Since opening our doors in 2000, we have dedicated ourselves to securing justice for grieving families who lose their loved ones through wrongful death. At the Lucas, Macyszyn & Dyer Law Firm, we understand the pain of losing a loved one, especially through accidents that were certainly preventable.
While no financial compensation can bring back your loved one or erase the pain of their loss, financial compensation helps relieve the financial burden caused by their absence. This is especially true for survivors who relied on the deceased for support. If they were hospitalized following the accident and left behind a substantial medical bill, seeking compensation becomes even more essential.
If you lost your loved one in New Port Richey through wrongful death, a lawyer could help you lodge a claim and recover damages. Even if you are not sure your loved one’s loss constitutes a wrongful death, a lawyer can evaluate the case and provide guidance.
Talk to us at theLucas, Macyszyn & Dyer Law Firm today, and let us review your case with no obligations whatsoever. Once you submit your brief, our team will go through the facts then advise you accordingly.
Motor Vehicle Accidents and Wrongful Death in New Port Richey
The high rate of motor vehicle accidents in New Port Richey contributes to increased incidences of wrongful death. Considered the most dangerous county in Florida, Pasco County roads account for a substantial number of the thousands of fatal crashes recorded annually.
U.S. 19 remains one of the most accident-prone intersections in New Port Richey. Other intersections and roads, such as Main Street and Madison Street, State Road 54, etc., also present a high risk for motorists.
While one is highly likely to crash on these dangerous spots compared to other safer road stretches, most of the accidents are due to negligent driving.
The most common causes of the collisions include:
- Driving under the influence
- Running a red light
- Distracted driving, etc.
If you suspect another motorist’s negligence caused your loved one’s death, we can help investigate the death and file a claim for compensation if necessary. We can make sense of the collision using the available information sources and fight for their justice.
Evidence such as eyewitness testimony, police report, CCTV surveillance footage (if available), accident scene photos, medical records, etc., can prove handy in developing the case.
Essentially, the evidence will enable us to satisfy the four elements of negligence–duty, breach, causation, damages–which are crucial to lodging a successful case.
- Duty – Generally, a motorist owes other road users a duty of care. They must drive responsibly and observe traffic rules.
- Breach – Violating the traffic rules, whether through speeding, distracted driving, or driving under the influence, endangers other motorists, which amounts to breaching duty of care.
- Causation – We demonstrate through evidence that the defendant’s breach of duty of care caused the accident that claimed your loved one.
- Damages – Finally, we produce evidence showing the damages the accident and death of the victim have caused the survivors.
Wrongful Death From Other Causes
In addition to motor vehicle accident-related wrongful death claims, we represent clients in a broad spectrum of cases.
These include wrongful death through:
- Pedestrian accidents
- Premises liability
- Medical malpractice
- Defective products
- Workplace accidents
While it’s not possible to guarantee a favorable outcome, once we take up your case, we leave no stone unturned to discover and present the facts to secure justice for your loved one.
We achieve this through:
- Gathering evidence
- Communicating with the insurance company
- Filing the claim
- Preparing expert witnesses
- Negotiating the claim
Why Hire the Lucas, Macyszyn & Dyer Law Firm to Represent You
With a long list of personal injury lawyers in New Port Richey, you may be wondering why you should engage the Lucas, Macyszyn & Dyer Law Firm to fight for your loved one’s wrongful death.
First, we are delighted you have found us. In us, you will find an understanding team to walk you through these difficult moments as you mourn the tragic loss of your loved one.
We are an empathetic team driven by compassion and a hunger for justice. Over the 20 years we have represented personal injury clients, we celebrate every win like our first. This is because we understand every settlement resolves a deep financial burden that would have otherwise altered a family’s progress.
What makes us tick?
We believe insurance companies should provide maximum compensation to families for the wrongful death of their loved ones. From medical expenses to burial and funeral costs, loss of support, and other economic and non-economic losses, we ensure you do not leave any money on the table.
Minimal Financial Obligations
Hiring an attorney is often expensive, and for a good reason. Lawyers invest lots of time and resources defending their clients’ rights to win favorable settlements and judgments. We understand how the hefty fees synonymous with legal representation discourage many people from hiring professional help while pursuing justice.
