Wrongful Death

Wrongful Death Lawyer in Tampa

Helping Families Seek Justice After a Loved One’s Death

Losing a family member is a devastating experience, especially when you realize someone else’s negligence is to blame for your loved one’s death. If you’re trying to find a way to hold the at-fault party accountable for their negligence and recover financially from your family member’s unexpected death, you should consider filing a wrongful death claim with the help of a caring and experienced Tampa wrongful death attorney.

At L Pincus Law, PLLC, we understand that grieving families often don’t have the time or energy it takes to get the justice they deserve through the legal system. That’s why we’re here to provide legal assistance with wrongful death cases throughout Tampa. If you’re interested in learning more about your legal rights as a grieving family member, call our Tampa personal injury law firm for a free consultation with a compassionate wrongful death lawyer.

What Is a Wrongful Death Claim in Florida?

While every death is tragic for the surviving family members, not every death qualifies for legal action. Certain criteria must be met to result in a viable wrongful death claim under the Florida Wrongful Death Act.

For example, you must be able to prove that your loved one’s death was caused by someone else’s negligence, wrongdoing, or intentional act. It also must be clear that your loved one would have been able to file a personal injury lawsuit if they had survived the incident.

If you can prove these elements, as well as the fact that you and your family have suffered emotionally and financially because of the unexpected death, you might have a wrongful death case to pursue. You should schedule a free initial consultation with an experienced wrongful death attorney to find out if you’re entitled to compensation.

Common Causes of Wrongful Death in Tampa

Tampa’s busy streets and highways make car accidents one of the leading causes of wrongful death in our area. High-speed collisions, distracted driving, drunk driving, and reckless behavior on roads like I-275 and the Veterans Expressway tragically claim lives every year. When a car accident results in death due to another driver’s negligence—whether they were texting, speeding, or driving under the influence—surviving family members have the right to hold that driver accountable through a wrongful death claim.

Beyond traffic fatalities, Tampa sees wrongful deaths from various other causes. Medical malpractice at local hospitals can lead to fatal errors, including surgical mistakes, misdiagnosis, medication errors, and birth injuries. Workplace accidents, particularly in construction and industrial settings, claim workers’ lives when employers fail to maintain safe conditions or provide proper training. Premises liability incidents, such as drowning accidents in poorly maintained pools, fatal slip and falls, or inadequate security leading to violent crimes, also give rise to wrongful death claims when property owners neglect their duty to keep visitors safe.

Defective products represent another significant category—when manufacturers release dangerous products ranging from faulty medical devices to defective vehicles, the consequences can be fatal. Additionally, nursing home abuse and neglect cases sometimes end in death when vulnerable elderly residents don’t receive proper care and supervision. No matter how your loved one died, if someone else’s negligence, recklessness, or intentional actions caused their death, you have the right to pursue justice. Our Tampa wrongful death attorneys have experience handling cases involving all these causes and will fight to ensure the responsible parties are held accountable for taking your loved one from you.

Some of the most common kinds of wrongful death accidents are:

Whether the at-fault party intended to hurt your loved one or made a careless mistake, they could be held liable for the devastating outcome. If they are, they will be ordered to compensate you financially. Note that wrongful death lawsuits are argued in civil court, not criminal court, so they are separate from any criminal cases that may be associated with your loved one’s death. Call our Tampa law firm today to learn more about your legal options.

Understanding the Legal Process for Wrongful Death Claims

Navigating a wrongful death claim while grieving can feel overwhelming, which is why having experienced legal guidance is essential. The legal process begins when the personal representative files a complaint in civil court, outlining how the negligent party’s actions caused your loved one’s death. This initiates the discovery phase, where both sides exchange information, gather evidence, and build their cases.

During discovery, your attorney will work to establish the defendant’s liability through depositions, interrogatories, and requests for documents. This phase can take several months as we thoroughly investigate every aspect of the case. Many wrongful death claims settle during or after discovery when the defendant realizes the strength of the evidence against them. However, if a fair settlement cannot be reached, your case will proceed to trial, where a judge or jury will determine liability and damages.

Throughout the legal process, your wrongful death lawyer handles all communications with insurance companies and opposing counsel, files necessary court documents within strict deadlines, and protects your family’s interests at every turn. We understand that you’re dealing with profound loss, so we manage the legal complexities while you focus on healing. The process can take anywhere from several months to a few years, depending on case complexity, but we’ll keep you informed at every stage and fight tirelessly to recover damages that reflect the full extent of your family’s loss.

Who Can File a Wrongful Death Lawsuit in Florida?

In Florida, only the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This person should be named in the will as the administrator or executor of the estate and is often a close friend or family member, such as a spouse, adult child, or parent. If the deceased person did not have a will, the court can appoint someone as the personal representative.

