1515 N Marion St
Tampa, Fl 33602
If you have experienced the loss of a loved one due to another person's negligence or wrongful act in Tampa, it is essential to engage a proficient wrongful death attorney to assist you in pursuing justice. Such a loss can lead to profound emotional distress and financial burden. Our Tampa wrongful death lawyer are available to provide you with the necessary support and guidance. We assist families in obtaining compensation for funeral expenses, medical costs, and emotional anguish.
Our Tampa Wrongful Death Lawyers Defend Your Rights
At Fiol & Morros Law Group, we advocate for families mourning the wrongful death of a cherished individual in Tampa, FL. Whether the death was caused by a car crash, medical malpractice, or a defective product, we work to hold the responsible party accountable. Our personal injury attorneys have years of trial experience litigating wrongful death cases. We focus on justice, closure, and fair compensation for your family.
What Is Wrongful Death in Florida?
According to the Florida Wrongful Death Act (F.S. §§768.16 to 768.26), a wrongful death is defined as a situation in which an individual loses their life as a result of another person's negligence, recklessness, or deliberate actions.
Under Florida law, specific family members are permitted to initiate a wrongful death lawsuit through a personal representative. A wrongful death claim may arise from situations like a car accident, medical malpractice, or slip-and-fall injuries. The goal is to recover compensation for both economic damages, such as lost earnings and funeral costs, and non-economic damages, like mental anxiety and emotional pain. The statute of limitations is generally two years from the date of death under F.S. §95.11(4)(d).
Florida Wrongful Death Act: Legal Framework (F.S. §§768.16 to 768.26)
The Florida Wrongful Death Act is the governing statute for all wrongful death claims in the state. It defines who may sue, what damages are recoverable, and how those damages are divided among survivors. Understanding each element is critical before filing a claim.
| Element | Florida Law | Key Details |
|---|---|---|
| Statute | F.S. §§768.16 to 768.26 (Florida Wrongful Death Act) | Governs all wrongful death claims arising from negligence, recklessness, or intentional acts in Florida |
| Who Files | Personal representative of the deceased's estate | Must be appointed, either named in the will or by the court; files on behalf of all eligible survivors |
| Eligible Survivors | Spouse, children, parents (if no surviving spouse or children), and blood relatives or adoptive siblings who depended on the deceased for support | F.S. §768.18 defines survivor categories; adult children may claim damages only if there is no surviving spouse |
| Statute of Limitations | 2 years from the date of death (F.S. §95.11(4)(d)) | Medical malpractice wrongful death claims follow F.S. §95.11(4)(b), also 2 years, with different notice requirements |
| Economic Damages | Lost earnings and future income, medical bills, funeral and burial expenses | Calculated using life expectancy, earning capacity, and forensic economic expert testimony |
| Non-Economic Damages | Mental pain and suffering, loss of companionship, loss of parental guidance | F.S. §768.21; available to spouse, minor children, and parents; adult children are more restricted |
| Punitive Damages | Available under F.S. §768.72 for intentional misconduct or gross negligence | Must file a motion and show reasonable evidence before punitive damages can be pleaded |
Wrongful Death Claim vs. Survival Action: A Critical Distinction
Florida recognizes two distinct types of claims when a person dies due to negligence. Understanding the difference is essential because the two claims are filed together but recover different damages and benefit different parties.
| Wrongful Death Claim (F.S. §768.21) | Survival Action (F.S. §46.021) | |
|---|---|---|
| Who Benefits | Surviving family members (spouse, children, parents) | The deceased's estate (distributed per will or intestacy) |
| Damages | Loss of support, companionship, mental anguish, funeral costs | Pain and suffering the deceased experienced before death; lost earnings up to death |
| Filed By | Personal representative on behalf of survivors | Personal representative on behalf of the estate |
| Timing | Begins at the date of death | Covers the period from injury to death |
| Why It Matters | The main claim for family financial recovery | Adds compensation for the victim's pre-death suffering and lost wages |
At Fiol & Morros Law Group, we investigate and pursue both claims simultaneously to maximize the total recovery for your family.
Common Causes of Wrongful Death in Tampa
Wrongful deaths often stem from ordinary activities that turn tragic. According to CDC data on leading causes of death, motor vehicle crashes and medical errors rank high. Our legal team investigates accident reports, hospital records, cell phone records, and surveillance and traffic camera footage to prove wrongful acts. We represent families across Hillsborough County, Wesley Chapel, and Saint Petersburg.
