Did you recently lose a loved one in an accident in Tampa, FL? We know you are going through a difficult time. Winters & Yonker Personal Injury Lawyers can help you recover compensation for your loved one’s death. Contact an experienced Tampa wrongful death lawyer at (813) 223-6200 to schedule a free consultation.
Money won’t bring your loved one back. But it can help you cope with their loss financially. We have over 100 years of combined legal experience. We’ve recovered millions for injury victims and families in Tampa Bay. We know how to help you get justice after your loved one’s death.
We work on contingency, which means we don’t charge legal fees unless we recover a verdict or settlement on your behalf.
Have you suffered the tragic and unexpected death of a spouse, child, or parent in an accident in Tampa, Florida? Call Winters & Yonker Personal Injury Lawyers at (813) 223-6200 for a free consultation. You deserve financial justice, and our Tampa wrongful death lawyers are ready to help you fight for every cent you deserve.
We’re award-winning Florida trial attorneys with over 119 years of collective experience. We’re known for challenging powerful corporations and winning life-changing financial awards for our clients. Our personal injury case results include tens of millions of dollars in jury verdicts and settlements. Contact our law office in Tampa to arrange a free case review.
Why Choose Winters & Yonker Personal Injury Lawyers for Help With a Wrongful Death Case in Tampa, FL?
Your world has just been turned upside-down. Unfortunately, the insurance company will try to take advantage of you during this incredibly difficult time in your life. Don’t let them dictate the terms of your wrongful death case or stand between you and a meaningful financial award.
For more than 25 years, grieving families have turned to Winters & Yonker Personal Injury Lawyers for help after devastating accidents. That’s because we’re aggressive and relentless legal advocates who go above and beyond to make a difference in each client’s life.
Client-centered representation means that we’ll prioritize your needs and customize a legal strategy to help you achieve the best possible outcome in your wrongful death case. Insurance companies know that we don’t back down and are always ready to take our cases to trial, which means we can often negotiate favorable results swiftly.
Take the time you need to grieve your loss and leave litigating a wrongful death claim to our trusted Florida trial attorneys. We offer a free consultation, so contact our law office in Tampa now.
What Is a Wrongful Death Case?
When you get hurt because of someone else’s reckless or negligent actions, you have the right to pursue compensation through a civil personal injury claim. What happens when an accident is fatal? Under Florida’s Wrongful Death Act, the right to sue doesn’t disappear. Instead, it shifts from the decedent to someone else, as long as the decedent’s death is proven to be “wrongful.”
A wrongful death claim can be pursued when a person’s death is the result of “[a] wrongful act, negligence, default, or breach of contract or warranty.”
The claim is filed in a Florida state court by the decedent’s personal representative, who is either named in their will or appointed by a judge. Damages can be sought on behalf of the decedent’s surviving heirs, including the spouse, child(ren), and/or parent(s), as well as their estate.
How Much is My Tampa Wrongful Death Case Worth?
Several factors can influence the amount of money you might be able to get when your wrongful death case is resolved.
Relevant factors include:
- How much money did the decedent earn?
- What level of financial support did they provide for their spouse and/or children?
- What role did the decedent play in supporting the household?
- How old was the decedent when they died?
- What was the decedent’s projected life expectancy before their fatal accident?
- What was the relationship between the decedent and the surviving family members?
- Did the decedent survive their fatal wounds for any period of time before passing away?
- To what degree have surviving family members suffered because of the decedent’s death?
Calculating the potential damages in a wrongful death lawsuit can be challenging. Many damages are subjective, while others are based on what might have happened in the future. The best way to recover the full value of your wrongful death claim is by working with a law firm that can offer the necessary resources, skills, and relationships with trusted experts.
What Damages Can Be Awarded in a Florida Wrongful Death Claim?
In Florida, wrongful death lawsuits can seek compensation for the decedent’s surviving family members and/or the decedent’s estate.
