Wrongful Death Lawyer Tampa, FL
Accidents happen, and unfortunately, a wrongful death lawyer in Tampa, FL, from Jeff Murphy Law knows that these may result in the untimely death of someone you love. Even if the circumstances were outside of someone’s direct control, there might have been extenuating circumstances that point the finger to negligent behavior. When a person dies as a result of negligence in some fashion, it may fall under the legal definition of wrongful death.
If this is the case, the person or entity found responsible may have to pay damages to the victim’s family. A wrongful death lawyer in Tampa, Florida, from Jeff Murphy Law, can help.
A wrongful death is any death caused by negligence, recklessness, carelessness, or otherwise poor choice behavior. Common examples include car accidents, police brutality, gunshots, and medical malpractice.
Our Tampa, FL wrongful death lawyer shares that when an employee gets injured during a workday, it may result in tragic results. Some accidents may only leave behind a scar, while others can leave behind a grieving family. If your loved one dies as the result of a workplace accident, the employer may be held liable in some situations. Employers are required to maintain certain safety standards across a company, and if they do not uphold these, a resulting breach may become fatal.
Therefore, if an investigation concludes that a violation of safety practices did occur, and resulted in the incident that led to death, a wrongful death suit may be appropriate. A wrongful death lawyer in Tampa, FL, from Jeff Murphy Law, can investigate your case to determine who the liable party was in your loved one’s death.
Motor vehicle accidents occur every few seconds. A percentage of these result in fatalities for drivers, passengers, and even pedestrians. There are times when the driver who is found responsible has done something negligent to cause the accident, and therefore, resulting in death. Our Tampa, FL wrongful death lawyer shares common examples of negligence:
- Driving under the influence
- Distracted driving
- Failing to yield to traffic control devices
- Excessive speeding
A negligent driver may wind up having criminal charges filed against them, depending on the circumstances surrounding the accident. The families of fatal car crash victims can pursue a wrongful death action whether there were criminal charges filed against the responsible driver or not. Call a Tampa, FL wrongful death lawyer to learn more.
Doctors and medical personnel are humans, and as such, they may make mistakes that result in the death of a patient. While there are times when errors are just unfortunate, there are others where warning signs and safe medical practices are dismissed. All in the medical field should adhere to a standard of care for patients; when this does not happen, a wrongful death lawyer practicing in Tampa, FL may be able to prove negligence.
For example, if medication was not appropriately dispensed due to an oversight or if a patient was misdiagnosed and not treated, the staff and perhaps even the medical facility may be found responsible.
How We Can Help
If your loved one died because of the negligence of another person, you might have a wrongful death claim. While no amount of money will bring your loved one back, seeking compensation can help ease your financial burden. A Tampa, Florida wrongful death lawyer at Jeff Murphy Law can confirm whether you have a strong case and answer all of your questions before moving forward.
No Tampa, FL wrongful death lawyer can guarantee a successful outcome or a monetary award in your wrongful death claim. But we can help bolster your case by making sure you understand the elements of a wrongful death claim.
Your loved one’s death must have resulted from the accident or incident in question.
The negligence of another person caused the accident to occur.
The death of your loved one has impacted you or other family in such a way that your lives are forever changed.
Your loved one’s death has caused financial hardship for you.
The best way to prove these elements is to work with an experienced wrongful death lawyer in Tampa, FL. A wrongful death claim is a complex legal process that can require the use of expert witnesses, depositions, and lengthy trials. Don’t let this scare you away from filing a wrongful death claim. However, you should know the importance of working with a lawyer you trust.
Lawyers Can Help with Tragic Events
You have suffered a traumatic and tragic event with the loss of your loved one. You deserve to hold the responsible party liable for your suffering. When you work with us, we’ll fight hard to get you compensation for:
- Final medical expense reimbursement
- Funeral cost reimbursement
- Lost earning potential
- Your lost wages
- Loss of companionship
- Your pain and suffering
This is why you need to work with a Tampa, FL, wrongful death lawyer you trust with the resources necessary to combat large insurance companies. The at-fault party’s insurance company will not want to pay your claim. Our goal is to negotiate with the insurance company, showing them how strong your case is by using experts and evidence.
Common Mistakes in Wrongful Death Cases
Losing a loved one is one of the most challenging life events a person can endure. When someone else’s negligence causes that death, it can be even more painful. Filing a claim with the help of a Tampa, FL wrongful death lawyer is a crucial step to take after a fatal accident. It will help your family recoup financial losses that resulted from the death and take some of the burden away. However, some people lose their wrongful death claims because of various errors.
Here Are Common Mistakes to Avoid in Wrongful Death Cases:
Overlooking Potentially Responsible Parties
Many times, there are multiple parties responsible for a person’s wrongful death. It’s essential to bring claims against all of them. If you file a lawsuit against just one party, a wrongful death lawyer available in Tampa, FL will share that they might not have enough funds to cover all the damages you and your family suffered from the wrongful death. For example, if your loved one was killed in an accident caused by a truck driver, you’ll want to bring a claim against the truck driver and the trucking company.