Fatal Car and Truck Accidents
Motor vehicle collisions, including those involving trucks, are the primary contributors to wrongful death cases in Florida. These accidents often result from drunk driving or distracted driving. A Tampa wrongful death lawyer can help the family file a lawsuit, gather police reports, and hold the at-fault party accountable.
Medical Malpractice and Negligence
According to the National Institutes of Health, medical errors are a leading cause of death. Whether it is a surgical mistake or a delayed diagnosis, our attorneys work with experts to prove fault.
Workplace Accidents
Many fatal workplace accidents occur in construction. OSHA fatal injury data highlights the dangers of poorly regulated work environments. We help family members understand their rights and file wrongful death claims under Florida law.
Who Is Eligible to File a Wrongful Death Claim in Florida?
Florida law requires a personal representative to file the claim. Survivors may include a spouse, child, or parent. The personal representative collaborates with a Tampa wrongful death attorney to pursue compensation through a wrongful death lawsuit. Our legal team provides families with straightforward, expert legal advice and compassion as they navigate this process.
Types of Damages in Wrongful Death Claims
Under Florida law, families could qualify for multiple damage awards. We pursue both economic and non-economic damages: funeral expenses, medical bills related to the final injury, and the loss of the deceased's income fall under economic losses, while emotional anguish and loss of companionship are non-economic.
Economic Damages
Economic damages cover measurable financial losses. These may include hospital fees, funeral and burial expenses, and lost earnings. The claim can also include loss of future income that the deceased would have earned had they not passed away. We use financial experts and accident reports to prove the value of these losses.
Non-Economic Damages
Non-economic damages are harder to measure but just as important. These involve physical pain, emotional anguish, and the absence of guidance and connection. We present strong evidence, including family statements and expert evaluations, to help juries understand the full impact of the loss.
The Legal Process for Filing a Wrongful Death Claim in Tampa
Filing a wrongful death claim involves several required steps. Our team starts by reviewing the facts and determining whether negligence or a wrongful act occurred. We gather critical evidence, including surveillance footage, medical records, and accident reports. Once the claim is ready, we file with the appropriate court and begin negotiations with insurance companies. If they do not offer a fair settlement, we are ready to take the case to trial. Throughout the process, our Tampa wrongful death attorneys provide strong legal representation and personal support.
Investigating the Case and Gathering Evidence
The first step is building a solid case. We collect key evidence, including cell phone records, police reports, and footage from surveillance and traffic cameras. Our attorneys may also bring in expert witnesses to support the wrongful death claim. Every detail helps us prove liability and the extent of the damages.
Negotiating with Insurance Companies
Dealing with insurance adjusters can be complex. With trial lawyers on your side, you have leverage at the table. Our attorneys fight back against accusations of shared fault and unfair settlement offers, and we guide your family around the common pitfalls and delays in the claims process.
Why You Need an Experienced Tampa Wrongful Death Lawyer
Wrongful death cases are emotionally and legally complex. From vehicular manslaughter to premises liability, we bring years of experience and compassion to every case. Our firm has years of experience litigating wrongful death cases across Tampa and Hillsborough County. We understand the Florida Wrongful Death Act, how to prove liability, and how to present evidence in court. With a contingency fee structure, you do not pay legal fees unless we win. From the initial consultation to the courtroom, we are here to help your family get justice and compensation.
Why Choose Our Tampa Wrongful Death Lawyers?
At Fiol & Morros Law Group, we are more than just a personal injury law firm; we are trusted allies to families in crisis. We bring compassion, experience, and determination to every wrongful death case we handle. From motor vehicle accidents to medical malpractice, we have helped families across Tampa, FL, and beyond recover meaningful compensation and justice.
What sets us apart:
- A strong record of results in wrongful death and personal injury lawsuits
- Compassionate support for grieving family members
- Proven success in cases involving vehicular manslaughter, premises liability, and negligent actions
- A deep understanding of survival actions, civil litigation, and Florida drivers' responsibilities
- Client testimonials featured in news outlets like the Orlando Sentinel
Proven Results in Wrongful Death and Injury Cases
Our attorneys have recovered millions for grieving families and injury victims across the Tampa Bay area. Here are some of our notable results:
Top Result
$3M
Nursing Home Abuse
Bedsore & Malnutrition
$2.5M
Fatal Truck Accident
Wrongful Death
$2.5M
Slip & Fall
Restaurant Accident
$1.2M
Car Accident
Severe Injury
$960K
Trucking Accident
Fractured Femur & Herniated Discs
$875K
Auto Accident
Multiple Fractures
*Past results do not guarantee future outcomes. Every case is unique and must be evaluated on its own merits.
