A Firm Fighting For Those Who Lost A Loved One Due To Negligence
The death of a loved one is one of life’s most difficult experiences. Families left behind must face the future without the love, comfort and support of the one who has passed away. In the case of those who lost someone due to the negligence of another person, business or organization, the experience can be even more traumatic.
If your loved one was taken from you unexpectedly, without reason or preparation, you are likely experiencing shock as well as consuming grief and loss. You deserve to seek a measure of closure and justice with the help of an experienced wrongful death attorney. In St. Petersburg and throughout the Tampa Bay area, the firm to contact is Weston Smith Law, PLLC.
An Attorney With The Credentials And Experience You Are Looking For
At Weston Smith Law, PLLC, we offer focused and dedicated legal help to those who have experienced the psychological, emotional and financial loss of a loved one through wrongful death. Under Florida law, you have certain rights that allow you to bring a civil lawsuit against the wrongdoer(s) seeking damages.
These can be complex proceedings, but our wrongful death attorney has the experience, legal skills, and resources necessary to provide competent and compassionate legal representation at such a difficult time. Aside from his extensive and invaluable trial experience, Attorney Weston Smith has been recognized by his peers for his outstanding professionalism, with the highest rating of AV Preeminent from Martindale-Hubbell.
The Basics Of Wrongful Death Litigation In Florida
Under Florida law, a wrongful death lawsuit may be initiated when an individual’s death “is caused by a wrongful act, negligence, default, or breach of contract.” For example, wrongful deaths can occur due to the negligence of a driver in a traffic accident, through medical negligence and malpractice, workplace accidents, defective or dangerous consumer products or through negligent security on the part of a property owner, leading to a fatal criminal attack.
These are cases where, if the victim had survived, they would have been able to bring a personal injury claim against the at-fault party. Because the victim has died, however, the law allows the personal representative of the deceased individual’s estate to initiate a wrongful death claim on behalf of the estate and the surviving family.
In such claims, the deceased person’s family survivors who may be eligible to receive damages from the legal process can include:
- Blood relatives or adoptive brothers and sisters who were dependent on support or services
Wrongful death claims are subject to a statute of limitations, which limits the timeframe for filing. In our state, the general rule is that you must file your wrongful death lawsuit within two years of the date that the family member died. If you fail to do so, you generally forfeit your right to damages.
Types Of Damages That May Be Available
Florida law outlines the types of damages available to surviving family members. These can include damages for the loss of companionship, protection and guidance, damages in terms of medical expenses and funeral expenses incurred, as well as damages equating to the support or services lost from the deceased person’s death, as well as emotional pain and suffering.
The deceased person’s estate may recover damages as well, such as those for lost wages, as well as the value of earnings that the estate would have amassed if the person had lived.
Share Your Story With A Lawyer Who Listens And Cares
If you have lost a loved one in a wrongful death, you can turn to Weston Smith Law, PLLC. We understand the emotional and financial hardships you have faced and may continue to face in having lost a family member. We can review your legal options during a free consultation. If we are able to take your case, we will pursue your legal right to damages with zealous advocacy.
To get started, call our St. Petersburg office at 727-866-4103 or submit an online contact form. We take all cases on a contingency-fee-basis, meaning you owe no legal fees until and unless we help you recover money.