Wesley Chapel Wrongful Death Lawyer

Daughter crying on wrongful death of her mother.

While most accidents are avoidable, some often have tragic, even fatal consequences. It’s hard enough when you lose someone you love to an unexpected death, but it’s even harder when that death is the result of someone’s carelessness or wrongdoing.

Whether you’ve lost a parent in an avoidable car accident, a child due to medical malpractice, or a spouse due to an accident at work, nothing can take away the pain of your loss. However, a lawsuit can provide you with wrongful death compensation to help cover your expenses and restore a sense of justice and accountability.

At Zervos & Calta, PLLC, we have built a reputation as tough, dedicated attorneys who work tirelessly for clients, including families suffering the unthinkable. You can count on us to manage the legal details of your wrongful death lawsuit, allowing you and your family to grieve your loss. When you’re ready, we encourage you to reach out to Wesley Chapel wrongful death lawyers Angela A. Zervos and Lauren Calta for a free, no-obligation consultation.

What Is a Wrongful Death?

According to Florida’s Wrongful Death Act, a wrongful death is any situation in which “the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person,” so long as the incident would have entitled the person who died to recover compensation if they had not died.

In other words, any situation that would have been a personal injury case, except that it resulted in a death, is instead a wrongful death case.

What Types of Accidents Can Cause a Wrongful Death?

Any fatal accident caused by the negligence or intentional actions of another can cause a wrongful death. Common causes of wrongful death include:

Intentional criminal acts can also cause a wrongful death. For instance, if someone breaks into your home and kills a member of your family, you can sue them for wrongful death. This is in addition to whatever prison time or other consequences the court may impose on them.

What Evidence is Needed to Prove a Wrongful Death in Wesley Chapel?

To prove a wrongful death in Wesley Chapel, you must establish certain facts:

  • That your loved one died because of another person’s actions
  • That those actions were either negligent or intentional

For example, if your loved one slipped and fell on a staircase because the property owner didn’t fix a loose stair, then you would need to show that the loose stair was the cause of the fall and your loved one’s subsequent death, and that the property owner knew or should have known that it was dangerous.

Who Can File a Wesley Chapel Wrongful Death Lawsuit?

The Wrongful Death Act entitles survivors of the deceased to file a Wesley Chapel wrongful death lawsuit, including:

  • The decedent’s spouse
  • The decedent’s children
  • The decedent’s parents
  • Adopted brothers and sisters, if dependent on the decedent
  • Blood relative(s), if they were dependent on the decedent

If the deceased was a mother, then any children born out of wedlock may file a wrongful death lawsuit. If the deceased was a father, then children born out of wedlock may not file a wrongful death lawsuit unless he had acknowledged a responsibility to support them.

Widow crying in the wake of her husband.

What Compensation Is Recoverable for a Wrongful Death?

When Florida passed its Wrongful Death Act, the stated intention of the Florida Legislature was to “shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer.”

As it was the intention of the legislature to make the wrongdoer pay for the losses from a wrongful death, Florida law allows several different types of wrongful death compensation, including:

  • Lost support and services
  • Lost companionship and protection for the surviving spouse
  • Lost companionship, instruction, and guidance for surviving minor children
  • Mental pain and suffering
  • Medical expenses
  • Funeral expenses

Some survivors can only claim certain types of wrongful death compensation if there are no other survivors with a prior claim. For instance, adult children of the deceased can only claim compensation for lost companionship, instruction, and guidance if there is no surviving spouse. A wrongful death attorney from Zervos & Calta, PLLC can help you determine whether you are eligible to file for compensation.

How Will the Compensation for a Wrongful Death Be Distributed?

According to the Florida Wrongful Death Act, the court is responsible for determining how each survivor will be compensated, taking several factors into consideration, including:

  • Each survivor’s relationship to the deceased
  • The amount of the deceased’s net income available for distribution
  • The replacement value of the services provided by the deceased
  • The life expectancy of each survivor
  • How long any children will remain minors

The court’s verdict must state the amounts awarded to each survivor and the decedent’s estate. However, not all wrongful death cases go to court. Many are settled out of court, in which case the survivors can agree on how to distribute the settlement.

Is There a Statute of Limitations for Filing a Wrongful Death Lawsuit in Florida?

Florida’s wrongful death statute of limitations allows the decedent’s survivors two years to file a lawsuit against the at-fault party. Failure to file within this statutory period will result in losing the right to file a lawsuit. Investigating the details of a death and determining whether to file suit can take some time, so don’t delay. If you wait too long to hire a Wesley Chapel wrongful death lawyer, it can be too late to recover any compensation.

Contact a Wesley Chapel Wrongful Death Lawyer

A Wesley Chapel wrongful death lawyer from Zervos & Calta, PLLC can help you by thoroughly investigating the accident to determine the identities of the at-fault parties, photographing the accident site, interviewing witnesses, and obtaining any available video of the accident. They’ll use the evidence they gather to build a strong case on your behalf.

This kind of investigative work is very stressful for a survivor or family of survivors. You don’t want to interview witnesses or request video footage while grieving. A wrongful death lawyer can take on these stressful tasks so you can focus on your family.

Zervos & Calta, PLLC will fight hard to pursue your wrongful death compensation claim. When we take on a case, we don’t hold back. We’ll handle every aspect of your claim ourselves. For a tough, dedicated Wesley Chapel wrongful death lawyer, contact Zervos & Calta, PLLC, today.