Tampa Wrongful Death Attorneys
Fighting For Families in Florida
When a family member dies due to the negligence of another’s action, you might be sad and frustrated. If this scenario does happen, you need the skill of our Tampa Wrongful Death Attorneys to hold the responsible part accountable for their actions. We offer free consultations, call today.
If your family member dies due to the negligent act of another, you may have a wrongful death case in Florida. The compassionate Tampa Wrongful Death Attorneys, at Morgenstern & Herd, P.A. understand the tragedy of loss and fight for your rights and the rights of your loved one. Our Attorneys investigate the cause of the loss and take appropriate action on your behalf.
Florida State Law has set a two year statute of limitation, from the time of death, to file a wrongful death case. So it is important to contact our experienced personal injury attorneys, or you will not be able recover damages for your loss.
We are committed to achieving justice against those who have caused the sudden death of your loved one and work tirelessly to recover financial compensation to cover all damages, including:
- Pain and suffering
- Loss of love and affection
- Loss of future earnings—what the deceased would have earned in salary
- Loss of benefits—what the deceased would have received in pension/retirement benefits
- Medical bills
- Funeral costs
- Punitive damages—the amount the defendant should be punished for his or her action resulting in the victim’s death
Frequently Asked Questions About Wrongful Death Claims
What is Wrongful Death?
- A wrongful death under the law is a death that occurs due to the fault of another. In the state of Florida, you have two years from the time that the death occurred within which to bring a claim, and then the state must be set up with a representative so that the representative brings the claim for the wrongful death for all the beneficiaries who are defined under the law.
How Long do Wrongful Death Cases Take?
- Working through a wrongful death case can take a variable amount of time. It depends on the analysis of liability, what happened that caused the death, what factors existed that the defense would call pre-morbidities. There are variable factors, we have had wrongful death cases resolve in less than six months, and we have had cases that have taken four or five years.
Who Can File for a Wrongful Death on Medical Malpractice?
- If you or your family has been a victim of medical malpractice that results in a death, there are special laws in Florida that apply to any potential claim you may have. In Florida, if the decedent is not either married or has a child under the age of 25, there may be no recoverable damages. In other words if there’s not a survivor who is either a spouse or a child under the age of 25, there is no survival claim or beneficiary who can recover monetary damages. The estate may have a claim for loss of net accumulations but if your loved one wasn’t in his saving years, you must have a spouse or a child under the age of 25 who is still partially dependent on the decedent at the time of the death.
Does an Estate Need to be Set Up in Order to File a Wrongful Death Claim?
- You should talk to lawyer who is experienced in medical malpractice in terms of evaluating your claim. If you’re not already going to set up an estate, it’s ok to talk to the lawyer first before an estate is created in order to determine whether or not that expense is necessary. If you do have a claim for medical malpractice as a result of wrongful death, then an estate will have to be created and very often the estate lawyer will wait to have his fees paid after any recovery is made for the medical malpractice.
Tampa Wrongful Death Attorneys
Contact our experienced Tampa Wrongful Death Attorneys if your family is faced with the tragedy of a wrongful death. We will fight for you and your family!
Our Tampa Personal Injury Attorneys perform an extensive investigation to preserve evidence and provide the expert witnesses necessary to win your case. Our firm is ready to take on the insurance companies and fully litigate your interests if we are not able to resolve your personal injury matter out of court.
Morgenstern and Herd have achieved an AV® Preeminent™ Martindale-Hubbell® Peer Review RatingSM—a distinction signifying the highest quality legal work, professionalism, and ethical standards.