Delaying Filing a Claim
After a loved one has passed away, it’s understandable that you need to take some time to grieve. However, that doesn’t mean you should put off filing a wrongful death claim for too long. All states have statutes of limitations for bringing wrongful death lawsuits. Our Tampa, FL wrongful death lawyer wants you to know that once the deadline has passed, you no longer have the right to pursue compensation.
Having Multiple Family Members Talk to Insurance Adjusters
After you and your family have brought a wrongful death claim, insurance adjusters will likely want to speak to you about your case. If several family members talk to insurance adjusters, they may try to get you to contradict each other. As a result, your case could be in jeopardy. No one should speak to insurance adjusters without your FL wrongful death lawyer in Tampa from Jeff Murphy Law present.
Accepting the Initial Settlement Offer
The insurance company will likely want to settle your wrongful death claim as soon as possible. While this might initially sound like a good thing, remember that the insurance company doesn’t have your best interests at heart. They will likely offer you a low settlement that isn’t sufficient enough to cover all your damages. That’s why it’s important to have a Tampa, FL wrongful death lawyer look over a settlement offer before accepting it.
Not Hiring a Wrongful Death Lawyer
Wrongful death cases are incredibly complicated, and you don’t want to go through it alone. If you don’t have a legal background, you could make mistakes and jeopardize your entire case. Our wrongful death lawyer trusted in Tampa, FL can help you develop a strong case and improve your chances of getting a fair settlement.
Seek Support From Jeff Murphy Law
Losing a loved one is tragic. We can only imagine what you are going through. That’s why it’s so important to speak with us soon so we can help you heal. You focus on mourning while we focus on making sure you incur unnecessary expenses.
Death is a time of mourning, and when death happens unexpectedly due to a failure on someone else’s part, it can hit a family that much harder. A wrongful death lawyer in Tampa, Florida, from Jeff Murphy Law, can help right a wrong caused by the negligence of the guilty party — so contact our office today.
What is the Statute of Limitations to File a Wrongful Death Case?
Our wrongful death lawyer serving Tampa, FL knows that losing a loved one to the negligent actions of another party can be devastating and tragic. In addition to the emotional pain you might be going through, an untimely death can cause enormous financial burdens, including unpaid medical expenses, loss of income, and more.
Compensation for wrongful death cannot bring a loved one back, but it can help to reduce some of the stress and bring forth a sense of closure to what happened. Many people delay in contacting a Tampa, FL wrongful death lawyer only to find out they have waited too long and are no longer able to recover compensation. This is a primary reason it’s in your best interest to contact Jeff Murphy Law immediately to learn how we can help.
What is the Statute of Limitations to File a Wrongful Death Case?
The statute of limitations is a legal time limit that allows a person, or persons, to file a civil claim. There are different types of legal claims, and each one of these will have various statutes of limitations. Furthermore, each state has different time limits to file. As a Tampa, Florida wrongful death lawyer might explain to you, time is one of your biggest enemies when trying to secure legal compensation for the death of a loved one. Our Tampa, FL wrongful death lawyer can help you to understand the time limits that apply to your case when you call Jeff Murphy Law for a consultation.
How Long Do You Have to File a Case?
All states have specific statutes to file a wrongful death case. In most states, a surviving spouse, child, or parent of the deceased person must take legal action within two years from the date of death. There are exceptions, including:
The Discovery Rule – In general, the countdown to file does not begin until the party filing the claim discovers, or should have discovered, the persons’ death. If the victim died because of negligence that was not discovered until after the statute of limitations has lapsed, your wrongful death lawyer in Tampa, FL will tell you that it might be possible to recover compensation.
Extensions – A court takes statutes of limitations seriously. It is very rare for a judge to disregard them; however, with the right wrongful death lawyer, sometimes it is possible to file an appeal for them to be set aside. This is also known as a motion to toll the statute of limitations.
When Does the Statute Start?
Our trusted wrongful death lawyer available in Tampa, FL shares that while each state is different, generally, the statute of limitations begins within two years from the date of the accident. However, it’s essential to be aware that much of the time, the clock doesn’t start ticking until injuries are realized. If you have a loved one who has passed away, it may be in your best interest to speak with our Tampa, FL wrongful death lawyer if you believe negligence was a factor.
Let Our Wrongful Death Lawyers Help You
We know how impactful a wrongful death can be. Our wrongful death lawyers have years of experience in handling these cases. Not only are we dedicated to helping our clients, but we also ensure that we extend care and support to you and your family. Please call Jeff Murphy Law today to speak with a wrongful death lawyer Tampa, FL families recommend.
Wrongful Death Lawyer
No one wants to be in a wrongful death case, but if you have lost a loved one due to someone else’s negligence then it is in your best interest to contact a wrongful death lawyer.
These cases are extremely emotional, and often you are still dealing with the grief when you should start filing for your case. It often isn’t easy to wrap your head around either. That is why we are here to help you through some of the most common questions that people have pertaining to a wrongful death claim.
How Long Do Wrongful Death Cases Take?
In most cases, a wrongful death case can be resolved in a few months but there are times it takes several years to fix. Here are some of the things that influence how long a case can take:
- Amount of Insurance: Sometimes the responsible party for the wrongful death is clear but the at-fault party has minimal insurance. In most cases, the other insurance will pay minimal limits upon demand.
