Personal Injury Wrongful Death Attorney in Brandon
If your loved one has been killed as a result of another's negligence, you may be entitled to wrongful death compensation. Curry Law Group compassionately guides families through this process while fighting for justice throughout the Tampa Bay Area.
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Wrongful Death Claims in Florida
If your loved one has been killed as a result of a car accident, medical malpractice, or some other type of tragic event, you may be entitled to wrongful death compensation. Being compensated for wrongful death can make the process of dealing with such a tragedy easier. It can make the financial burdens that are inevitable, such as funeral costs, easier to handle. Even though money couldn't possibly make up for the loss of a loved one, compensation can greatly relieve some of the financial burden.
Who Can File a Wrongful Death Claim?
In Florida, generally only the children and spouse of the deceased are eligible to file a wrongful death claim. In some states distant relatives, such as grandparents, step parents, and siblings are also allowed to file a lawsuit. A lawsuit should be filed with the help of an experienced attorney who knows what kind of evidence will be needed. The evidence can decide the amount awarded for compensation and care should be taken to procure the right kind of evidence.
Acting Within the Statute of Limitations
Most states allow a period of time before grievances must be filed, allowing a period of mourning. However, every state has a statute of limitations that must be followed. It can take time for an attorney to gather the evidence and information needed in your wrongful death case. Wrongful death cases often start out as personal injury lawsuits. Loved ones can face huge medical bills in addition to the loss of a loved one and all of the tragedy and financial burden that entails.
Damages Available in Wrongful Death Cases
Wrongful death damages in Florida can include: funeral and burial expenses, medical expenses related to the final illness or injury, lost wages and future earnings the deceased would have provided, loss of companionship and guidance for surviving family members, pain and suffering of surviving family members, value of services the deceased provided, and in some cases, punitive damages when the conduct was particularly egregious.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Florida? Florida's wrongful death statute of limitations is generally two years from the date of death. Contact us immediately. What types of accidents lead to wrongful death claims? Car accidents, medical malpractice, workplace accidents, defective products, premises liability, and more. How much does a wrongful death case cost to pursue? Curry Law Group handles wrongful death cases on a contingency basis — no fees unless we win.
Contact Curry Law Group Today
If you believe your loved one's death was the result of negligence or wrongful conduct, please contact Curry Law Group. We service the entire Tampa Bay Area and would like the opportunity to represent you. Our compassionate attorneys are here to help you pursue justice for your loved one. Call 813-653-2500.
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Key Legal Terms
Important Personal Injury Terms
Understanding these terms can help you make informed decisions about your case.
Assumption of Risk
A defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.
Read full definitionBad Faith Insurance
An insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.
Read full definitionBreach of Duty
A failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.
Read full definitionBurden of Proof
The obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.
Read full definitionCausation
The link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.
Read full definitionCausation Letter
A doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.
Read full definitionStart Consultation
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Personal Injury Questionnaire
Complete this before your consultation if you've been injured in an accident.
Top-Asked Questions
In Florida, you typically have four years from the date of injury to file a personal injury lawsuit. However, this deadline (called the statute of limitations) can vary depending on the type of injury and circumstances. It's important to act quickly because evidence can disappear and witness memories fade. We recommend contacting an attorney as soon as possible after an injury.
You may recover damages for medical expenses (past and future), lost wages, pain and suffering, emotional distress, disability, scarring, and loss of enjoyment of life. In cases involving gross negligence or intentional acts, you might also be eligible for punitive damages. The specific damages available depend on your injury and the circumstances of your case.
Most personal injury cases settle before trial. During settlement negotiations, we work with insurance companies to reach a fair agreement for your injuries and losses. However, if a fair settlement cannot be reached, we're fully prepared to take your case to trial. We'll never pressure you to accept a settlement you're not comfortable with.
The value of your case depends on many factors: the severity of your injuries, medical expenses, lost wages, permanent disability, pain and suffering, and the strength of liability evidence. We provide a thorough case evaluation during your consultation. Insurance companies often undervalue claims—that's why having an experienced attorney is crucial.
Florida uses "comparative negligence" rules. Even if you're partially at fault, you may still recover damages—reduced by your percentage of fault. For example, if you're 20% at fault and damages are $100,000, you'd recover $80,000. However, if you're found to be more than 50% at fault, you cannot recover any damages.
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