Florida Wrongful Death Attorney

Did your loved one lose their life in an accident caused by the negligence of another party? Call Fulgencio Law today to speak with a compassionate, yet aggressive wrongful death lawyer about your rights.

The sudden loss of a loved one is very hard to cope with under any circumstances but especially when your loved one died as a result of someone else’s negligence. The hardships pressing down on surviving family members because of grief, income loss, medical bills, funeral expenses, and the pain and suffering can add to the stress and make it even harder to fully heal from the sudden loss.

You don’t have to endure your loss alone. Our team of compassionate wrongful death attorneys at Fulgencio Law can help answer all of your questions and fight for the compensation you deserve for the loss of your family member. A wrongful death claim could help immensely with all the costs left behind, and we will handle all the court proceedings so you don’t have to. Whether it be a judge, jury, or an insurance company, we can gather all the necessary documentation and argue for your right to compensation. Call Fulgencio Law today for your free, no-obligation, and confidential consultation, or schedule your consultation online at your earliest convenience

What Is A Florida Wrongful Death Claim?

A wrongful death claim is one of several types of personal injury claims. They are similar to personal injury claims in the fact that they are both based on the fact that the injury or loss was caused by the careless, reckless, or negligent actions of another person. Wrongful death claims can be filed for any injury that could be claimed in a personal injury case if the victim had survived. But if the action of the other party was deliberate, wouldn’t that be considered murder?

Not exactly, there is quite a bit of difference between wrongful death and murder. Wrongful death is caused by an injury from an accident or the negligent or careless actions of another that eventually leads to the victim’s death. Murder, on the other hand, is the intended action taken to end someone’s life. Also, murder is a criminal lawsuit where incarceration may be a result, unlike a wrongful death claim which is considered as civil litigation and incarceration is not the end result.

A wrongful death claim in Florida can involve many sources from a car accident to medical malpractice. People, businesses, and government agencies can be held legally at fault for acting negligibly and for acting intentionally. However, criminal charges and wrongful death claims are two completely different cases. A wrongful death claim isn’t needed in order to press criminal charges, and the other way around. Wrongful death can be caused by different types of incidents, such as:

  • Motor Vehicle Accidents- A motor vehicle accident can dramatically diminish the quality of your life in just a moment. Often, injuries sustained as a result of a car accident can be catastrophic, and require extensive, long-term medical attention in order to ensure a full recovery. A death in an accident can occur due to another driver’s careless actions. Driving under the influence, distracted driving, fatigued driving, and speeding are all examples of how a driver can be considered as negligent.
  • Semi-Truck Accidents- While still considered an automobile accident, semi-truck accidents occupy a category of their own because of some huge differences. For one, semi-trucks are so much larger than other vehicles that they are more likely to cause death in the case of an accident. The most common causes of semi-truck accidents are also different, as these accidents tend to be the result of driving with an oversized load, mechanical issues with the truck, and driver error.
  • Dog Bites- Dogs are supposed to be man’s best friend. But when dog owners fail to obey local leash laws or properly handle their dog, fatal injuries can be the end result. Every 40 seconds, someone in the United States seeks medical attention for a dog bite-related injury.  A dog bite or dog attack is a very traumatic event often resulting in serious injury or death.
  • Medical Malpractice- Medical malpractice can be defined as harm or an injury caused by the careless actions of a hospital, doctor, or any medical professional. There is a difference, however, between medical malpractice and medical negligence. Medical negligence is an unintentional mistake, while there is intent behind medical malpractice.
  • Defective Products- Manufacturing companies can be held accountable if defectively designed, produced and marketed products get into the hands of consumers. These can range from faulty medical devices to dangerous automotive parts.
  • Workplace Accidents- A construction worker may be killed on the job due to the negligence due to someone not employed with the worker’s company such as a contractor or construction site owner. Surviving family members may be able to seek financial compensation beyond what worker’s compensation benefits would provide.
  • Pedestrian Accidents- Accidents involving pedestrians are more likely to cause fatalities because pedestrians don’t have any protection. Driver negligence is the most common cause of these accidents, although the city or county may be liable in situations where the driver couldn’t see the pedestrian due to a lack of visible pedestrian walkways.

Not all accidents, workplace fatalities, or medical mistakes are considered wrongful deaths. But with the help of a dedicated Tampa wrongful death attorney, you can establish whether you have a wrongful death case and seek justice for the loss of your loved one. Our compassionate team of wrongful death attorneys at Fulgencio Law understand the tragedy of losing a loved one too soon. Call us today for a free consultation.

What Kinds Of Injuries Can Lead To Wrongful Death?

