Wrongful Death Lawyer in Tampa
Losing a loved one leaves families to grieve and often contributes to additional losses that can make it difficult for them to recover. If someone else’s negligence or wrongdoing caused a person’s death in or around the Tampa area, the victim’s family may be able to recover compensation in a wrongful death case.
At Holliday Karatinos Law Firm, our Tampa wrongful death lawyers have experience handling many wrongful death cases and helping victims’ families get the full compensation they are entitled to receive.
Why Turn to Holliday Karatinos Law Firm?
If you suffer the loss of a loved one and believe that another party is responsible for this loss, the Tampa wrongful death attorneys at Holliday Karatinos Law Firm are here to help. We may be able to represent you and help you seek compensation from liable parties whose improper conduct led to your family member’s death.
We have over 50 years of collective experience backing our attorneys and have achieved real results for our clients. We have handled wrongful death cases and other personal injury cases to help our clients recover millions of dollars in compensation.
When searching for wrongful death attorneys in Tampa who you can trust, consult the legal team at Holliday Karatinos Law Firm today.
Types of Recoverable Compensation in Tampa Wrongful Death Cases
Wrongful death cases could result in settlements covering three main types of damages. These include economic, non-economic, and punitive damages. In Florida, there is generally no cap on the compensation that plaintiffs can recover in a wrongful death case, but there is a limit for cases involving the government.
Specifically, a recent Supreme Court case established that plaintiffs in wrongful death cases with the government as a defendant can recover a maximum of $200,000 for the entire accident.
If you want to seek compensation for damages resulting from a preventable wrongful death, it is important to understand the different types of compensation and what they cover.
Economic Damages
These damages, also known as special damages, are financial losses that families sustain due to a loved one’s death.
Some examples of economic damages include:
- The medical expenses for treating a loved one’s injuries or illnesses before their death
- Loss of medical insurance, pension, or other benefits
- The costs associated with funerals and burials
- Loss of inheritance
- Loss of potential future earnings
- The value that the victim brought to the home, including maintenance, housekeeping, and care for the family
While economic damages come with specific, quantifiable costs, they can be more difficult to calculate in wrongful death cases. These damages may vary based on the victim’s age, earning potential, and medical condition before death.
Non-Economic Damages
Wrongful death cases may also involve non-economic or general damages. These apply to the pain and suffering loved ones experience because of a family member’s death. They are not as easy to calculate as economic damages because of their non-monetary nature, but attorneys and courts can determine how much these damages are worth and count them toward a settlement.
Here are examples of non-economic damages in wrongful death cases:
- Loss of love and companionship resulting from the loved one’s death
- Loss of consortium for surviving partners
- Psychological distress resulting from the loss
- Loss of advice, guidance, and care
When working with an attorney, you can calculate these and economic damages to maximize your potential settlement.
Punitive Damages
Some cases may also result in punitive damages, which a court may award if the defendant acted with unusual negligence or maliciousness. Punitive damages are extremely rare, so talk to your lawyer about whether your case may seek such an award.
Common Types of Wrongful Death Cases in Tampa
Some types of wrongful death cases are more common than others. A wide variety of accidents can lead to wrongful death when someone’s negligence or wrongdoing is behind them. Some of the most common types of wrongful death cases in the Tampa area include:
Auto Accidents
Unfortunately, car and truck accidents frequently occur in the Tampa area. Many of these are fatal. The Florida Highway Safety and Motor Vehicles (FLHSMV) reports almost 3,000 fatalities linked to automotive accidents in one recent year.
Many parties may be liable in these accidents, including drivers, vehicle and parts manufacturers, mechanics, and others.
Motorcycle Accidents
Motorcycles are a wonderful form of transportation but certainly come with their risks. Motorcycle drivers don’t have the same protection as car and truck drivers, and, because they’re smaller, they’re often prone to being overlooked.
The Florida Highway Safety and Motor Vehicles (FLHSMV) reports 545 motorcycle crash fatalities in a recent year.
Slip and Fall Accidents
Slips and fall accidents get a reputation as a mundane type of accident, but the reality is that slip and falls can be serious and even fatal. Florida is home to a large population of retirees and elderly residents, with 698 nursing homes across the state. Our oldest citizens are more prone to severe complications after falls.
Product Defects
Manufacturers may be responsible for a person’s death if the death resulted from a defective product. Defects could arise in the design or manufacturing process, rendering the product unsafe to use. Many types of defective products could contribute to injuries and deaths, including automotive parts and vehicles, food products, children’s toys, and pharmaceuticals, among others.
