In the aftermath of losing a loved one, many families face a magnitude of economic consequences and emotional turmoil that can drastically affect their lives. If your family member’s death was attributable to the negligent actions of another driver, property owner, or corporation, this may constitute a wrongful death claim.
If you believe that the situation is unresolved because the negligent party has not faced any repercussions for their reckless behavior, you would likely be absolutely justified. You have the right to be compensated for the emotional and financial losses you have and will sustain as a result of losing your loved one due to the carelessness of someone that that owed your loved one a duty of care.
KMW Legal Can Help With Your Wrongful Death Lawsuit
At Keller, Melchiorre & Walsh, we have seen firsthand how one person’s recklessness or systemic failures can have a devastating ripple effect on the lives of surviving family members, saddling them with mountains of debt and emotional distress that could have been avoided entirely.
The attorneys of KMW Legal have helped many Tampa clients to reclaim financial compensation in wrongful death lawsuits when the negligence of an individual or corporation is deemed liable for the demise of their loved one. Our trial background and years of experience have honed our team into highly sought-after personal injury litigators who won’t shy away from taking your wrongful death lawsuit to trial if negotiations fall through.
Our team at KMW Legal welcomes the opportunity to meet with you in a free strategy session to discuss a plan to aggressively negotiate a settlement that covers medical expenses, funeral costs, and acknowledges the suffering you and your family have been subjected to.
What Qualifies as a Wrongful Death?
A lawsuit alleging that a wrongful death occurred must demonstrate that the defendant’s negligence, whether that be a reckless action or a failure to provide certain protections and warnings, is directly culpable for the death of an individual.
The plaintiff’s lawyer must also establish that the perpetrator of the negligence was obligated to perform certain duties for the deceased, and their failure to do so caused measurable harm to the deceased estate or surviving family.
This differs from a criminal charge since wrongful death has a significantly lower burden of proof. Specifically, a plaintiff needs to prove negligence based on a preponderance of the evidence. This basically means that the plaintiff’s lawyer must only demonstrate that it is more likely than not that the negligence resulted in the victim’s wrongful death.
Common Causes of Wrongful Death:
- Medical malpractice
- Serious car accidents
- Workplace slip-and-falls
- Construction site accidents
- Premises liability cases
- Boating accidents
- Defective medications or products
Your family may have lost a provider and source of companionship through the negligent actions of a careless individual or group. If your loved one is killed because of something like a business owner’s negligent security practices that resulted in a fatal armed robbery, a defective product that caused a deadly explosion, a medical professional who administered the incorrect dosage of a medication, or a drunk driver who t-boned your partner’s car, you are entitled to recover damages in a wrongful death lawsuit.
Those that have lost loved ones to negligence should seek legal representation with ample experience negotiating wrongful death settlements as soon as possible since there is a strong correlation between how early people get help with their case and their chances at successfully getting the maximum value of compensation from a settlement.
What Damages Can I Recover in a Wrongful Death Lawsuit?
In addition to the heartbreaking loss of a family member, you may find yourself burdened by medical bills, funeral expenses, and the cost of repairing or replacing damaged property. You may lose the chance to have children with your spouse, be forced to move due to losing an income source, or be unable to afford a suitable burial out-of-pocket.
Remember, the damages you have incurred must be tied to the wrongful death of your loved one. They must have been owed a duty of care by the negligent party, such as an obligation to put warning labels on a product or make sure a recurring leak is fixed so that a puddle doesn’t cause a slip and fall, in order for the wrongful death lawsuit to be considered legitimate and deserving of compensation.
Types of Damages in a Wrongful Death Lawsuit:
- Funeral costs
- Burial/cremation costs
- Loss of household income contribution
- Lost services
- Loss of parental companionship and guidance
- Last medical expenses
- Mental pain and suffering
- Loss of consortium
Tangible and emotional damages may be compensated in a wrongful death lawsuit on behalf of the deceased’s estate. Unlike most personal injury lawsuits, wrongful death claims must be filed within 2 years of the date of death in the state of Florida in order for the plaintiff to be eligible to collect damages.
It can be incredibly difficult to manage the demands of bill collectors, funeral arrangements, and coping with the grief of losing a loved one, but waiting to file a lawsuit can jeopardize your eligibility to recover damages. Consider hiring an experienced Florida wrongful death lawyer to help ease the burden. When time is of the essence, you need a skilled wrongful death attorney to fight for your fair settlement.
Who Can File a Wrongful Death Lawsuit?
After the death of a spouse or parent, you may suddenly find yourself exclusively responsible for childcare, rent, transportation logistics, and household income. Before their passing, your spouse or family member may have accumulated medical debt in the pursuit of life-saving treatment, leaving you to pay the bill.
In most cases, the parents, spouse, or children of the deceased, as well as the blood relatives or adopted siblings with some stipulations, may pursue damages against the negligent party who is responsible for their loved one’s wrongful death.
Under Florida law, the lawsuit is filed through what is known as the personal representative, which can often be the executor of the deceased party’s will. The personal representative is the proxy for surviving family members who are listed in the wrongful death lawsuit as the beneficiaries.
How Can a Tampa Wrongful Death Lawyer Help Me?
After a wrongful death in the family, emotions are often running high. If you attempt to pursue a wrongful death lawsuit without professional legal representation while managing grief and stress, it can be easy to overlook critical details or simply accept a low settlement offer out of convenience. You need a qualified Tampa attorney who specializes in Florida law dealing with wrongful death claims.
KMW Legal Will Support You in a Wrongful Death Lawsuit
When someone else’s negligence or failure to fulfill obligations leads to the death of a family member, their survivors are entitled to be reimbursed for the losses they have sustained. At Keller, Melchiorre & Walsh, we’ll protect your right to restitution in negotiations and at trial.
Many who have been faced with the difficulties of a wrongfu ldeath case have benefited from the assistance of our tenacious team. Our firm has also been recognized by our fellow lawyers for our exemplary negotiating skills and record of achievement.
KMW Legal will conduct a thorough review of any evidence pertaining to the accident or incident that resulted in the wrongful death, collect testimonies to tie the negligent party’s breach of duty, calculate the economic and emotional damages your family has experienced, and advocate on your behalf for a fair settlement that compensates for these damages.
KMW Legal is Proud to Represent Victims of Wrongful Death in Tampa, Florida
Tampa is the largest city of Hillsborough County and home to a population of 387,916 people. KMW Law has worked cloesly with many members of this community to help make one of the most difficult times in a person’s life a bit easier through successfully representing them in a wrongful death claim. We have represented people fom the Sunshine Skyway to Amelie Arena in this difficult time so that they can focus on organizing their affairs while we handle their case.
Contact a Tampa Wrongful Death Lawyer Today
Losing a loved one can affect every facet of your life. Many people find themselves overwhelmed by the logistics of paying rent, arranging a funeral, and emotionally supporting their family through such a difficult time. You need a personal injury lawyer who has a successful track record of specializing in settling wrongful death lawsuits.
The capable attorneys of Keller, Melchiorre & Walsh are prepared to help you mitigate the costs of a wrongful death by holding defendants liable for their dangerous and negligent behavior. When our clients place their trust in us, they receive a significant return on investment. Our straightforward approach and tireless work ethic have earned us a word-of-mouth reputation for integrity and diligence.
We pledge to handle your wrongful death case with the sensitivity and conscientiousness it deserves. Reach out to KMW Legal today to secure your no-cost, no-commitment strategy session to evaluate your wrongful death claim and begin the process of rebuilding your life.