While a personal representative can file a wrongful death lawsuit, only the surviving family members can financially benefit from it. More specifically, the following are the surviving family members who can receive compensation from a wrongful death lawsuit in Florida, in order of priority:

  • Their surviving spouse
  • Their children
  • Their parents
  • Any blood relatives or adopted siblings who were partly or fully financially dependent on the deceased person

If you qualify to benefit from a wrongful death claim based on your relationship with the deceased person, it’s essential to speak with a Tampa wrongful death lawyer as soon as possible. The statute of limitations for this type of legal claim in Florida is two years from the date of the death, with some exceptions for cases involving medical malpractice. This means you must take legal action within two years or you risk losing your right to pursue compensation for any financial losses you’ve suffered. Call our Florida law firm today to discuss your legal options with a caring Tampa wrongful death attorney.

What Compensation Can You Recover in a Florida Wrongful Death Case?

Florida features two different categories of wrongful death compensation. One type is available to surviving relatives, while the other type compensates the decedent’s estate. It’s helpful to know what specific damages you may be entitled to before you initiate a Tampa wrongful death claim, so you should reach out to skilled Tampa, FL, personal injury attorneys with any questions you have about the financial compensation to expect.

In general, surviving family members can recover compensation for:

  • Loss of companionship and protection
  • Loss of parental guidance, instruction, and parental companionship
  • Mental pain and suffering
  • Loss of current and future financial support and services
  • Funeral costs, if paid by the survivor
  • Burial costs, if paid by the survivor
  • Medical expenses, if paid by the survivor

Some damages depend on your relationship with your loved one, so the surviving spouse might get different damages than a surviving child. Your attorney will tell you which wrongful death damages to expect based on the details of your Florida wrongful death claim.

The other category of compensation in Florida is for the decedent’s estate. In most cases, the estate can collect compensation for:

  • Lost earnings from the date of the fatal injury to the date of the death
  • Loss of net accumulations, which refers to the amount of money the deceased person would have saved and left to their heirs if they were still alive
  • Any medical or funeral expenses that were paid by the estate

Simply put, you and your family shouldn’t have to suffer financially while you’re still suffering emotional pain from your loved one’s death. While a wrongful death lawsuit won’t bring your family member back, the financial compensation you get from it can allow you to take more time to grieve before returning to work or worrying about how you’ll pay your bills. It can also hold the responsible party accountable for their negligent actions.

If you want to recover compensation through a wrongful death claim, our trusted legal team is here to help you from start to finish. Call our law office in Tampa, FL, to discuss your wrongful death case with a knowledgeable lawyer.

How Wrongful Death Claims Differ from Personal Injury Cases

While wrongful death claims share similarities with personal injury claims, important distinctions exist that affect how these cases are handled in Florida. A personal injury claim is filed by the injured person seeking compensation for their own injuries, medical expenses, and suffering. In contrast, a wrongful death claim is filed on behalf of someone who can no longer speak for themselves, with damages distributed to surviving family members who depended on the deceased.

The types of damages also differ significantly. Personal injury victims can recover damages for their medical bills, rehabilitation costs, lost wages, and pain and suffering. Wrongful death claims, however, focus on the losses experienced by survivors—loss of financial support, loss of companionship, and the emotional devastation of losing a loved one. Additionally, wrongful death claims may include funeral expenses paid by the family and compensation for the estate’s losses, such as earnings the deceased would have accumulated had they lived.

Another key difference involves who can file the claim and who benefits from any settlement or verdict. While an injured person files their own personal injury claim, only the personal representative can file a wrongful death lawsuit, even though multiple family members may benefit from the compensation awarded. The statute of limitations may also differ—Florida generally allows two years from the date of death for wrongful death claims, whereas personal injury claims typically have a four-year deadline. Understanding these distinctions helps families know what to expect when pursuing justice after a devastating loss.

How Can a Tampa Wrongful Death Lawyer Assist with Your Case?

If you’re considering initiating a wrongful death action to recover the compensation your family deserves, it’s time to call L Pincus Law, PLLC, for legal advice. We’ve helped numerous families get the maximum compensation for their wrongful death lawsuits, and we can do the same for your family’s claim by using our extensive legal resources and years of experience winning cases.

When we take on your wrongful death case, we’ll begin investigating the circumstances surrounding the wrongful act that caused your loved one’s death, starting by collecting any documents that show what occurred. For example, we’ll request and analyze any accident reports, medical records, cell phone records, and arrest records. We’ll also review camera footage and photos that may have captured the accident scene, as well as speak with eyewitnesses and expert witnesses.

Our goal is to gather as much proof as possible to show who caused your loved one’s wrongful death so they can be held financially accountable. After this step, we’ll calculate the financial compensation you’re entitled to in order to reach a fair wrongful death settlement when your case is over. So, if your family suffered a sudden loss due to another person’s negligence and you’re ready to learn more about the compensation that may be available to you, call our Tampa law office at (813) 582-3321 for a free initial consultation.