loss of companionship, protection, or guidance
- Pain and suffering
- Medical and funeral expenses
The victim’s spouse, children, or parents typically benefit from the recovered damages.
Individuals Who May Bring a Wrongful Death Case
Per Florida law, the decedent’s personal representative brings a wrongful death case. This individual acts on behalf of the victim’s estate and surviving family. The victim’s will often designates the personal representative. Often a spouse, adult child, or parent is the personal representative.
How Distasio Law Firm Can Help You During Your Wrongful Death Case
Distasio Law Firm can represent you and your family during your case. We know Florida’s wrongful death laws and bring claims on behalf of those killed by negligence and wrongdoing. We can help you fight to hold the negligent party accountable.
A Valrico wrongful death lawyer from Distasio Law Firm can:
- Explain what to expect during the wrongful death case and keep you informed as the case evolves
- Answer any legal questions you have
- Investigate the circumstances of your loved one’s death
- Identify who is liable for the death
- Find evidence of the defendant’s role in your loved one’s death
- Interview eyewitnesses and get their testimony
- Prepare documents and pleadings
- Handle the wrongful death lawsuit
- Identify the damages that you sustained due to the death
- Negotiate with the insurance companies or other parties
- Pursue financial recovery for you and your family
- Represent you in a wrongful death trial
The Statute of Limitations for Wrongful Death Lawsuits
The sooner you speak to Distasio Law Firm, the sooner we can begin investigating your case, gathering evidence, speaking with witnesses, and building your wrongful death case.
It is also important to contact us as soon as possible because wrongful death lawsuits are subject to time limits. Per Florida Statute § 95.11(4)(d), you must file a wrongful death lawsuit within two years of your loved one’s death. If more than two years pass, you may lose your opportunity to file a lawsuit.
Contact Distasio Law Firm Today to Learn More
A Valrico wrongful death lawyer from Distasio Law Firm can provide you with legal advocacy and representation during your case. Our firm believes that all clients deserve great client service and a personal touch. We can help you during this difficult time in your life.
Call (813) 259-0022 for a free case evaluation. We take wrongful death cases on a contingency fee. There are no upfront legal costs. You do not pay any fees unless and until we successfully obtain a settlement or award for you.