Wrongful Death Attorneys, Tampa Florida

Wrongful Death Attorneys Tampa Links Tampa Wrongful Death Attorneys Wrongful Death Action Wrongful Death Claims FAQs

Wrongful Death Attorneys at the Tampa office of The Brooks Law Group understand that circumstances may arise where a family member or loved one tragically dies as the result of an accident or due to medical negligence or some other tragic event. The information listed on this website is intended to help give you a basic understanding of wrongful death claim facts and procedures that you might need to know, as well as how insurance companies determine the value of a Wrongful Death Claim. Under Florida law, beneficiaries of the estate may be able to recover monetary damages if one dies because of the negligence of another. In Florida, beneficiaries of the estate may be entitled to the following types of damages: Grief, sorrow, mental anguish, loss of society, companionship, comfort and guidance; Expected Loss of income from the decedent, reasonably expected loss of services; protection, care and assistance which the decedent may have provided; Expenses for the care, treatment and hospitalization of the decedent from the injury that resulted in death; and reasonable funeral expenses.

Facts, Procedures & Frequently Asked Questions Regarding Wrongful Death Claims What is a Wrongful Death Action? What are the damages that can be recovered in a claim for Wrongful Death? Who has the right and the responsibility to make the claims for a Wrongful Death? Who should start the investigation of a potential Wrongful Death claim? Issues that arise concerning a claim for Wrongful Death? Can I receive free help on a potential Wrongful Death case? How much will this cost me? How can I afford an attorney? Free Wrongful Death Consultation What is a Wrongful Death Action? A wrongful death action is a statutory right to sue a person or business responsible for causing a death. This statutory right is given to the surviving family members of a deceased. In order to bring a wrongful death action, a death must have been caused by the wrongful, negligent, careless, or reckless act of a person, company or municipality. The Florida Wrongful Death Statute was adopted so that the family members of a deceased can bring the legal action that the deceased would have brought, had death not occurred. Circumstances may arise where a family member or loved one tragically dies as the result of a collision with a car, train, or tractor trailer; or due to medical negligence or some other tragic event. The Tampa Wrongful Death Lawyers at The Brooks Law Group have extensive experience at working to help survivors and beneficiaries recover what they are due under the law. Their lawyers work closely with clients in difficult emotional times to fully recover what the law allows. If you are interested in receiving help with a potential case, please click here for a free Wrongful Death Case Evaluation or call their Tampa office at 863-299-1962. What are the damages that can be recovered in a claim for Wrongful Death? Under Florida law, a family suing for Wrongful Death may recover the following damages: Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered. The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors. Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them. Who has the right and the responsibility to make the claims for a Wrongful Death?         In order to be certain that there is proper compensation for each survivor or beneficiary it is common for the governing statutes to provide that a particular category of person has this right and responsibility.         In Florida, the statutes require that the Personal Representative of the Estate of the deceased bring any claim and assure that the interests of each survivor are protected. The Personal Representative is frequently a spouse, parent or child of the deceased.         In situations where no Estate is needed for probate purposes it is still necessary to open an Estate to accomplish the appointment of a Personal Representative. Who should start the investigation of a potential Wrongful Death claim?         Any person who believes he or she may be a survivor or beneficiary entitled to compensation because of a wrongful death would have the right to consider starting the investigation of a potential claim. Sometimes the most logical person to investigate or start a claim, such as a widow, is not willing or able to look into the matter. In such a situation, any survivor or beneficiary should contact an attorney experienced in handling serious injury or wrongful death claims. The attorney can ascertain whether the claim would have merit and what categories of compensation would be permitted under the law. He or she would also be able to determine who should be appointed as Personal Representative of the Estate of the deceased if the Estate has not been previously opened. Issues that arise concerning a claim for Wrongful Death?         Listed below are some of the issues that an experienced attorney will understand and confront in making a claim for a wrongful death. These examples demonstrate why the emphasis should be on selecting a well-qualified attorney with significant experience in wrongful death claims, negotiation, and litigation. It is obviously necessary to prove that the death was caused by the misconduct of another person or company. This can be complicated at times when other potential causes are present. An example would be the seriously ill person who is given improper medication in the hospital. In that circumstance, the defense often argues that the death was really just the natural progression of the underlying disease or condition. It is always necessary to prove the life expectancy of the deceased in order to determine what the future losses would be. This is not a major problem when the deceased was in perfect health at the time of the misconduct. But, it becomes complicated when the deceased had a life-threatening or life-shortening disease or condition. It is likewise necessary to prove the life expectancy of each survivor or beneficiary. After all, the future relationship would only have existed during the period of the predicted joint life expectancy of the deceased and the survivor. The nature of the relationship between the deceased and the survivor, in all of its relevant aspects, must be fully developed and presented. Sometimes the relationship is almost storybook perfect and sometimes it is quite different. In either event, it needs to be understood and documented in order to support the individual claim of the survivor. Much of the true loss in a wrongful death claim is non-economic or emotional in nature. This requires special skills and care in the development of the proof and in its presentation. It is a matter quite different from just permitting an injured person to describe his or her back pain. It is mandatory that each of the survivor's claims be developed and presented fairly without favoring or appearing to favor one survivor over another. This is especially true in those situations where, for example, the widow is the Personal Representative of the Estate of the deceased with the responsibility to present a claim on her own behalf and another claim on behalf of a stepchild. There are many other situations that require a special effort be made to assure a fair process at every step of the claim for each survivor. Can I receive free help on a potential Wrongful Death case?         Yes, a free assesment of the merits of your Wrongful Death Claim is available. Click here for free a Wrongful Death Case Evaluation from the Wrongful Death Attorneys at the Tampa office of the Brooks Law Group. Any initial consultation with the Brooks Law Group is free. For more information, call 863-299-1962, or e-mail at ec3383@aol.com How much will this cost me? How can I afford an attorney?         The Wrongful Death Attorneys at Brooks Law Group can handle your wrongful death case on what is called a "contingency fee" basis. This means that no fees or costs are charged unless we collect money damages for you. Free Wrongful Death Consultation         If you are a surviving family member and believe that your loved one has died due to the negligence of another, you can contact The Brooks Law Group law firm for a free and confidential evaluation of your potential wrongful death case by completing their online consultation form or contact them to discuss any questions you may have. With offices in Tampa and Winter Haven, the Wrongful Death Attorneys at Brooks Law Group proudly represent clients throughout Central Florida, including Lakeland, Haines City, Winter Haven, Tampa, St. Petersburg, Sarasota, Brandon, Plant City, Kissimmee and Orlando, and will personally provide detailed and comprehensive answers to your important questions by reviewing your completed questionnaire, evaluating your claim and responding to you, either by e-mail or telephone. Any initial consultation with the Brooks Law Group is free. For more information, contact us at 863-299-1962, or by e-mail In addition to wrongful death cases, Brooks Law Group handles the following types of cases:

