If someone else’s negligence caused the death of your loved one, you might be entitled to financial compensation. A New Port Richey wrongful death lawyer at Roman Austin Personal Injury Lawyers can help you navigate the legal process. Contact us today at (727) 815-8442 to schedule your free consultation today.
Why Do I Need a Personal Injury Lawyer to Pursue Damages After a Fatal Accident?
Fighting to get fair compensation can be one of the most important things you do to protect your family after the loss of a loved one. The actions that you take now might impact your family for years to come. An experienced, compassionate New Port Richey personal injury lawyer can help you make smart choices when faced with complex options.
At Roman Austin Personal Injury Lawyers, we have over 60 years of collective experience protecting the rights of families across New Port Richey.
We’ve successfully helped countless families get justice after losing a loved one far too soon.
When you hire us, our attorneys will:
- Search for evidence to identify all parties who were responsible for your loved one’s accident
- Handle all communications with the insurance company
- Take care of the substantial administrative and procedural burdens associated with filing a wrongful death claim
- Negotiate with insurance adjusters who are paid to find a way to reduce the value of your claim
- Retain respected experts to make sure you get every dollar you deserve
Our lawyers have been helping clients navigate the legal process for decades. We know what insurance adjusters and defense lawyers need to hear to start playing fair.
Our New Port Richey personal injury attorneys know that you’re grieving. You’re trying to take care of your family while coping with unimaginable loss. We’re available 24/7 to discuss your case. Our team is here to ease the burden of your financial stress. Give us a call today to learn more about how we can put our passion and experience to work for you.
How Common Are Fatal Accidents in Florida?
In 2018, 3,133 people died in fatal motor vehicle accidents across Florida. 332 Floridians died in workplace accidents in 2018, according to U.S. Bureau of Labor Statistics data. The Institute of Medicine estimates that as many as 98,000 patients in hospitals die because of medical errors every year.
Many of these tragic deaths are caused by simple negligence. In other words, they are entirely preventable.
What is Wrongful Death?
Wrongful death happens when someone’s wrongful act, negligence, default or breach of contract or warranty causes the death of someone else. In other words, a wrongful death is one that’s caused by some type of accident.
The person who caused the accident probably didn’t intend to kill anyone. However, under Florida law, negligent and reckless parties can be held financially responsible for their actions.
Common Causes of Wrongful Death in New Port Richey
At Roman Austin Personal Injury Lawyers, we handle all types of wrongful death cases. Some of the most common causes of wrongful death include:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Bus accidents
- Uber/Lyft accidents
- Boating accidents
- Bicycle accidents
- Drowning accidents
- Slip and fall accidents
- Dog bites
- Defective products
- Construction accidents
- Workplace accidents
- Medical malpractice
Our lawyers have already recovered more than $100 million in compensation for our clients. We’ve proven time and time again that we have the experience and dedication needed to get the most compensation possible.
If you’re ready to learn more, call our law firm today. We’d be happy to arrange a free consultation.
Who Can Sue for Wrongful Death in Florida?
Only certain family members are entitled to bring an action for wrongful death under the Florida wrongful death act.
Those include surviving:
- Blood relatives, such as brothers and sisters, who were financially dependent upon the victim
The decedent’s personal representative is the party formally named on the legal complaint. As the victim’s family and beneficiaries, you are the parties who are actually entitled to receive compensation.
How Do I Establish Liability in an Action for Wrongful Death?
There are a few things that you need to prove to recover damages for wrongful death. Those include:
- Someone else was negligent or reckless and caused your loved one’s death
- Your loved one could have pursued a personal injury lawsuit had they lived
- Eligible surviving family members suffered a loss because of the death
In almost all wrongful death cases, it’s necessary to prove that someone else was negligent. That requires showing the court that:
- The party who caused the accident owed the victim a duty of care
- The responsible party’s actions or omissions breached that duty of care
- The breach directly caused the accident and death
- The surviving family members suffered damages
If you believe you may have a wrongful death case, don’t hesitate to call for a free case evaluation today. Our experienced personal injury attorneys know how to establish liability in these types of complex cases. Just give us a call today so that we can begin our investigation.
We’ll Conduct a Comprehensive Investigation to Protect Your Right to Fair Compensation
Establishing causation isn’t always easy after an accident. You have to provide evidence about the responsible party’s actions or omissions–which isn’t always easy to find. Our wrongful death attorneys will work to find the evidence that a judge and jury will take seriously. That evidence might include:
- Video surveillance
- Photos of the accident scene
- Eyewitness testimony
- Cell phone records
- Past safety records
- Testimony by accident reconstruction specialists
- Medical records
- Police reports
Our Board Certified civil litigation specialists always put in the hard work to build a case that’s strong enough to hold up in court–even if we’re able to settle before trial. We use our knowledge of the law and legal system to your advantage when we present the evidence to the insurance company.
