The Lawler Firm provides the highest quality legal representation to personal injury clients throughout Tampa Bay and the Florida Suncoast. My name is Stephen M. Lawler and I am dedicated to protecting your family in cases involving wrongful death and other injuries caused by negligence. I work diligently to hold all liable parties accountable for accidents that threaten your family’s financial future.
Wrongful Death is Unacceptable
Fatalities are always tragic, but a loved one’s life should never be cut short by another party’s carelessness. Whether your loved one was a passenger, worker, or patient, an unexpected death may leave your family searching for justice. Sadly, preventable accidents take the lives of our loved ones every day. Negligent behavior causes many of these accidents. Wrongful death caused by negligent conduct frequently occurs in cases involving:
- Car, truck, bus collisions
- Bike, motorcycle accidents
- Pedestrians hit in crosswalks
- Product and premises liability
- Dog mauling and animal attacks
- Exposure to toxic chemicals at work
- Slip-and-falls, back and neck injuries
- Medical malpractice, prescription drugs
Legal Recourse for Families Seeking Justice
When a loved dies as a result of negligence, the personal injury action “survives” the death and may be brought by the decedent’s surviving family members. Bereft families can sue any liable parties whose negligent conduct directly led to the death of a beloved parent, spouse, or child. These negligent parties may include any person, company, or combination of parties whose act, or failure to act, resulted in wrongful death. Reckless conduct may range from intentional acts, such as battery or homicide, to unintended injuries caused by careless mistakes or accidents.
Scope of Wrongful Death Actions in Florida
State laws determine which family members are eligible to bring an action for wrongful death. Courts generally limit compensation to immediate family members. Including:
- Former, present spouse
- Biological, adoptive parents
- Biological, adopted children
- Blood relatives, next of kin (family lineage)
- In some cases, distant, adopted relatives or dependents
If the decedent has no relatives, a personal representative may bring wrongful death claim on behalf of the estate. Under Florida’s wrongful death statute, rights of “survivorship” are determined at the time of death and limit the type of damages each party may recover.
Recovering Compensation for Wrongful Death
Surviving family members are entitled to a variety of damages in a wrongful death claim. In all cases, the family must demonstrate that the negligent party’s negligence caused the wrongful death. Florida law requires a direct relationship between the conduct and the fatality, excluding intervening factors that were just as likely to have caused the death. If the court finds a wrongful death has occurred, eligible family members are entitled to compensation for:
- Medical or funeral expenses
- Lost earnings from date of injury to death
- Lost “net accumulations” or income from work
- Includes pension benefits and income from investments halted at death
- Excludes taxes, payment of personal expenses for support of survivors
- Past and future loss of support and services
- Lost spousal companionship, protection, parental instruction, guidance
- Consider joint life expectancy (spouse) and period of minority (child) and
- Replacement value of services for tasks the decedent regularly performed
- Mental pain and suffering
Consult a Brandon Personal Injury Lawyer to Obtain Wrongful Death Damages
If you have lost a loved in an accident caused by negligence, a Brandon wrongful death lawyer can help. As a former prosecutor, I know how to present compelling evidence of past and future losses incurred by your family as a result of the death. I am dedicated to maximizing your recovery of wrongful death damages from all liable parties to secure your family’s financial well-being. I understand the devastating nature of your loss and the difficulty of facing an unstable future. That is why I am committed to pursuing your claim with the greatest dignity and respect. Call now. (813) 413-8828. Free Consultation.