- Liability: Where responsibility for wrongful death is contested, litigation will usually be necessary. These cases can take months or even years before the case is ready for trial.
- Ridiculous Valuation of the Death: It is a sad truth that insurance companies and adjusters are often callous and offer nowhere near a fair case value. When this occurs there is often an immediate filing of suit and the matter is moved towards trial. It doesn’t pay to negotiate when an insurer is acting in bad faith and are trying to delay paying a valid claim.
How Are Wrongful Death Settlements Paid Out?
Typically these types of settlements are paid out as a lump sum. The lump sum is paid and then the wrongful death lawyer fees and costs to procure the settlement are deducted. The remainder of everything goes to the wrongful death heirs. There are times a structured settlement can be done, and it works similarly to an annuity. The amount that would go to the heirs is invested with interest and can be paid at a monthly or even yearly intervals. So, if someone decided that they would like the income monthly rather than a lump sum it can be negotiated.
Who Pays in a Wrongful Death Case?
Normally the insurance of the person at fault is the one who pays damages in a lawsuit For example, the driver’s insurance if the death was related to a car accident. Now, if the driver did not carry enough insurance, it may be possible to go after the driver’s personal assets. However, this question is complicated and a wrongful death lawyer is going to have the proper information to determine who is paying for the case. It can easily get complicated and that is why a lawyer should be present.
Fortunately, the recoverable losses can typically be covered under the umbrella of two categories with help from a Florida wrongful death lawyer in Tampa:
Pecuniary damages essentially equate to the value placed on a person’s life. Therefore, the courts and your Tampa, FL wrongful death lawyer will attempt to quantify the financial worth of your loved one, which sounds archaic. However, to act fairly and impartially, the judicial system must use means that are measurable and easily applied to future claims, but they are not inept of your loss. Therefore, the pecuniary value comes down to two considerations.
- Lost future income: lost future income is not merely the amount of money the decedent was expected to earn over the rest of their working years. This value is a part of the equation, but the family will only see a portion of that money because the real value is less the living expenses of the decedent. Therefore, the courts will determine how much it would have cost to clothe and feed your loved one and subtract that value from the gross earnings expectation.
- Loss of consortium: where emotional loss is represented. This element of pecuniary damages attempts to put a value on the loss of love, affection, and even society. Therefore, the courts try to offer compensation for lifestyle changes and turmoil. While the amount of recoverable damages depends on several factors, a spouse with a child can typically seek more than a spouse alone or a relative; however, this depends on the municipality.
A Tampa wrongful death lawyer in Florida may talk with you about how punitive damages are not always recoverable, but in instances of intentional neglect or harm, it may be possible. These damages are designed to punish the accused. While many families will want to seek such losses, not every case warrants such action and not every court will allow it.
Filing a Lawsuit
Considering filing a wrongful death suit? Our team of attorneys understands that this can be an extremely difficult process as you are mourning the loss of your loved one. In Florida, a family member of the deceased person is allowed to file a wrongful death lawsuit if their loved one died from:
- Someone else’s negligence
- Someone else breaching a contract they made with your loved one
- Someone else committing a wrongful act
We know that this is a hard time for you and we would like to be here to help you throughout the legal process. If you would like to speak with a member of our team today, please give Jeff Murphy a call now.
How long do I have to file a wrongful death lawsuit?
When you are in Florida, you typically have two years to file a wrongful death lawsuit after your loved one has passed away. That said, there are extreme circumstances or special situations that will allow you to file a lawsuit after this deadline, though that is not always granted.
Who can file this lawsuit or claim?
Even if you were friends with the deceased, that does not mean you had a relationship that would make you eligible for filing a wrongful death claim. Typically, the person bringing the claim forward is going to be a representative of the deceased’s estate. They will typically fit into one of the following categories:
- The spouse of the deceased
- The children of the deceased
- The parents of the deceased
It is possible that other people may file a claim if someone from the group above does not initiate the process. When you think about who should file the claim, it is important to think about it by asking who relied on the deceased. Minor children and the deceased’s spouse will rely on them financially, they will rely on them for emotional support, and young children will rely on them for care and guidance. These are all things that they no longer have once the deceased is gone.
Working with an Attorney
It is important to work with a wrongful death attorney you can trust so that you know you are filing a claim that seeks the maximum damages. Especially when you are the one filing on behalf of your family, we know that this is a particularly large burden for you to bear.
Recovering from the loss of a loved one, especially when that loss occurs because of the negligence of someone else, is not easy. You will experience financial and emotional hardships. Thankfully, there are ways to recover some of your losses, and while pecuniary and punitive damages will not bring your loved one back, they can help you rebuild your life. If you wish to seek such damages, then contact a wrongful death lawyer in Tampa, FL at Jeff Murphy Law to discuss your options.
If you have any more questions about what a wrongful death lawyer can do for you then don’t hesitate to reach out to Jeff Murphy Law for answers today.
“I have known Jeff for many years and always call him with any legal issues. He is an honest man and a great attorney. I highly recommend him!”
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