When the wrongful death lawsuit pursues damages for surviving heirs – including the victim’s spouse, child, and/or parent – the following economic and non-economic damages can potentially be awarded:
- Lost wages and monetary support, including business interests, retirement benefits, and income
- Loss of future support and services
- Loss of spousal companionship and protection
- Mental pain and suffering
- Loss of parental companionship, instruction, and guidance
- Medical expenses paid before the decedent’s death
- Funeral expenses
A wrongful death claim can also be filed to recover the following compensation for the decedent’s estate:
- Loss of prospective net accumulations of the estate
- The decedent’s pain and suffering
- Medical bills paid by the estate
State law also permits punitive damages when, at trial, a jury decides that a defendant’s actions were intentionally harmful or grossly negligent and deserve additional punishment.
What Are the Most Common Causes of Wrongful Death?
Almost any accident or act of violence can potentially be fatal.
At Winters & Yonker Personal Injury Lawyers, we have extensive experience advocating for families in wrongful death cases related to:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Bus accidents
- Train accidents
- Boating accidents
- Aviation accidents
- Slip and fall accidents
- Workplace accidents
- Construction accidents
- Medical malpractice
- Nursing home abuse
- Birth injuries
- Dog bites
- Negligent security
- Assault and other acts of criminal violence
- Defective products
Experience matters when you’re fighting for compensation in the wake of a loved one’s death. Choosing our Florida wrongful death attorneys in Tampa puts over 119 years of experience and a proven track record of success in your corner. Contact our legal team to discuss your wrongful death case today.
Can Shared Fault Affect My Florida Wrongful Death Settlement?
Typically, yes. Florida’s modified comparative negligence statute applies to most personal injury cases, including those related to wrongful death.
Damages are adjusted based on the degree to which the decedent contributed to their own wrongful death. The reduction is proportionate to fault up to 50 percent.
Let’s say your spouse was killed in a Tampa traffic accident. Your wrongful death claim is initially valued at $2 million. The defense proves that your spouse was 10 percent to blame for the fatal wreck. As a result, any settlement or jury award that’s paid will be reduced by 10 percent – leaving the total award at $1.8 million.
You should count on the defense trying to argue that your loved one was at least partly responsible for their fatal accident or injuries. If you’re not prepared to dispute these claims, it can seriously jeopardize your ability to recover compensation.
You shouldn’t have to worry about things like this in the wake of a devastating loss. Take time to grieve and count on our award-winning Tampa wrongful death attorneys to handle your case for you.
How Much Does It Cost to Hire a Wrongful Death Attorney in Tampa?
Winters & Yonker Personal Injury Lawyers represents grieving families in Tampa, FL, on a contingency fee basis. You won’t pay anything to hire our personal injury law firm until we’ve won compensation for your wrongful death case.
When we win, our attorney fees are simply deducted from the monetary award we’ve obtained for you and your loved ones. Typically, the fee ranges between 30 and 40 percent, but can vary depending on the situation.
What’s the Statute of Limitations on Wrongful Death Lawsuits in Florida?
The state of Florida applies a two-year statute of limitations to wrongful death lawsuits.
The statute of limitations begins to run on the date of a victim’s passing, which could be after the date they sustained their fatal injuries.
You have to have your claim filed with the court before the filing deadline expires. When time runs out, your wrongful death claim will be barred.
Schedule a Free Consultation With an Experienced Tampa Wrongful Death Lawyer
You’ve lost someone you care about because someone else was careless. Now, it’s time to hold them accountable. Don’t try to take on the insurance company on your own. Take care of yourself and trust Winters & Yonker Personal Injury Lawyers to move mountains to help your family secure the financial award it deserves in the wake of tragedy.
Our Tampa wrongful death lawyers are highly skilled litigators with over 119 years of collective experience. As fierce and unwavering advocates for justice, we fight for the rights of the injured and their families, and we’ve won tens of millions of dollars for our clients in the process.
There is no charge for an initial consultation. Contact one of our five law offices in Tampa, FL, to speak with a member of our team about your wrongful death claim today.
Wrongful Death Resources:
- Florida Office of Insurance Regulation
- Florida Supreme Court General Filing Information
- Summary of State Wrongful Death and Intestacy Statutes
Wrongful Death Infographic
