Tampa Wrongful Death Lawyer
Your teenager was killed in a car accident. A doctor operated on the wrong body part, killing your father. Your sister died from a dog bite wound after a dog bit her while jogging.
These are all devastating situations that nobody wants to go through. Another thing these events have in common is that they are all wrongful death cases. An accidental, unexpected death may be considered wrongful death if it meets certain elements. Filing a wrongful death claim allows you to recover compensation for your losses.
If your loved one died due to someone else’s negligence or reckless behavior, you have legal rights under Florida law. Contact a Tampa wrongful death lawyer from Franco Law Firm to file a lawsuit and recover compensation.
Causes of Wrongful Death
A wrongful death can happen in a number of ways, including the following:
- Car accidents
- Truck accidents
- Bicycle accidents
- Medical malpractice
- Birth injuries
- Workplace accidents and exposure
- Defective products
- Premises liability accidents
- Slips and falls
- Nursing home abuse and neglect
- Dog bites
What you may not know is that criminal actions can also be considered wrongful death. So if your loved one was killed in a shooting, stabbing, or other type of violence, you can legally sue the perpetrator for wrongful death in a civil suit. The person can face criminal penalties as well, but the prosecutor—not you—would be responsible for filing those charges. However, keep in mind that criminal charges do not typically result in any compensation to the victims.
Elements of Wrongful Death
There are four elements of wrongful death:
- Negligence. In wrongful death cases, it must be proven that the victim’s death was caused by someone else’s careless, reckless, or negligent actions.
- Breach of duty. It must be proven that the defendant had a duty to the plaintiff and that this duty was breached.
- Causation. It must be proven that the defendant’s actions directly caused the victim’s death.
- Damages. The victim’s family will need to prove that their loved one’s death led to quantifiable damages, such as funeral costs, burial costs, medical expenses, lost wages, and pain and suffering.
Who Can File a Wrongful Death Lawsuit?
Only certain family members can recover damages from a Florida wrongful death claim. They include the following:
- Minor children
- Blood relatives
- Adoptive siblings
- Adult children (when there’s no spouse)
Contact Franco Law Firm Today
The loss of a family member can be a devastating situation, but if your loved one has died unexpectedly, act quickly. Under Florida law, you have just two years to file a wrongful death lawsuit.
Franco Law Firm can guide you through the process and help you get closure during this difficult time. Proving guilt in court is not an easy process, but with our experience, you’ll improve your chances of a successful outcome. Contact our Tampa wrongful death lawyer today by filling out the online form or calling our office at (813) 872-0929.