Tampa Wrongful Death Attorney

Losing a loved one can be a devastating experience under any circumstance. But if the death was due to someone else’s negligence or misconduct, you may be able to recover damages. This is where a Tampa wrongful death attorney can help.

While no amount of money can bring your loved one back, you may be able to get the compensation you need to cover the cost of medical bills, funeral expenses, lost wages, and other costs. If you are considering a wrongful death lawsuit, contact Capaz Law Firm for a free case review.

damages in wrongful death case

An Experienced Wrongful Death Attorney Can Help 

If you lost someone close to you due to someone else’s negligent, reckless, or intentional actions, you deserve justice. While bringing a legal action against the liable parties won’t bring back your loved one, it may help you hold the at-fault parties responsible for the damage they’ve caused. This is where Tampa wrongful death lawyer Dereck Capaz can assist.

However, seeking compensation is rarely straightforward. It’s likely the at-fault parties will dispute aspects of your claim in a bid to reduce how much they have to pay out. Even navigating legal proceedings can be a confusing, overwhelming, and downright exhausting experience. At Capaz Law Firm, we can help guide you through this process, handling the logistics of your case so you have the time and space you need to grieve.

Let’s take a look at a few of the qualities that set us apart from other law firms in Tampa:

  • Access to Well-Credentialed Experts: Medical, financial, and vocational experts may play a crucial role in your case. For example, an economist could provide deposition regarding the wages the deceased would have earned had they survived. Alternatively, your attorney may consult with a medical expert to get an accurate tally of the deceased’s total medical costs prior to their death.
  • Applicable Experience: Personal injury law is a broad area of the law, covering everything from animal attacks to medical malpractice. While these types of cases fall under the same category, proving fault in a truck accident claim will usually require a different approach to demonstrating liability in a construction accident case. As such, it’s important to hire an attorney who has experience—and past success—overseeing similar cases to your own. Personal injury attorney Dereck G. Capaz has extensive experience handling a wide variety of claims, arming him with the knowledge required to prevail in even the most complex cases. 
  • Good Reputation: Online testimonials, peer reviews, and awards can give you great insight into the quality of representation an attorney provides. Wrongful death attorney Dereck Capaz is a member of the Million Dollar Advocates Forum, an honor reserved for only those who have won million and multi-million-dollar verdicts. Fewer than one percent of all lawyers in the country are members of this esteemed group.
  • Compassionate: Losing someone close to you is a devastating experience. During these dark days, you deserve an attorney who understands what you are going through. At Capaz Law Firm, we will treat you and your family with compassion, professionalism, and respect from the moment you pick up the phone. At each stage of proceedings, we are committed to making proceedings as straightforward and simple as possible while fighting tirelessly to help you achieve a successful outcome in your case. 
  • Skilled Litigators: Many attorneys are reluctant to go to court, with some even advising their clients to accept unfair settlements rather than have to deal with the headaches and hassle of trial. While bringing a lawsuit is an unlikely scenario, our attorneys have the knowledge, resources, and experience to take this next step if it’s in your best interests to do so.

What Is a Wrongful Death Lawsuit and Who Can File One?

When someone dies due to the negligence or misconduct of another, the surviving family members of the deceased may file a wrongful death lawsuit. A wrongful death lawsuit seeks compensation for family members who were dependent on the deceased for financial and/or emotional support. Those who can file include a spouse, child or parent, or an adoptive sibling or other relative who was partly or wholly dependent on the deceased for support.

When Should I File a Wrongful Death Lawsuit? 

Filing a wrongful death lawsuit in Florida must be done within two years from the date of the death. If you do not file a lawsuit within two years, you may not ever be able to seek compensation for the wrongful death of your loved one. Therefore, it is vital to contact an attorney as soon as possible. An experienced wrongful death attorney can help you file a claim in a timely manner and can tell you whether your circumstances warrant an exception to the two-year limitation.

