Tampa Wrongful Death Attorney

The causes of wrongful death in Tampa and the most common forms of negligence that lead to these cases

Wrongful death is a devastating and often preventable tragedy that can have a profound impact on families and communities. In Tampa, wrongful death cases can occur as a result of many different causes, but the most common forms of negligence that lead to these cases include:

• Medical malpractice: This occurs when a healthcare professional fails to provide proper care or treatment to a patient, leading to their death.
• Automobile accidents: Car accidents are one of the leading causes of wrongful death in Tampa and the surrounding areas. Negligent driving behaviors such as drunk driving, distracted driving, and speeding can all contribute to fatal accidents.
• Workplace accidents: Workplace accidents, such as those that occur in construction sites or manufacturing facilities, can result in wrongful death if proper safety measures are not in place or if employers fail to provide adequate training to employees.
• Premises liability: Property owners have a responsibility to keep their premises safe for those who enter, and if they fail to do so, they can be held responsible for any deaths that occur as a result.
• Product liability: When a manufacturer produces a dangerous or defective product that leads to death, they may be held responsible for wrongful death.
• Negligent security: Property owners also have a responsibility to provide adequate security measures to protect those who enter their property. If they fail to do so, they can be held responsible for wrongful deaths that occur as a result of crime or violence.

Who is eligible to file a claim for wrongful death in Tampa?

The purpose of a wrongful death claim is to seek compensation for the financial losses and other damages sustained by the deceased individual’s loved ones as a result of their death.

In general, the following individuals may be eligible to file a wrongful death claim:

1. Spouses: In most states, the surviving spouse is the first in line to file a wrongful death claim.
2. Children: If the deceased individual did not have a surviving spouse, their children may be eligible to file a wrongful death claim.
3. Parents: If the deceased individual was a minor and did not have a surviving spouse or children, their parents may be eligible to file a wrongful death claim.
4. Siblings: If the deceased individual did not have a surviving spouse, children, or parents, their siblings may be eligible to file a wrongful death claim.
5. Estate representative: If the deceased individual did not have any surviving family members, their estate representative may be eligible to file a wrongful death claim on behalf of their estate.

The types of damages that can be awarded in a wrongful death lawsuit in Tampa

The types of damages that can be awarded in a wrongful death lawsuit vary depending on the circumstances of the case, but generally include:

• Funeral and burial expenses: They can be significant and can be recovered through a wrongful death lawsuit.
• Medical expenses: If the deceased individual received medical treatment before their death, their surviving family members can recover the cost of these expenses through a wrongful death lawsuit.
• Loss of income: The surviving family members of a deceased individual may be able to recover the loss of income that their loved one would have earned had they lived.
• Loss of consortium: The surviving spouse of a deceased individual may claim for the loss of their spouse’s companionship, love, affection, and support.
• Pain and suffering: The surviving family members of a deceased individual may be able to claim for the pain and suffering that their loved one experienced before their death.
• Punitive damages: In some cases, a court may award punitive damages to punish the wrongdoer and discourage similar behavior in the future.

How to prove negligence in a wrongful death case

Proving negligence in a wrongful death case is crucial to securing the compensation that the surviving family members of a deceased individual are entitled to. To prove negligence in a wrongful death case, the following elements must be established:

1. Duty of care: The defendant had a duty to exercise reasonable care to avoid causing harm to others, including the deceased individual.
2. Breach of duty: The defendant breached their duty of care by acting in a way that was unreasonable or failing to act in a way that was reasonable under the circumstances.
3. Causation: The defendant’s breach of duty was the direct cause of the deceased individual’s death.
4. Damages: The surviving family members of the deceased individual suffered damages as a result of their loved one’s death.

To establish these elements, the plaintiff’s Tampa wrongful death attorney will typically gather and present evidence, such as eyewitness testimony, medical records, and expert testimony, to show that the defendant was responsible for the deceased individual’s death.

Common defenses used by defendants in wrongful death cases

Defendants in wrongful death cases often use a variety of defenses to avoid liability for the death of a person.

Some of the most common defenses used by defendants in wrongful death cases include:

• Contributory negligence: This defense determines that the deceased individual was partially responsible for their death because they failed to exercise reasonable care to avoid harm.
• Assumption of risk: It argues that the affected person voluntarily assumed the risk of harm when they engaged in an activity that was known to be dangerous.
• Statute of limitations: This position holds that the wrongful death claim was not filed within the time limit set by law and is therefore barred.
• Lack of causation: This argument asserts that the defendant’s actions were not the direct cause of the deceased individual’s death.
• Superseding cause: This defense argues that an intervening event was the direct cause of the deceased individual’s death and not the defendant’s actions.
• Sovereign immunity: This defense applies to government entities and argues that the government is immune from liability for wrongful death claims in certain circumstances.

It is important for families who have lost a loved one to understand that these defenses may be raised in a wrongful death case and that an experienced Tampa wrongful death attorney can help them navigate these defenses and build a strong case for recovery.