Losing a loved one is a devastating blow, especially when their death was the result of someone else’s careless and reckless behavior. We want to help your family after this kind of loss. A Tampa wrongful death lawyer at Distasio Law Firm can answer your questions.
We have over 35 years of experience, along with the dedication, determination, and discipline to hold the responsible party accountable. Our entire team can work hard to pursue justice and fair monetary compensation for your loss.
Learn more about how our Tampa personal injury lawyers can help by scheduling a risk-free initial consultation.
Why Hire Distasio as Your Wrongful Accident Lawyer?
We add the Distasio Personal Touch to each case. This means we take extra care to ensure our clients’ comfort by:
- Assessing every case for free: Even before you hire us, we can help you by listening to your story and telling you if your case is viable. We can do this at no obligation during one quick and free phone call at any time, day or night.
- Providing empathetic advice: We know you are under a lot of stress right now. We can help you make important legal decisions, such as whether you should settle or go to court.
- Providing frequent updates: Our team can let you know every time something important happens. We can also explain each event’s implications for you and the future of your case.
- Responding in a timely manner: Clients are encouraged to contact us whenever they have a question or need information. We respond to all such queries promptly.
- Accepting no attorney’s fees up front: We charge attorney’s fees if and only if we win compensation for our clients. If we cannot do so, then the client does not have to pay.
Every member of our team is committed to providing you with compassionate, professional legal help. The sooner you contact us, the sooner we can help with a wrongful death case. Our firm’s experience sets us apart.
At Distasio Law Firm, we believe in focusing on your unique needs when you contact us for help. We’ll take the time to listen to all of your concerns and to develop a personalized strategy to address your legal concerns. We use our 35-plus years of combined experience and legal resources from two decades in business to stand up for you every step of the way.
We’re a Local Law Firm That Cares
Our team believes in serving our local community in Tampa from our office on Channelside Drive, close to the Hillsborough County Courthouse. We understand local laws and ordinances, allowing us to confidently assist you throughout every stage of the legal process.
We Have a Record of Helping Families Like Yours
Our team knows what it takes to handle wrongful death claims for our clients. We recently secured:
- $12,000,000 settlement after our client’s husband was shot and killed outside a bar while trying to stop a fight.
- $3,000,000 settlement for the family of a nursing home resident who was murdered by her roommate.
- $1,700,000 settlement for the family of a woman who choked after receiving improper care in a nursing home.
You can reach out to us now to learn more about how we can assist with your family’s claim. Note that past successes do not guarantee future results.
For a free legal consultation with a Wrongful Death Lawyer serving Tampa, call (813) 259 0022
Services Our Wrongful Death Lawyers in Tampa Provide
Our dedicated team at Distasio Law Firm can handle all of your family’s legal needs. We’re here to focus on:
- Collecting evidence: We need to support your lawsuit with documentary evidence. We know where to find such evidence and how to present it to the insurance company or, if necessary, to a jury.
- Identifying the liable party: Even if you already feel sure who caused your loved one’s accident, let us investigate to confirm your suspicions. In some cases, there may be two wrongdoers who owe you damages; we must confirm all of the liable parties’ identities so we do not let someone get away with causing your loved one’s death.
- Calculating your case’s worth: Determining the value of your family’s claim can help you get fair compensation and keep the insurance company from cheating you. Our team can review your case and let you know how much money you should request.
- Meeting with the insurance company: We can schedule negotiations with the insurance company’s representatives and fight aggressively to get you what you need. We’ll handle communication so you can focus on caring for your family.
- Handling forms and paperwork: Whenever you need to file a form, we can fill it out and submit it for you. We would also be happy to prepare the settlement agreement after successful negotiations with the insurer.
- Representing you in court: Unfortunately, some cases cannot be settled out of court. If yours is one of them, we can fight just as vigorously in the courtroom to persuade a jury to award you fair compensation.
You can reach out now to learn more about the services we offer through a risk-free initial consultation.
Tampa Wrongful Death Lawyer Near Me (813) 259 0022
What Wrongful Death Damages are Available in Tampa?
The Florida Wrongful Death Act also covers what types of damages a person’s survivors may be able to collect. These include non-economic damages (for emotional suffering) and economic damages (for financial losses). You may be entitled to any or all of the following:
- Emotional distress: Losing a loved one can cause serious mental anguish that may never fully go away. You could be entitled to compensation for your emotional pain.
- Loss of companionship: The deceased was an invaluable and beloved member of your family. The guidance and affection they can no longer provide you with may be a compensable injury.
- Medical expenses: If you paid for the deceased’s medical care before their passing, you may be able to recover that money through a lawsuit.