Common Wrongful Death Lawsuits

Wrongful death lawsuits are often the result of:

  • Medical Malpractice: Mistakes on the operating table, misdiagnosis, or failure to adequately assess the patient’s medical history; doctors and other medical professionals can—and do—take negligent actions that put the lives of patients at risk. Medical malpractice often leads to catastrophic injuries, and—in some cases—death.
  • Motor Vehicle Accidents: With millions of vehicles on the road every day, auto accidents are commonplace in the United States. Unsurprisingly, car wrecks are one the leading causes of wrongful deaths in the country.
  • Workplace Accidents: If an employee dies at their workplace due to their employer’s negligence, their family may be able to recover damages as part of a wrongful death lawsuit. Common workplace accidents include equipment failure, slip and falls, falling objects, fires, and inhaling toxic fumes.
  • Criminal Acts: If your loved one was killed through a criminal act such as armed robbery, assault, or intentional murder, as a surviving family member you have a legal right to sue the responsible party for your relative’s wrongful death.

Wrongful Death Damages

The damages that may be recovered in a wrongful death lawsuit include medical costs, funeral costs, mental pain and suffering, loss of companionship and more, depending on the relationship between the survivor and the deceased. However, many other factors will be considered when determining the amount of damages awarded such as the deceased’s net income available to the survivor.

Additionally, the court may also choose to award punitive damages if the negligent party’s actions were intentional, reckless or grossly negligent. Ultimately, your attorney will need to review the details of your specific case to determine what damages you may be entitled to.

Let’s examine some of these damages in closer detail:

  • The Deceased’s Lost Wages: Losing someone close to you is a heart-wrenching experience. However, if you were financially dependent on the deceased, their death could also cut you off from the funds you need to take care of yourself and your family in the future. Fortunately, you can pursue damages for the deceased’s lost wages and benefits as part of a wrongful death claim. The value of such losses will depend on the deceased’s age at the time of their death. For example, someone in their early thirties would stand to earn more across the remainder of their career than someone who was about to retire. Other factors include the deceased’s average income prior to their death, their expected career trajectory, and earnings and benefits they would’ve generated through other means.
  • Medical and Funeral Expenses: From the treatment the deceased received prior to their death to the money spent on the funeral service, casket, burial, and headstone, losing a loved one can be as much a financial burden as an emotional one. Whether you were forced to cover these costs out of pocket, or these expenses were paid by the deceased’s estate, these losses may be recoverable. 
  • The Deceased’s Household Contributions: Did the deceased take care of the children, prepare meals, or manage the household in other ways? If yes, you may have had to invest in various services such as childcare and alternative transportation to fill the void left in the wake of your loved one’s death. As part of a wrongful death claim, you may be able to seek compensation for such costs.
  • Loss of Consortium: A spouse or domestic partner is your companion, someone who shows you affection, provides emotional support, and cares for you in a way no one else can. As such, losing someone close to you can leave behind an empty space that is impossible to fill. In Florida, the surviving spouse can sue the party responsible for their partner’s death for this loss of companionship. However, as these are intangible damages, they can be challenging to prove. It’s likely you will need to tell your side of the story, describing how your partner’s death has deprived you of the affection, experience, and sexual relationship that once brought you joy.

Contact a Tampa Wrongful Death Lawyer 

At Capaz Law Firm, we understand that losing a loved one due to someone’s negligence is devastating. That’s why we will stand by your side to take legal action against the responsible party and hold them accountable. Let us fight for you. Contact Capaz Law Firm at 813-440-2700 today for your free consultation.


million-dollar-advocate-forum-iconMillion Dollar Advocates Forum ®

Dereck Capaz is a proud member of the Million Dollar Advocates Forum. The Million Dollar Advocates Forum is one of the most prestigious groups of trial lawyers in the United States.

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Super Lawyers

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Dereck Capaz was selected for inclusion and named in the 2009 – 2015 editions of Florida Super Lawyers.

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av-vertical-largeAV® Preeminent™ Rated

Dereck Capaz has earned the AV-Preeminent Rating for legal proficiency and ethical standards from Martindale-Hubbell and lawyers.com.

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