For this reason, we ease your access to professional legal help through:
- Free Case Evaluations – If you believe you lost your loved one through wrongful death, you contact us at any time, night or day, weekend or weekday, and we can evaluate your case for free.
- Contingency Fees – Once we take up your case, we agree on the percentage fees you should pay us only after winning compensation for you. This means, if we do not secure you compensation, we collect nothing in fees.
Florida Wrongful Death Act
Through the Florida Wrongful Death Act, the state seeks to shift the losses resulting from the wrongful death of a loved one from the survivors to the wrongdoer. Below are some of the provisions you need to know.
Who Can Sue?
The law permits close relatives of the decedent to sue for wrongful death. This refers to the spouse, children, parents, and siblings. However, they can only file the action through a personal representative of the decedent.
The essence of filing a wrongful death claim is to seek compensation for the losses incurred following a family member’s wrongful death. The law provides for comprehensive damages that the survivors may claim depending on their relationship with the decedent.
Some of the damages provided include:
- Lost support from the date of the injury to the date of death
- Future loss of support from the date of death
- Loss of companionship and protection (claimed by the spouse) from the date of injury
- Mental pain and suffering (children, spouse, or parent of a minor child) from the date of injury
- Lost parental companionship (claimed by minor children or all children if the other parent is not alive) from the date of injury
- Pre-death medical expenses
- Funeral expenses
- Loss of earnings from the injury date to death date
Statute of Limitation
Every state has statutes of limitations for different legal cases. These are the deadlines within which you must file a lawsuit. If you lost a loved one through a wrongful death in New Port Richey, you must sue for compensation within two years after the date of death.
Also, remember insurance deadlines
In some instances, you may be required to file a claim with the decedent’s insurer. In this case, you should note the specific policy time limits. Each insurance provider has a time limit within which you can file a claim.
While in most cases you may be filing the claim with the wrongdoer’s insurer, if the death resulted from a motor vehicle crash caused by an uninsured driver, you may be forced to resort to the decedent’s insurer.
Frequently Asked Questions
What is wrongful death?
Wrongful death arises when someone dies due to negligent acts caused by another person. In a wrongful death scenario, the criminal charge (if any) against the offender is separate from the compensation claim process. Whether the defendant is convicted or acquitted of the criminal charges does not affect the civil process of seeking compensation.
Must I hire a lawyer to represent me in a wrongful death claim?
Engaging professional representation is immensely beneficial, whether in a wrongful death case or any other personal injury claim.
A lawyer experienced in negotiating and litigating personal injury cases involving wrongful death understands all the legal basics that must be satisfied for a claim to be valid. You also stand to benefit from their negotiation skills, as the insurer will certainly not award the damages on a silver platter.
Most importantly, the claim must satisfy the four elements of negligence–duty, breach, causation, damages–without which it may be deemed invalid. This requires gathering evidence and presenting the facts clearly to demonstrate how the death affected your lives.
In short, hiring a lawyer maximizes your chances of getting a fair settlement. And in case the claim fails to settle, necessitating proceeding to trial, the lawyer will prepare the essential evidence, file the lawsuit, and provide the best representation possible.
Here at the Lucas, Macyszyn & Dyer Law Firm, we have a team of experienced lawyers who can litigate your case aggressively should the need for going to trial arise.
How much can I get from a wrongful death claim?
Usually, there is no predetermined settlement for wrongful death claims. Even after years of negotiating and litigating wrongful death settlements and judgments, we cannot predict how much your claim might fetch.
Generally, the settlements vary from one claim to the other depending on factors such as the decedent’s age at the time of death, their future earning potential, pre-death medical expenses, number and age of dependents, etc.
How the Lucas, Macyszyn & Dyer Law Firm Can Help With Your Wrongful Death Case
If you have been sourcing for a New Port Richey lawyer to help seek justice for your loved one who died through wrongful death, we are here for you. At the Lucas, Macyszyn & Dyer Law Firm, we empathize with your loss and want to get the legal burden off your shoulders.
You may not have the mental and emotional strength to handle all the vital details that might break or make your case. But ignoring them can be detrimental to your ability to recover damages. If this is your dilemma, kindly reach out to our team at the Lucas, Macyszyn & Dyer Law Firm online at (727) 849-5353 to brief us about your case and receive your free claim evaluation.