FREE CONSULTATION

GET IN TOUCH

PHONE

(813) 930-5532

Car Accident Lawyer Tampa | Call Joe V. now! - Fax Number

FAX

(813) 402-0625

THE OFFICE

WE ARE CONVENIENTLY LOCATED NEAR DOWNTOWN TAMPA. 

Our Tampa Office is located at 511 W. Bay Street, Suite 353, Tampa, FL 33606. Contact Us at 813-930-5532. 

HILLSBOROUGH COUNTY 
Apollo Beach, Balm, Bloomingdale, Brandon, Carrollwood Village, Dover, Fishhawk, Gibsonton, Lithia, Lutz, Mango, New Tampa, Orient Park, Plant City, Riverview, Ruskin, Seffner, Sun City, Sun City Center, Tampa, Temple Terrace, Thonotosassa, Valrico, Wimauma, Ybor City 


HERNANDO COUNTY 
Aripeka, Bayport, Brookridge, Brooksville, Garden Grove, Hernando Beach, High Point, Hill 'n Dale, Istachatta, Lake Lindsey, Masaryktown, Nobleton, North Brooksville, North Weeki Wachee, Pine Island, Ridge Manor, South Brooksville, Spring Hill, Spring Lake, Timber Pines, Weeki Wachee, Weeki Wachee Gardens, Wiscon, etc. 


PINELLAS COUNTY 
Belleair, Belleair Beach, Belleair Bluffs, Belleair Shore, Clearwater, Dunedin, Gulfport, Indian Rocks Beach, Indian Shores, Kenneth City, Largo, Madeira Beach, North Redington Beach, Oldsmar, Palm Harbor, Pinellas Park, Redington Beach, Safety Harbor, Seminole, South Pasadena, St. Pete Beach, St. Petersburg, Tarpon Springs, Treasure Island, Ozona, etc. 


PASCO COUNTY 
Bayonet Point, Beacon Point, Dade City, Elfers, Gulf Harbors, Holiday, Hudson, Lacoochee, Land O' Lakes, New Port Richey, Odessa, Port Richey, San Antonio, Shady Hills, St. Leo, Lutz, Trinity, Wesley Chapel, Zephyrhills, etc.

 

POLK COUNTY

Auburndale, Babson Park, Bartow, Combee Settlement, Crooked Lakes, Cypress Lake, Cypress Gardens, Davenport, Dundee, Eagle Lake, Fort Meade, Four Corners, Frostproof, Fussels Corner, Gibsonia, Haines City, Highland City, Highland Park, Hillcrest Heights, Inwood, Jan Phyl Village, Kathleen, Lake Alfred, Lake Hamilton, Lakeland Highlands, Lakeland, Lakeshore, Lake Wales, Medulla, Mountain Lake, Mulberry, Nalcrest, Pittsburg, Poinciana, Polk City, Wahneta, Waverly, Willow Oak, Winston, Winter Haven, etc.

 

MANATEE COUNTY

Anna Maria, Bayshore Gardens, Bradenton, Bradenton Beach, Cedar Hammock, Cortez, Duette, Ellenton, Elwood Park, Fort Hamer, Gillette, Holmes Beach, Lake Manatee, Lakewood Ranch, Longboat Key, Manhattan, Marsh Island, Memphis, Myakka City, Oneco, Oak Knoll, Palm View, Palma Sola, Palmetto, Parrish, Rutland, Rye, Samoset, South Bradenton, Tara, Terra Ceia, Verna, Village of the Arts, Ward Lake, Waterbury, West Bradenton, West Samoset, Whitfield, etc.

 

AND SURROUNDING COUNTIES

Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia,  DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf , Hamilton, Hardee,  Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa,  Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota,  Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, Washington

 

 

"The hiring of a lawyer is an important decision that should not be made based solely on advertisements. Before you decide ask the lawyer to send you free written information about their qualifications and experience.  
This advertisement/website is designed for general information only. The information presented here should not be construed to be formal legal advice nor the formation of a lawyer/client relationship."
- Law Offices of Joseph Vecchioli, P.A.

 

Standard of Proof in Wrongful Death Claims in Tampa

June 19, 2015

Standard of proof refers to the level of evidence that the accuser must provide to support his or her claim against the accused. The standard of proof for civil cases is less stringent than criminal cases. A wrongful death claim must be filed in civil court, and the courts often use the preponderance of the evidence standard.

 

Reasonable Doubt

 

Beyond a reasonable doubt is a standard of proof that is often used in criminal cases but very rarely used in civil cases. In criminal cases, the plaintiff must prove, beyond a reasonable doubt, that the accused is guilty. This burden of proof might make it difficult to win a case in which someone’s negligence caused another person’s death. However, a claimant can pursue a wrongful death lawsuit in Tampa, and get a totally different result.

 

 Preponderance Vs. Clear and Convincing Evidence

 

To win a civil case the plaintiff must prove that it’s more likely than not, that the defendant’s actions caused the injury. Clear and convincing evidence is less stringent than reasonable doubt, but more lenient than preponderance of evidence.

 

Juror Instructions

 

When instructing jurors during civil cases, Florida courts instruct jurors to decide if the greater weight of the evidence that the claimant provides supports the claims brought against the defendant.  If it does, then they can find for the claimant. Otherwise, they must decide in favor of the defendant.

 

Who Can File A Claim

 

In Florida, a personal representative of the decedent’s estate can file a wrongful death claim.  The personal representative is often named in a will, but if the decedent did not leave a will, the courts will appoint a personal representative for the decedent’s estate. The representative can file the wrongful death claim on behalf of the decedent’s children, spouse, parents and any relative who was dependent on the deceased person.

 

Time Limit

 

In most civil cases, the state of Florida recognizes a delayed discovery, which allows a claimant to file a claim when he or she discovers the injury.  So, the count down to the statute of limitations doesn’t begin until after this discovery.  However, Florida courts often don’t apply this rule to wrongful death claims. Thus, if the decedent’s representative decides to pursue a wrongful death claim in Tampa, he or she must file the claim within two years of the date of death. 

 

wrongful death lawsuit Tampa

Please reload

Featured Posts

I'm busy working on my blog posts. Watch this space!

Please reload

Recent Posts
Please reload

Archive
Please reload

Search By Tags

I'm busy working on my blog posts. Watch this space!

Please reload

Follow Us
  • Facebook Basic Square
  • Twitter Basic Square
  • Google+ Basic Square