We want to make getting fair compensation as easy as possible for your family. Call our trial lawyers today to discuss your legal options.
Time is Limited: Act Today
Even when you’re grieving, it’s necessary to satisfy all legal requirements to preserve your right to compensation. The Florida statute of limitations in wrongful death cases is two years.
The clock begins to run on the date of your loved one’s death–not on the date of the accident.
That’s true regardless of whether your loved one was hurt in an auto accident, bicycle accident or slip and fall.
That means you’ll have to take action fairly quickly. Once two years are up, you lose your right to compensation. Call us today to learn more about establishing an attorney-client relationship.
What if My Loved One Contributed to the Cause of the Accident?
In life, things are rarely black and white. Multiple parties may have contributed to the cause of an accident–even the victim. In other cases, the insurance company might unfairly accuse your loved one–after all, the victim isn’t here to tell the whole story.
You don’t lose your right to file a wrongful death lawsuit if the victim was 50% or less to blame. Florida is a modified comparative fault state with a 51 percent bar to financial recovery.
- The victim’s negligence only bars you from receiving compensation if their share of fault exceeds 50%
- More than one party can be held responsible for paying damages
- If your loved one’s apportioned responsibility is 50% or less, your compensation award can be reduced to the extent your loved one shared fault
Pointing the finger at the victim is a strategy that often works for insurers. Insurance companies try to scare accident victims and their families with the threat of protracted litigation. The last thing you want is a lengthy legal battle–and the insurance company knows it. Don’t let these tactics scare you into accepting a lowball settlement.
Give us a call today to learn more about how we can fight back to protect your right to maximum compensation.
Damages Available to Surviving Family Members in a Wrongful Death Lawsuit
Money can never bring your loved one back. When you’re grieving an unimaginable loss, the emotional pain can seem overwhelming. Losing a loved one can also result in significant financial strain. Without your loved one’s support, your financial stability could be at risk.
Family members of fatal accident victims may be entitled to recover compensation for:
- Loss of support and services, from the date of injury to the date of death, plus interest
- Loss of future support and services, reduced to present value
- Loss of companionship and protection
- Funeral expenses
- Medical bills incurred from the date of injury to the date of death
- Pain and suffering
- Loss of parental companionship, instruction and guidance
- Loss of prospective net accumulations
Our knowledgeable personal injury lawyers will work to get the full amount you’re entitled–so that your family’s financial health is protected today and into the future.
Contact a Trusted New Port Richey Wrongful Death Lawyer for a Free Consultation
At Roman Austin Personal Injury Lawyers, we’re proud to stand up for the rights of accident victims and their families. We know you’re facing some of the most difficult moments of your life if you’ve lost a loved one. Call to schedule your free consultation with a trusted New Port Richey wrongful death lawyer who can help. We represent clients in New Port Richey and across Pasco County.
Other Practice Areas In New Port Richey, FL
Here are some of the additional case types that our personal injury law firm in New Port Richey, FL can help with:
- Bicycle Accident Lawyers in New Port Richey, FL
- Boating Accident Lawyers in New Port Richey, FL
- Bus Accident Lawyers in New Port Richey, FL
- Brain Injury Lawyer in New Port Richey, FL
- Car Accident Attorneys in New Port Richey, FL
- Child Injury Attorneys in New Port Richey, FL
- Construction Accident Lawyers in New Port Richey, FL
- Cruise Ship Accident Lawyers in New Port Richey, FL
- Electric Scooter Accident Attorneys in New Port Richey, FL
- Medical Malpractice Attorney in New Port Richey, FL
- Motorcycle Accident Lawyers in New Port Richey, FL
- Pedestrian Accident Lawyers in New Port Richey, FL
- Premises Liability Lawyers in New Port Richey, FL
- Product Liability Lawyers in New Port Richey, FL
- Slip and Fall Accident Lawyers in New Port Richey, FL
- Taxi Accident Attorneys in New Port Richey, FL
- Truck Accident Attorney in New Port Richey, FL
- Uber Accident Lawyer in New Port Richey, FL
- Workers’ Compensation Lawyers in New Port Richey, FL
- Workplace Accident Lawyer in New Port Richey, FL