Wrongful death is described as a situation in which a person is killed due to the negligence of another. A wrongful death can happen because of the negligence of a doctor, hospital staff, a driver in a car accident, or other similar scenarios.
The term “wrongful death” is often taken solely as a legal term for someone who died from murder. While a wrongful death can be a murder, that is not the only cause of a wrongful death. A wrongful death can happen on the Tampa street in which you walk. For instance, a pedestrian can get hit by a car and die, or a car on the street may get T-boned by an out-of-control driver, causing sudden death to the people in the car.
If someone committed an act of negligence and caused someone that you love to be taken from you, then you should connect with a Tampa wrongful death lawyer at Ben Crump Law, PLLC. Our legal representatives can be reached at (800) 593-3443. Call and discuss what happened, and find out more about pursuing financial compensation in a wrongful death lawsuit.
How Wrongful Deaths Occur
The person who gets killed in a wrongful death situation is taken away from loved ones suddenly. Maybe the person was walking on a sidewalk and a careening car plows into the person, killing them instantly. Maybe the person gets hit in a head-on collision with another driver. Perhaps a doctor botches an operation on a loved one, making a fatal mistake that causes sudden death, resulting in a medical malpractice suit.
When wrongful deaths happen, the closest family member of the deceased person may point the finger of blame at someone. If negligence is involved, then it becomes more than just a terrible error or mistake. There may be financial losses connected with the death and the costs of covering expenses can get high. This is where the purpose of a wrongful death lawsuit factors in, and why courts are often sympathetic to a loved one being taken so suddenly due to negligence or malicious intent.
If a loved one passed away due to the negligence of another, either by medical malpractice, a car accident, or any other situation, then it helps to be represented by a Tampa wrongful death lawyer. Call the legal team at Ben Crump Law, PLLC today to discuss your case.
For a free legal consultation with a wrongful death lawyer serving Tampa, call (800) 593-3443
Filing a Wrongful Death Lawsuit
In wrongful death accidents, the cause of another person dying is often attributed to negligence. That is why families of the victim can recover compensation for the loss of their loved one and look to personal injury attorneys to help file a wrongful death lawsuit.
A personal injury attorney works for the estate of the deceased person. The attorney works to prove that the person had value in this life, and the family should be duly compensated for that value.
Filing a wrongful death lawsuit means that you are seeking justice for the wrongful death, but also financial compensation from the other party. This financial settlement could help to pay for losses as a result of the negligent death of the spouse or family member.
In Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the time of the accident, according to Florida Statute § 95.11.
Tampa Wrongful Death Lawyer Near Me (800) 593-3443
Who Can File a Wrongful Death Action in Florida
When you have distraught family members and other parties mourning the loss of their loved one, tensions can get high, and a wrongful death lawsuit can become complicated. If there is a fortune at stake, there may be squabbling family members all looking to get a piece of it.
When filing a wrongful death lawsuit, Florida state law shows that there are three priority parties who can file. These would be the spouse of the deceased, the children of the deceased, and the parents (if still alive) of the deceased.
In the absence of a spouse, children, or parents, then the law states that the next in line to file a wrongful death lawsuit are blood relatives or adoptive siblings. However, these parties must be “partly or wholly” dependent on the deceased person and must be able to prove that dependence.
Proving a Wrongful Death
Wrongful death accidents can occur in many different forms. A wrongful death accident may be a gruesome murder or vehicular manslaughter. It might be a road accident, like a car slamming into a pedestrian, causing a sudden death. Another type of wrongful death accident could be a workplace accident, when a fire or explosion kills one or more persons. In certain cases, a medical malpractice could result in a wrongful death.
Showing evidence that the death occurred because of negligence and not just human error can be difficult to prove. First, the plaintiff needs to prove that negligence, carelessness, or malicious intent was the main cause for the death and that the other party must be held accountable for the death.
Next, the plaintiff must prove that the defendant violated some form of professional duty in committing that act of negligence. If the death happened on a highway, a case could be made for a recklessly swerving car that pushed another car off a hillside road. The case could be a medical doctor who did not check the right records prior to a critical operation.
Lastly, the family members must show that the loss of their loved one caused significant hardship. By seeking to recover compensation in the lawsuit, the family member must show that the financial burden was caused by the amount of medical expenses, hospital fees, funeral costs, and the overall pain of the loss.
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Contact Ben Crump Law, PLLC Today for Legal Support
If you have had a spouse or family member die in a tragic car accident or suffer a wrongful death because of the negligence of a doctor, then discuss your situation with a Tampa wrongful death lawyer at Ben Crump Law, PLLC. Call our legal team at (800) 593-3443 for your free case evaluation.