Unfortunately, sometimes tragedy strikes, and we lose a dear friend or a loved one. If that tragedy is a death because of negligence or the intentional actions of another individual, you may well be within your rights to take legal action and seek vindication.
At Distasio Law Firm, our experienced injury attorneys have represented a variety of wrongful death cases in Clearwater and throughout the State of Florida. If we represent you, we will work vigorously to see that you get the compensation you’ll need in order to put your life back on track.
A Clearwater wrongful death lawyer from Distasio Law Firm is committed to our clients and determined to make our communities safe places for everyone.
What Is a Wrongful Death?
Wrongful death is defined as the demise of a person that was caused by the actions of another individual, company, or organization. Wrongful death cases address a number of different circumstances, which include:
If the actions of an individual led to the death of a loved one, you may be entitled to compensation. However, it must be established that not only did the individual cause the accident and death but that their actions were intentional or negligent.
Our Team Can Take Care of Your Case
At our firm, we take cases on a contingency fee, meaning working with us comes with no risk, because we don’t charge any upfront costs. Unless and until you are awarded compensation, we can carry out the following tasks on our pursuit of compensation, including:
- Keeping you up to date on the status of your case
- Collecting and organizing evidence
- Speaking to expert and eyewitnesses
- Naming the liable party or parties
- Taking over communication with the other party and their insurance and legal representatives
- Medical records, including the autopsy report
- Negotiating a settlement
- Arguing your case in trial, if necessary
If there is anything else you need us to do for you, please let our compassionate team of Clearwater wrongful death lawyers know. We are here to answer your questions and concerns to make this legal process as smooth as possible for you and your family.
How Much Is a Wrongful Death Accident Case Worth?
It is important to know that the circumstances surrounding the case are a major aspect when assessing the value of your case. General deciding factors include:
- The nature of the accident that took your loved one
- The effect it’s had on you and your family emotionally and financially
- Whether or not the offender has insurance
- The level of insurance they have
- The value of their financial resources
Wrongful Death Damages That are Available in Florida
The Florida Wrongful Death Act states the estate of the deceased is entitled to net accumulations, meaning the amount an individual would have had as savings over his or her lifetime minus any debt or bills. In some cases, it’s also possible to receive compensation for the amount of money your loved one would have contributed to support you.
Additionally, you can be awarded compensation for the “loss of companionship” caused by their death. Compensation for funeral and medical expenses can also be awarded. The law does state, however, that lost wages are not recoverable.
Who Can Collect Wrongful Death Damages
In a wrongful death case in Florida, all those who are entitled to compensation must be identified. Consider your relationship to the victim and understand that the largest share of the monetary damages will be awarded to surviving family members.
Those compensated can include the spouse if the deceased was married and had children under the age of 25. Children over the age of 25 are entitled to compensation when there is no spouse or minor children and if the case doesn’t involve medical malpractice. When there are no children or a spouse involved, the parents of the deceased are entitled to compensation.
In cases involving medical malpractice, adult children and the parents of the deceased are not entitled to compensation.
How Long You Have to Bring a Wrongful Death Case
According to Florida Statutes § 95.11(4)(d), you have two years to bring a wrongful death lawsuit against the liable party.
For cases of wrongful death in a medical malpractice, a lawsuit can also be brought within two years of the time that you discovered or should have discovered that an incident of wrongdoing led to the death of a loved one. This time period cannot exceed four years from the date of the incident.
If you contact one of our proactive wrongful death attorneys in Clearwater about your case soon enough, we can help make sure you adhere to the corresponding deadline. If you try to file after the deadline passed, the American Bar Association (ABA) affirms that your lawsuit will be declared invalid. However, depending on the circumstances of your case, you might be given an extension.
How Distasio Law Firm Stands Out
How do you know if you have hired a reliable and qualified wrongful death lawyer in Clearwater? One of the easiest ways is to find an attorney who has all the characteristics listed below.
Knowledge and Experience with Handling Wrongful Death Cases
Your lawyer should not only know Florida law, but they should also have years of experience handling wrongful death cases. Scott Distasio has been handling wrongful death cases in Florida for over 30 years. His years of experience investigating and building claims will absolutely make a difference in your case.
Independent Verification of the Lawyer’s Ability
All attorneys claim they know what they are doing. Their marketing materials may also be persuasive, but you will only know the truth about that lawyer if the lawyer is rated by respected independent non-biased rating systems.
Scott Distasio has an “AV rating by Martindale-Hubbell law Directory, which is the highest rating an attorney can receive for both ability and ethics.
Willingness and Ability to Go to Trial
Not all Florida wrongful death cases go to trial. The truth is most cases settle, but if your case does need to go to trial it’s important to hire a law firm that has the experience, resources, and ability to try your case.
Scott Distasio is Board Certified by the Florida Bar in trial law. To achieve this accomplishment, a lawyer must have tried a minimum number of cases to a jury and pass a competency exam. Less than 1% of all Florida lawyers are Board Certified.
Get Help from a Clearwater Wrongful Death Attorney Today
After the traumatic event of losing a loved one due to negligence, you should take this time to grieve and spend time with your loved ones. Let a Clearwater wrongful death lawyer from Distasio Law Firm handle all aspects of your case.
Call us today to receive a free, no-obligation case review.