Contact Our Tampa Wrongful Death Lawyers for a Free Consultation
If you lost a loved one in a wrongful death incident, contact Fiol & Morros Law Group for a free consultation. We will review your case, answer your questions, and explain your options. With a "No Fees Unless We Win" policy, you do not pay unless we recover compensation. Our Tampa wrongful death lawyers are here to fight for justice with the compassion and experience your family deserves.
Lost a loved one due to negligence in Tampa? Get a free, confidential case review.
(813) 223-6773No fees unless we win. We are here for your family 24/7.
Frequently Asked Questions About Wrongful Death Claims in Tampa
What is the statute of limitations for filing a wrongful death claim in Florida?
Families in Florida must generally file wrongful death claims within two years of the date of death under F.S. §95.11(4)(d). Missing this window could mean losing your legal rights forever.
Who can file a wrongful death claim in Florida?
Under Florida law, a personal representative of the estate is authorized to submit the claim on behalf of surviving family members, including spouses, children, or parents.
What are the most common causes of wrongful death in Tampa?
Wrongful deaths often result from car accidents, medical malpractice, workplace accidents, defective products, pedestrian accidents, and motor vehicle crashes.
How much compensation can I receive for a wrongful death claim?
Damages may include funeral expenses, medical expenses, lost earnings, and non-economic damages such as emotional pain. In exceptional circumstances involving intentional misconduct or gross negligence, punitive damages under F.S. §768.72 may also apply.
How long does it take to resolve a wrongful death claim in Tampa?
The timeline varies by case. Some cases are resolved within a few months through settlements, while others may take over a year to proceed to trial.
Do I need a lawyer to file a wrongful death claim in Tampa?
Yes. These cases involve complex laws and insurance company tactics. A wrongful death lawyer safeguards your rights and assists you in obtaining complete compensation.
What does the Florida Wrongful Death Act actually allow families to recover?
The Florida Wrongful Death Act permits the personal representative to recover economic damages (funeral costs, medical bills, lost future income) and non-economic damages (mental pain and suffering, loss of companionship and guidance) for eligible survivors. Spouses and minor children have the broadest recovery rights. Adult children may recover non-economic damages only when there is no surviving spouse. In cases of intentional misconduct or gross negligence, punitive damages under F.S. §768.72 may also be pursued.
What is the difference between a wrongful death claim and a survival action in Florida?
A wrongful death claim (F.S. §768.21) compensates surviving family members for losses they personally suffer after the death, such as lost financial support, companionship, and grief. A survival action (F.S. §46.021) compensates the estate for damages the deceased personally suffered between injury and death, including pain, suffering, and lost earnings during that period. Both claims are filed simultaneously by the personal representative and together produce the maximum recovery for the family.
Can I file a Florida wrongful death claim if the death was caused by a nursing home?
Yes. Nursing home negligence and abuse that results in a resident's death supports both a wrongful death claim under the Florida Wrongful Death Act and an additional claim under the Florida Nursing Home Residents' Rights Act (F.S. §400.023), which allows recovery of attorney's fees and costs. These cases are complex and time-sensitive, and the standard two-year SOL applies. Fiol & Morros has extensive experience in nursing home wrongful death cases across Tampa and Hillsborough County.
How is compensation calculated in a Tampa wrongful death case involving lost future income?
Lost future income is calculated using the deceased's age, career trajectory, work life expectancy, historical earnings, and projected raises or promotions. Forensic economic experts build a damages model using present-value calculations that account for inflation. In cases involving younger victims or high-earning professionals, the lost income component can be the largest single element of the damage award, often reaching into the millions.
Can a wrongful death claim be filed if the deceased was partially at fault in Florida?
Yes. Florida applies comparative negligence under F.S. §768.81, so a wrongful death claim is not barred even if the deceased was partially at fault. Damages are reduced proportionally to the deceased's share of fault. For example, if a family recovers $1 million but the deceased was 30% at fault, the net award is $700,000. Insurance companies often try to inflate the deceased's share of fault to reduce payouts, and our attorneys fight these tactics aggressively.
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