What Should I Do After a Car Wreck Death in Tampa?

If your relative died in a car wreck in Tampa, there is a time limit to file a wrongful death lawsuit. According to Florida statutes section 95.11, suits should be filed within two years from the victim’s date of death. While there can be exceptions in rare cases, you could lose your right to compensation if you do not file a lawsuit in time. 

Close family members of the deceased are usually entitled to file a wrongful death lawsuit in Florida, including:

• A spouse
• Minor children 
• Adult children 
• A parent of a deceased child
• An individual who paid the decedent’s medical or funeral expenses

Depending on your specific case, others could be eligible to file a wrongful death lawsuit. Consider discussing your case with one of our experienced wrongful death lawyers to find out more.

The at-fault party or parties responsible for the accident that killed your loved one are generally also liable for your damages. However, in practice, this usually means that their insurance company provides a settlement to the family of the deceased victim. In some cases, particularly when an at-fault party was uninsured or underinsured, they could be personally liable for compensating you. 

According to the IRS, compensation from wrongful death lawsuits is usually excluded from gross income. Therefore, survivors receiving a settlement generally do not have to pay income tax on the settlement amount. However, this does not necessarily mean that your settlement is entirely tax-free. If a wrongful death settlement is included in the overall estate and takes the value of the estate above the statutory exemption amount, you may have to pay inheritance tax.  

No two wrongful death cases are the same. Therefore, it can be challenging to estimate how long your specific case could take. Some wrongful death claims resolve in a matter of a few months, while others can potentially drag on in the courts for years. Some of the factors influencing the length of a wrongful death suit can include: 

• Whether liability is contested or clear
• An insurance company denying or minimizing a claim 
• The amount of compensation requested 
• The number of defendants

Generally, the fastest way to resolve a wrongful death claim is with an out-of-court settlement. Cases could also come to a quick conclusion when there are only moderate damages, one defendant, and the fault for the accident is clearly established. However, if a large settlement amount is at stake, liability is hotly contested, and an insurance company is dragging its heels, a wrongful death case can potentially take a year and much longer. 

If you are unsure about what you should do after a death from a car wreck in Tampa, contacting a wrongful death attorney can be an excellent way to protect your legal rights and those of your family. Morgan & Morgan’s experienced attorneys can help you build and prove your case by:

• Investigating the accident scene
• Interviewing witnesses
• Gathering evidence such as traffic camera footage
• Obtaining police reports
• Hiring expert witnesses and accident reconstruction experts

A wrongful death attorney can do much more for you. They can deal with all the legal aspects of your case, including filing the relevant paperwork and representing your case in the strongest possible terms in the courtroom. 

Most importantly, perhaps, a compassionate wrongful death attorney from our firm can take the weight off your shoulders during an upsetting and challenging time. Losing a loved one unexpectedly in a car accident is a terrible ordeal. You should not have to fight on your own to get what you and your family deserve.

While we understand that nothing can make up for the loss of your beloved relative, our attorneys are committed to helping families of car wreck victims avert financial hardship resulting from a loved one’s death. Handling a wrongful death lawsuit on your own can be tough and complicated. Let us deal with the legal process so you can take time to grieve, heal, and be with your loved ones during this challenging time. 

If you do not know what you should do after a relative’s death in a car wreck in Tampa, let us help. The sudden death of a relative in a car wreck is severely distressing. You deserve support and assistance. Our wrongful death attorneys can advise you with the compassion and personal attention you deserve. When we take your case, you pay nothing unless and until we win and you recover compensation. Contact us today to schedule a free consultation to find out if you have a case.