In the case of a wrongful death, most people think that this only happens in car accidents or by murder. However, this is not always the case. Serious injuries that result from an accident can later on lead to a victim’s unfortunate death. Sometimes injuries that result from accidents can go undetected. Examples of these serious injuries can include:

  • Broken Bones- Broken bones, like a broken rib, can cause punctures to vital organs such as the lungs and heart, which can lead to death. Compound fractures, or tears to the skin caused by a broken bone, can cause a person to bleed out depending on the location and severity of the fracture.
  • Traumatic Brain Injury- A Traumatic Brain Injury (TBI) is defined as a disruption in the normal function of the brain.  This disruption can be caused by a bump, jolt, or blow to the head. Depending on the area of the brain that is injured, TBIs can be dangerous, even deadly. Following a TBI, it is likely that symptoms will worsen, and can lead to an untimely death.
  • Internal Injuries- Internal injuries affect the various internal organs such as the spleen, liver, or lungs. If gone undetected and untreated, internal injuries can be deadly. One of the most common mistakes some people make is not getting medical attention after an accident. Internal injuries are invisible unless detected by medical scans.

Talking with an experienced and knowledgeable attorney from Fulgencio Law can help you determine whether the death of your loved one as a result of injuries from an accident that wasn’t their fault can be considered as wrongful death. You don’t deserve to suffer through your loss alone. Give us a call today for a free consultation to discuss your situation and get your wrongful death claim started today.

Who Can File A Wrongful Death Claim In Florida?

Under the Wrongful Death Act in Florida, the beneficiaries that entitled to claim damages are spouses, children, and others who were legally dependent on the decedent. Parents are able to claim if there are no other beneficiaries. The circumstances under which each beneficiary can recover damages are:

  • Spouses- Spouses are entitled to recover damages for loss of support and services, loss of companionship and protection, and for mental pain and suffering.
  • Minor Children- Minor children under 25 years old are entitled to recover damages for loss of support and services, loss of parental companionship, instruction, and guidance, and for mental pain and suffering
  • Adult Children When There Is No Spouse- Adult children 25 and older are entitled to recover damages for loss of support and services, loss of parental companionship, instruction, and guidance, and for mental pain and suffering
  • Parents Of Deceased Minor Children- Parents of minor children under 25 years old are entitled to recover damages for mental pain and suffering
  • Parents Of Deceased Adult Children If There Is No Spouse Or Children- Parents of adult children 25 or older are entitled to recover damages for mental pain and suffering
  • Legal Dependents- People that are legally dependent on the decedent for financial support are entitled to recover damages for their loss of financial support and services.

The personal representative of the decedent’s estate is the only person with the right to file a wrongful death lawsuit under the Florida Wrongful Death Act. Oftentimes the decedent will have named their preferred personal representative in their will. The courts will usually honor those wishes and appoint the named person as the representative of the estate. If there is no will, then Florida statutes will create a list of people who have priority.

If your loved one’s life has been wrongfully taken due to the careless acts of another, feel free to call Fulgencio Law today for your free, no-obligation, and confidential consultation. Our team of wrongful death attorneys is on standby to answer any questions you have, and will stand by your side to ensure that you receive the maximum compensation you deserve.

What Are Other Damages That Can Be Claimed In A Florida Wrongful Death Case?

The loss of a loved one due to another’s reckless actions can be a devastating experience. No amount of money can fill the hole that is left in a family member’s heart. As mentioned above, surviving family members of a victim can collect compensation for damages like mental pain and suffering, loss of companionship, and loss of support and services. These damages may be helpful, but might not be enough.

Other damages that can be collected in a wrongful death claim may include:

  • Funeral and burial expenses- Including service and burial fees, service preparations, and the casket, funerals can be as expensive as $12,000.
  • Expenses- This includes the medical treatment, care, and hospitalization for the injury that resulted in death.
  • Punitive damages-Damages assessed in order to punish the defendant for outrageous conduct and/or to deter the defendant and others from engaging in similar conduct.

Contacting A Personal Injury Lawyer In Florida

If the life of your loved one was taken too soon from the reckless actions of another, you may have the right to demand compensation for your losses. Some of the services our team of wrongful death attorneys at Fulgencio Law can provide include:

  • Negotiating with the insurance companies and parties involved.
  • Representing you in court, if necessary.
  • Collecting evidence to support your account of events.
  • Working to help your claim fall before your state’s statute of limitations deadline.
  • Initiating prompt legal action.
  • Protecting your rights throughout the legal proceedings.

These types of cases can prove complicated, depending on the evidence involved in the case.

Our dedicated and compassionate team of wrongful death attorneys at Fulgencio Law has the experience and resources to handle your delicate and unique case. We focus our representation on three main categories: personal injury, consumer protection, and insurance company disputes, all in which we can accurately and efficiently form a case to suit your claim. Our team is a part of the community and has an in-depth knowledge of the area so we can better serve you in your claim.

Call Fulgencio Law today at (813) 463-0123 to schedule a free, confidential, no-obligation consultation. If someone you love has been taken too soon in Tampa, Florida, call Fulgencio Law immediately to begin the investigations into your rights for compensation.