Losing a loved one is an emotionally challenging time in anyone’s life. If your loved one’s death is the result of negligent or intentional actions, you may be entitled to compensation. Navigating Florida’s complex wrongful death laws can be confusing. A Wesley Chapel wrongful death lawyer near you from Distasio Law Firm can streamline deadlines, documents, and more on your behalf so that you can focus on being with your family as you mourn your loss.
After a wrongful death, pursuing financial recovery can mean filing a lawsuit against those responsible for your loved one’s death. This could be an individual, a company, or multiple people. Being awarded compensation does not make up for losing a loved one. However, it can help you feel a sense of justice. Our team of Wesley Chapel attorneys can assess your wrongful death case for free and advise you of your options during a free consultation.
Determining if You are Eligible to Pursue Wrongful Death Damages
Under the Florida Wrongful Death Act, only a few survivors of the decedent can recover damages via a wrongful death lawsuit in Florida. They include the decedent’s:
- Surviving spouse
- Children (minor and adult if there is no surviving spouse)
- A dependent blood relative
- Dependent adopted children
Under Florida law, a personal representative acting on behalf of the deceased’s estate can file a wrongful death action, per Florida Statutes § 768.20. According to state law, the personal representative is also acting on behalf of surviving family members, which they must list when filing the action.
Our dedicated lawyers will look at the circumstances and details of your loved one’s passing and advise you on your family’s eligibility to file a wrongful death action in Wesley Chapel. We will also review who can bring the wrongful death action forward and explain how compensation would be distributed accordingly. If your loved one died as a result of a criminal act, you can still pursue a wrongful death case, even if the liable party is charged with a crime and undergoes criminal proceedings in court.
Recoverable Damages Under a Florida Wrongful Death Action
The amount of compensation a family member can claim in a Wesley Chapel wrongful death case depends on multiple factors, which our knowledgeable attorneys will explain to you. Depending on the circumstances of the case and your relationship with the deceased, your compensation could cover:
- The decedent’s funeral, cremation, and/or burial costs
- Medical costs paid for the decedent’s treatment before they died
- Loss of the decedent’s companionship, instruction, and guidance
- Mental pain and suffering
- Any earnings your loved one contributed to the household
We will Make Sure Your Intangible Damages are Counted
Some of the intangible damages listed above, such as pain and suffering, do not have a dollar value, which means we will have to calculate and assign them a value to ensure they are fairly counted. We will also help you uncover additional damages you may not be aware you qualify for. There also are potentially other areas of compensation that you could claim in a wrongful death action.
Under Florida Statutes § 768.21, you may be eligible to recover “the value of lost support and services from the date of the decedent’s injury to [their] death, with interest, and future loss of support and services from the date of death and reduced to present value.” Our experienced Wesley Chapel wrongful death attorney can discuss these damages with you and others that apply to your case during a free, no-obligation consultation.
We Can Start Your Case Today with No Upfront Attorney’s Fees
A lawyer in Wesley Chapel will discuss the avenues open to you if you want to pursue a wrongful death action. If you decide to take legal action, we can represent you in the process on a contingency fee basis. This means you pay no costs or fees upfront to retain our services. We will get right to work on your case, and we collect a payment only if we win a settlement or a court award in your favor.
Different Types of Wrongful Death Actions
Wrongful death claims fall into several categories, including:
- Medical malpractice
- Negligence in a nursing home
- Slip and fall accidents
- Airplane accidents
- Poorly maintained work equipment
- Mislabeled medications and wrongly prescribed medications
- Defective goods
If you are not sure if your loved one’s death was the result of someone’s negligence, a consultation call with a Wesley Chapel wrongful death attorney can get you the answers you need as you consider your next move.
Proving Wrongful Death in Florida
It might be straightforward enough to link a fatal accident to the other party or parties involved. However, to prove a case of wrongful death in Florida, the plaintiff must also show that the other party caused the death due to negligent or intentional actions.
For example, if there was a safety hazard in a public place, and a person fell and died because of their injuries, the plaintiff must show there was a known and neglected safety hazard. For instance, the area may have lacked warning signs, or they might not have cordoned off the unsafe area.
A Wesley Chapel untimely death claims lawyer would assist with this by:
- Taking your statement
- Obtaining closed-circuit television (CCTV) footage and photographic evidence
- Establishing whether there had been previous complaints about the site or similar accidents
- Gathering witness statements
The above is just an example of how our wrongful death attorney can help you and your family with your Wesley Chapel case. We can also review your loved one’s medical records to prove the treatment they received, as well as pay stubs or timesheets to show their loss of income. Any evidence you can share with us will be used to support your case.
Other Ways Our Wesley Chapel Wrongful Death Lawyer Near You will Help
Distasio Law Firm always puts our client’s needs first. We realize that losing a loved one is difficult, and we also know that taking care of legal matters concerning your relative’s death can feel like an extra weight. We will serve as your legal advocate, looking out for your interests and protecting your rights. We will:
- Be upfront with you from the beginning about the possibilities in your case
- Update you regularly on all case developments
- Meet with the insurance company and other legal representatives involved in your case so you won’t have to
- Keep track of all timelines and deadlines relevant to your case
- Complete and file essential paperwork
- Represent you in hearings and in court, including at trial, if we do not reach a settlement in your case
We are here for you and will answer any of your questions or address your concerns.
Florida Gives You a Certain Time to File Your Wrongful Death Case
When you are grieving, it is understandable that legal action may not be your first thought. However, you have only a limited amount of time to pursue compensation in a Florida wrongful death action, so it is important that you act promptly. Although there are some exceptions, you have two years to file a wrongful death lawsuit under Florida Statutes § 95.11 (4)(d). This time frame is otherwise known as a statute of limitations.
Two years may seem like a long time, but the earlier you get started, the sooner Distasio Law Firm can start a detailed assessment of your case, gathering the documents and evidence needed to file your claim. A person filing a personal injury case in Florida has two years to do so under Florida Statutes 93.11 (3)(a).
Hear From People who Have Experienced the Distasio Difference
When you come to Distasio Law Firm, you are guaranteed legal service with our personal touch. We take the time to understand your case, and we will go the extra mile to represent you. We are proud to serve our personal injury clients, which we have been doing for more than 30 years.
The Distasio Difference is offered to everyone who enters our doors looking for legal help. Here’s what our past clients say about working with us.
- Thanks for all your help and guidance through this difficult period. You and your staff have been very professional, knowledgeable and thoughtful. – The Estate of Barbara Belloise-King
- The Distasio Law Firm did a tremendous job with my lawsuit. The staff was very helpful with any questions and concerns that I had. Leslie and Jennifer were great to work with. I would strongly recommend the Distasio Law Firm to anyone who needs their service. – Don Navin, Tampa
- The Distasio Law Firm made the entire process stress free. I was updated throughout the process, and was assured they were handling everything. Everyone was very nice and professional. I even recommended them to my co-workers who were in need of representation. – Erica Russell, Tampa
A Wesley Chapel Wrongful Death Attorney Can Help You Seek Justice
When you work with a nearby Wesley Chapel wrongful death lawyer at Distasio Law Firm, we handle all the logistics and negotiations in your case, giving your family time and space to mourn the loss of your loved one. If another party is responsible for the wrongful death of your loved one, you have the right to pursue compensation. For a personal touch and a client-first approach, call Distasio Law Firm today so we can start working for you.