- Funeral expenses: Similarly, if you paid for the deceased’s burial or funeral, you may be able to sue for compensation on that basis.
- Loss of financial support: We can calculate how much money the deceased would have earned in lost wages over the course of their career and how much of that money would have gone to support each survivor.
What and how much you can recover in damages will depend on a variety of factors, including your relationship to the deceased and how much time elapsed between the deceased’s injury, pain and suffering, and death. Instead of trying to navigate these intricacies alone, let Distasio Law Firm help.
We can explain your rights and responsibilities and fight hard for a fair settlement, which is why contacting a wrongful death lawyer in Tampa matters.
Click to contact us today
We Understand Florida’s Wrongful Death Laws
In Florida, wrongful death lawsuits are controlled by the Florida Wrongful Death Act, found at Florida Statutes § 768.16 – 768.26. These statutes cover a wide range of topics, including but not limited to:
- When a wrongful death lawsuit is appropriate: In essence, if the deceased would have qualified to file a personal injury lawsuit had they survived the accident, their heirs have the right to file a wrongful death lawsuit.
- Who may file a wrongful death lawsuit: Only the personal representative for the deceased can file a wrongful death lawsuit under Fla. Stat. § 768.20. Your loved one may have selected a personal representative to handle this process, or the court may assign someone this responsibility.
- Limits on the damages covered in a wrongful death claim: Florida restricts the damages available after some fatal accidents. Specifically, these restrictions apply to medical malpractice cases and are covered under Fla. Stat. § 768.21(8).
Our Tampa wrongful death lawyers at Distasio Law Firm will fight for you and do everything in their power to recover damages for your loss.
Complete a Free Case Evaluation form now
Types of Wrongful Death Claims We Handle
You can rely on Distasio Law Firm to assist after many kinds of fatal accidents. For example, you can turn to us for support after a(n):
- Car Accident: Our team can help if you lost a loved one in a fatal motor vehicle accident on Hillsborough Avenue, Busch Boulevard, Dr. Martin Luther King Jr. Boulevard, Kennedy Boulevard, or any of the other dangerous roads around Tampa.
- Truck Accident: A commercial vehicle accident can have deadly consequences. We’re ready to build your claim and handle trucking company representatives after the loss of a loved one.
- Motorcycle Accident: We can stand up for your rights after a motorcycle crash. We can provide you with the legal representation you deserve after this kind of collision.
- Act of Nursing Home Abuse: We take nursing home abuse seriously and want to offer your family the care and support you deserve after the loss of a loved one. Contact us now for a case evaluation.
- Act of Medical Malpractice: Florida law treats fatal medical malpractice cases differently than other types of wrongful death claims. We can use our deep understanding of local laws to build your claim.
- Slip and Fall Accident: We’re ready to take charge if a loved one suffers a fatal fall on someone else’s property. You can contact us after a fall at Benchmark International Arena, Yuengling Center, or anywhere else in town.
- Accident at Work: If a third party caused a fatal workplace accident, we can step in to work on your family’s claim. We’ll draw on our understanding of Florida wrongful death laws to address all of your legal concerns.
Find out more about how a Tampa wrongful death attorney can help and the steps you need to take after a deadly accident by contacting us now.
We Can Investigate and Gather Evidence for Your Family
No matter where the death occurred, the important thing is to prove that the liable party’s actions, whether intentional or otherwise, were directly responsible for your loved one’s unexpected death. This may involve collecting evidence such as the following:
- Footage from surveillance or security cameras
- Police reports
- Medical records
- Witness testimony
- Expert testimony
At Distasio Law Firm, our Tampa wrongful death attorneys will focus on all aspects of the investigative process in order to strengthen your family’s claim.
Prepare for Insurance Company Tactics After a Fatal Accident
In many wrongful death cases, survivors must battle the liable party’s insurance company to get an appropriate settlement. Insurers hire lawyers to protect themselves from lawsuits like yours. These lawyers may try any number of tactics to avoid paying fair compensation, including:
- Blaming the deceased for the accident: Under Florida Statutes § 768.81(2), the amount of money a person can receive decreases if the accident victim is found to be partly or mostly responsible for the accident.
- Offering a settlement that is too small: Some insurers offer token settlements in the hope that the claimants do not understand the true value of their cases and will be satisfied with far less than is appropriate.
- Refusing to negotiate: Once they make a lowball settlement offer, the insurer may refuse to discuss the matter further. This tactic is meant to make victims believe that they must take the lowball offer or receive nothing at all.
- Denying their client’s responsibility: In some cases, the insurance company may insist that their client was not responsible, thereby also insisting that they have no responsibility to pay damages.
