Tampa Wrongful Death Attorneys

Compassionate Guidance & Skilled Advocacy

There is nothing more devastating than losing a loved one – especially if you lost them due to someone else’s negligence, mistake, or inaction.

If you lost a loved one in a preventable and negligent accident, you have the right to pursue legal action. Consult with the Tampa wrongful death attorneys at Harmon Parker, P.A. Our compassionate team of legal professionals can build a strong case on your behalf, handling every aspect of your case while you focus on your family.

Contact us online or call (813) 452-4144 to discuss your case with us during a free consultation.

Defining Wrongful Death in Florida

Florida law defines wrongful death as a death that "is caused by the wrongful act, negligence, default, or breach of contract" of another person or entity. When this occurs, the deceased person's estate has the right to pursue legal action against those responsible in Florida courts for compensation.

Wrongful death could occur in virtually any type of accident, including:

• Car accidents
• Motorcycle accidents
• Truck accidents
• Slip and falls
• Hazardous premises accidents
• Negligent security incidents
• Nursing home abuse
• Construction accidents
• Plane accidents
• Boating accidents

Who May File a Wrongful Death Claim in Tampa?

While some states allow virtually any member of a deceased person's immediate family to file a wrongful death claim, Florida reserves the filing right to the personal representative of the deceased person's estate. This person may be named in the person's will, estate plan, or appointed by the court. While a wrongful death claim may only be filed by the personal representative, these claims are filed on behalf of the estate and any surviving family members with a legal interest in the case.

The following family members are entitled to receive compensation in a wrongful death case under the Florida Wrongful Death Act:

• Spouses
• Children
• Parents
• Blood relatives or adoptive siblings who were partially or wholly dependent on the deceased

Damages in Wrongful Death Claims

After losing a loved one, the emotional and financial effects can add up and have a serious impact on your life. By filing a wrongful death claim, you may be able to obtain financial compensation as a form of support. Though no amount of money can undo the pain you have suffered, it can help you move on and support your surviving family members.

In a wrongful death case, you may be compensated for:

• Lost income
• Loss of companionship
• Loss of support and services
• Emotional pain and suffering
• The deceased’s savings
• The deceased’s medical expenses
• Funeral expenses

What Must Be Proven to Win a Wrongful Death Case in Florida?

A wrongful death is very much like a personal injury case, with the only difference being that the claim is being brought on the deceased person's behalf. As such, the plaintiffs in a wrongful death case must be able to prove the same core elements as they would in a personal injury case to be successful in recovering damages.

In a claim for wrongful death in Florida, a plaintiff must generally be able to prove the following:

• The defendant had a duty of care to the deceased person.
• The defendant breached this duty of care by acting acted in an intentional, negligent, or reckless manner.
• The breach of duty of care directly caused the wrongful death.
• The amount of the family's losses is monetarily quantifiable, and the defendant should compensate the family for this amount.

How Long Do You Have to File a Wrongful Death Claim in Tampa, Florida?

Like any civil claim, wrongful death lawsuits in Tampa, Florida are subject to a legal deadline commonly known as a "statute of limitations." Under Florida Statutes Title VIII. Limitations § 95.11 (4)(d), eligible parties have two years from the date of death to file a wrongful death claim. This deadline may sometimes be "tolled," or delayed, under rare circumstances. Once the statute of limitations period expires, you will lose your right to sue. An attorney experienced in handling Florida wrongful death claims can help you understand exactly how the statute of limitations applies to your case.

Contact Our Compassionate Tampa Wrongful Death Attorneys

The insurance company will likely fight tooth and nail to avoid paying you the full compensation to which you are entitled under the law. Insurance companies have large teams of experienced attorneys who are focused on limiting their liability. To combat this, you need a skilled and capable wrongful death attorney on your side. Turn to Harmon Parker, P.A. in your time of need.

Give us a call at (813) 452-4144 to schedule your free consultation.