Wrongful Death | Personal Injury | Medical Malpractice | Auto Accident Injuries | Motorcycle Accidents | Slip & Fall Dog Bites | Defective Products | Prescription Errors | Social Security Disability | Nursing Home / ALF

Wrongful Death Attorneys Links         The web sites that we have linked to provide helpful information on a wide variety of subjects. Use them to conduct further research on the legal issues that interest you. But please remember Brooks Law Group when you are ready to select a law firm to represent you. These sites provide statutes, regulations and caselaw; government, consumer and personal information; and just about anything you might need. Loislaw Public Records is an extensive database that includes searchable and cross-referenced public information on approximately 98% of the adult population of the United States. http://www.loislaw.com/publicrecords National Organization of Social Security Claimants’ Representatives http://www.nosscr.org Polk County, Florida, Clerk of Courts http://www.polkcountyclerk.net Supreme Court of the United States http://www.supremecourtus.gov Litigation Tools for Plantiff Lawyers http://www.trialsmith.com United States Court of Appeals, Eleventh Circuit http://www.ca11.uscourts.gov The Academy of Florida Trial Lawyers http://www.aftl.org Brain Injury Association of America http://www.biausa.org/Pages/home.html Member National Association of Personal Injury Lawyers NAPIL Tampa Wrongful Death Attorneys, Brooks Law Group http://www.brookslawgroup.com

This informational website is a free service provided by The Brooks Law Group Attorneys Practicing Wrongful Death and Personal Injury Law Winter Haven Location: 123 First Street. N., Winter Haven, Florida, 33881 Tampa Location: 1 block west of famous Columbia Restaurant in Historic Ybor City For a free consultation, call 863-299-1962 The Wrongful Death Attorneys at The Brooks Law Group proudly represent clients throughout Central Florida, including Tampa, St. Petersburg, Lakeland, Haines City, Winter Haven, Sarasota, Brandon, Plant City, Kissimmee and Orlando. If you are interested in receiving help on your potential case, please click here for free (secure online) Case Evaluation. Any initial consultation with the Brooks Law Group is free. For more information, contact us at 863-299-1962, or by e-mail The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.