The team at Distasio Law Firm wants to help you avoid these pitfalls by taking charge of your Tampa wrongful death case. We know what it takes to stand up to big insurance companies on behalf of clients like you.
How Long After a Wrongful Death Do I Have to File a Lawsuit?
Wrongful death cases must be brought within a certain amount of time. Otherwise, the lawsuit is not valid, no matter how strong a case you have.
In Florida, the wrongful death statute of limitations depends on the type of case you are filing. For example, the relevant statute in your case may be:
- Florida Statutes § 95.11(4)(d): Most wrongful death cases are controlled by this statute. It states that lawsuits must be brought within two years of the date of death.
- Florida Statutes § 95.11(4)(b): Medical malpractice cases fall under this statute. It states that you must bring the lawsuit within two years of when you knew or should have known of the wrongful conduct that caused the death. With few exceptions, you must start the case no more than two years from the date of the event.
- Florida Statutes § 400.0236: Nursing home abuse cases follow the same rules as medical malpractice cases. You have two years from when you knew or should have known about the abuse, and no more than two years overall.
Because of these statutes, it is important that you seek out legal help from Distasio Law Firm as soon as you can after a wrongful death. If you wait too long, you may lose the opportunity to hold the liable party accountable and receive much-needed compensation for your loved one’s death.
Differences Between Wrongful Death Claims and Criminal Charges
Many surviving family members of individuals who have passed away in wrongful death accidents wonder what the differences are between wrongful death claims and criminal charges. After all, you want a chance to hold the culpable party accountable to the fullest extent of the law.
Our team at Distasio Law Firm can explain:
Criminal Charges
Only the state’s prosecuting attorney can bring criminal charges forward. The prosecuting attorney must prove the defendant is guilty beyond a reasonable doubt to secure a conviction. If convicted, the defendant will face criminal penalties such as fines, incarceration, and other consequences.
Remember, if no criminal charges are filed in your case, that does not mean you do not have grounds for a civil wrongful death claim. It is also important to remember that if criminal charges are brought forward and the defendant is acquitted, the verdict should not have any bearing on the outcome of your wrongful death claim.
Our team does not handle cases in the criminal court system. However, we can help with your family’s civil case.
Wrongful Death Claims
Surviving family members may be able to bring forward a civil wrongful death lawsuit against the liable party. With help from your wrongful death attorney, you will need to prove liability by a preponderance of the evidence.
If the jury finds the defendant liable for the decedent’s death, it can order them to compensate you. You would be compensated for the various ways the defendant’s wrongful or negligent actions have affected the decedent’s life and your family’s lives.
If you have additional questions regarding criminal charges and wrongful death claims in your case, do not hesitate to contact a knowledgeable wrongful death lawyer from our firm in Tampa with your concerns.
Frequently Asked Questions About Wrongful Death Claims in Tampa
We understand that the wrongful death claims process may be overwhelming. To help you prepare, we’ve answered some of the most frequently asked questions about wrongful death claims in Tampa below.
If you have additional questions that were not answered on this page, be sure to contact our team at Distasio Law Firm to discuss your specific concerns in further detail.
Will My Case Need to Go to Court?
Many wrongful death claims can be settled through the defendant’s insurance company. However, if insurance doesn’t cover the damages you’re entitled to, or the insurance company won’t settle your claim fairly, it may be in your family’s best interest to bring a wrongful death case before a judge.
Should I Accept an Offer from the Insurance Company?
You should never accept an offer from the insurance company without first reviewing it with your attorney. Insurance companies are notorious for making lowball settlement offers when they know families are struggling financially and try to bypass your rightful wrongful death action.
Can I Still File a Wrongful Death Claim if There Are Pending Criminal Charges?
You can still file a claim and move forward with your wrongful death case even if the defendant is also facing criminal charges. However, your Tampa wrongful death lawyer’s ability to obtain the evidence needed to support your case could be called into question if the state’s prosecuting attorney is involved.
A Tampa Wrongful Death Attorney Could Help You Seek Justice
Distasio Law Firm has been helping families hold wrongdoers accountable in wrongful death cases for 20 years. If you believe your loved one’s death was the result of a wrongful, preventable accident, we would like to help with a free consultation.
We understand the emotional trauma that wrongful deaths can cause and want to do everything in our power to ease your burden throughout your lawsuit. We are truly sorry for your loss. We know that this is a difficult time for you and your family, and we would like to help you in any way we can.
To learn more about your legal options, call us anytime for a free case review. A compassionate Tampa wrongful death attorney from our firm can fight for accountability and compensation on your behalf.
Call or text (813) 259 0022 or complete a Free Case Evaluation form