A Clearwater Wrongful Death Attorney That Will Go to Trial

Need a Clearwater Wrongful Death Attorney?

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. However, before you arrive at that conclusion, consider the following questions:

  • Can I make the wrongdoer take responsibility for causing the wrongful death?
  • Can I make the wrongdoer pay money damages for the suffering they have caused?
  • Will I have the financial resources to support myself or my children?
  • Can a Clearwater wrongful death lawyer help me?

The Distasio Law Firm can answer all of these, as well as many other questions you may have. As distinguished attorneys in our field of law, we are adept at representing a variety of wrongful death cases in Clearwater and throughout the state of Florida. Consult with us in complete confidentiality, and we will advise you about your rights and how to hold offenders responsible for their actions. 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. Our level of skill, determination, and experience in wrongful death cases is unmatched. We are committed to our clients and determined to make our communities safe places for everyone.

The Distasio Law Firm Difference

How do you know if you have hired the best Clearwater wrongful death lawyer? One of the easiest ways is to find an attorney who has all the characteristics listed below.

  • Knowledge and Experience Handling Wrongful Death Cases
    Your lawyer should not only know Florida law. That lawyer should also have years of experience handling wrongful death cases. Scott Distasio has been handling wrongful death cases in Florida for over 28 years. His years of experience investigating, negotiating, settling, filing lawsuits, taking depositions, and going to trial will absolutely make a difference in your case.
  • Independent Verification of the Lawyers 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. This is the highest rating an attorney can receive for both ability and ethics. Scott Distasio is also 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.
  • 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 a board-certified civil trial lawyer. This gives him the right to call himself an expert trial lawyer.
What is a Wrongful Death Lawsuit in Florida?

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 lawsuits address a number of different circumstances which include:

  • Automobile accidents
  • Medical malpractice
  • Nursing Home Abuse
  • Slip and fall injuries

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.

In a wrongful death suit, the victim’s family may be able to receive compensation for their pain and suffering and to make up for the loss of support that the victim was providing to them prior to his or her death. Compensation for funeral and medical expenses can also be awarded.

What Wrongful Death Damages Are Available in Florida?

Recoverable damage varies depending on which state you are in. 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. The law does state, however, that lost wages are not recoverable.

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.

What are the Damages in a Wrongful Death Lawsuit?

How Much is a Wrongful Death Accident Case Worth?

If an attorney tells you that they can determine the value of your wrongful death accident case on your first consultation with them- beware. They are not being truthful. Wrongful death accident case values cannot be determined until a settlement offer is made by the defense or until your case goes to trial.

It is important to know that the circumstances surrounding the case are a major aspect when assessing the value of your case. Deciding factors include whether or not the offender has insurance, the level of insurance they have, and the value of their financial resources. In some cases, the offenders don’t have the financial means or insurance necessary to pay any type of monetary compensation, and unfortunately, often they just go ahead and file bankruptcy.

How Long After a Wrongful Death Do I Have to Bring a Claim?

According to Florida statute 95.11(4) “the lawsuit must be brought within two years of the date of death. This is the amount of time in which wrongful death claims can be brought forth and is referred to as the “statute of limitations.

For cases of wrongful death in a medical malpractice, a lawsuit can 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.

The Role of a Personal Injury Attorney

Looking for a Clearwater Wrongful Death Lawyer? Call (813) 254-4978 Today!

Finding the Best Clearwater Wrongful Death Attorney

If your loved one died as a result of someone’s wrongdoing, you need to be aggressively represented by the lawyers of the Distasio Law Firm. Our attorneys have years of experience and have achieved victories in numerous wrongful death cases over the last 28 years. Contact us today. We are eager to be successful for you, too!

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