These are some of the main types of accidents that can lead to wrongful death because of one or more parties’ improper conduct. If you lose a loved one and believe another party is liable, our Tampa wrongful death lawyers at Holliday Karatinos Law Firm can discuss your case and your options.
Negotiating a Wrongful Death Claim with Insurers
When negotiating a wrongful death claim with insurance companies, adjusters may appear to be on your side. They may be sympathetic and make it seem like they are eager to help you get the settlement you deserve. However, insurance adjusters and the companies behind them ultimately want to avoid paying large sums of money, even if victims’ families deserve these settlements.
To minimize your settlement or deny your claim entirely, insurance companies will look for any valid reason to justify it and limit their liability. This could include making the wrong statement or inadvertently compromising the case in other ways. Insurers often take advantage of vulnerable families mourning the loss of a loved one, and many people attempting to file a wrongful death claim are unfamiliar with the law or their rights.
Also, when insurance companies make an initial offer, many individuals unfamiliar with the claims process may accept it. While the initial offer may seem high, insurers tend to make the lowest offer possible even when a case is worth more.
The many potential issues when negotiating a wrongful death settlement make it important to work with attorneys who understand the process. During your family’s period of grieving and recovery, your attorney will be able to handle the claims process, determine the full amount of compensation you’re eligible to recover, and negotiate a fair settlement with insurers. An experienced Tampa wrongful death lawyer can also take the case to court if insurers cannot agree on a settlement.
Steps to Take When Filing a Wrongful Death Claim
Following the death of a loved one, families are often unsure how to approach the wrongful death claims process. Not only do they not know how to initiate the process and file a claim, but they are also dealing with their loss and grieving, making it even more challenging to navigate a claim.
However, file a claim or lawsuit as soon as possible in wrongful death cases, as they come with a statute of limitations. The statute of limitations gives individuals a limited period to file before a case is no longer valid. Like other cases involving negligence, Florida sets a two-year statute of limitations for wrongful death cases. This means you have two years to file a claim or lawsuit following a person’s death.
If you lose a loved one and believe that another person or entity is liable, there are some steps you should take to negotiate a claim.
Reach out to Our Wrongful Death Attorneys
Wrongful death cases can be complex and challenging, particularly when families must focus on getting their loved one’s estate in order and mourning their loss. If you want to build a wrongful death case and successfully recover compensation, working with an attorney may help. Our wrongful death lawyers can discuss your case and calculate the total compensation you can receive.
Gather Evidence to Support Your Case
The next step would be to collect and organize evidence that supports the case.
First, obtain a copy of your loved one’s death certificate. You can do so by going through the Florida Department of Health. This certificate can be a critical piece of evidence to help build your case.
In addition to a death certificate, you will need to gather as much documentation about the accident and wrongful death as possible. Evidence in a wrongful death case could include photos and video footage of the accident or the accident scene. It may also include witness statements, medical records, police reports, and other relevant documentation.
If you are struggling to collect enough evidence, your attorney should be able to assist with this process. An attorney can use the proper channels to obtain crucial evidence and build a strong case.
Determine Who Will Represent the Estate
Many people may list someone in their will to represent their estate, but some may not mention a name or even have a will. If the victim did not name a representative to handle his or her estate, you must appoint one before filing a wrongful death claim.
Our lawyers can assist with this in addition to other aspects of your case.
Initiate the Investigation and Negotiations
The last step would involve assessing the evidence and conducting an investigation. Your attorney will thoroughly investigate the case and begin negotiating with insurers to recover a fair settlement. This process can take a long time to complete, so practice patience during negotiations. Trying to accelerate the process could inadvertently compromise the case.
Consult a Tampa Wrongful Death Attorney You Can Trust
After a wrongful death, you may recover compensation from liable parties with a successful claim or lawsuit. Before filing a claim, you should have reliable, compassionate legal counsel who can pursue the justice, closure, and compensation you deserve. Reach out to a Tampa personal injury lawyer.
To learn more about your options and find out whether you can file a wrongful death claim, consult the Tampa wrongful death lawyers at Holliday Karatinos Law Firm. You can reach out to us online or call us at (813) 868-1887 for your free consultation today.
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"Attorney James Holliday is the best attorney I have ever worked with. I went to him after an auto accident and I was impressed with his knowledge of the situation and judgement on how to proceed. In the end, Mr. Holliday was able to obtain full compensation. He was also a pleasure to work with."
⭐⭐⭐⭐⭐ - Barb C.
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