Tampa Wrongful Death Attorney

Florida law defines a “wrongful” death as one that occurs due to another person or party’s negligent or wrongful conduct, by default, or due to breach of contract and/or warranty.

Essentially, if the person who died (known as the “decedent”) would have had grounds to file a personal injury claim had they lived, their death is likely considered “wrongful” in the eyes of the law.

Wrongful death cases arise from a variety of accidents and incidents, including but not limited to:

• Motor vehicle accidents
• Medical malpractice
• Nursing home abuse and neglect
• Accidents involving defective products
• Pedestrian and bicycle accidents
• Dog bites and animal attacks
• Serious falls
• Workplace accidents and deaths
• Criminal activity, including homicide, murder, and assault

Wrongful death claims are separate from any criminal proceedings the at-fault party may (or may not) face. The purpose of a wrongful death action is not to punish the defendant with criminal penalties but, rather, to compensate the victims’ surviving family members and loved ones for their monetary and non-financial losses related to the death.

In Florida, only the personal representative of the decedent’s estate may file a wrongful death claim. Also known as the executor of the estate, the personal representative must be the one to bring the wrongful death action, but they do so on behalf of certain surviving family members and dependents.

If the decedent died without naming a personal representative, the court will appoint one.

Potential beneficiaries in a wrongful death lawsuit in Florida may include:

• The decedent’s surviving spouse
• The decedent’s surviving child/children (if any)
• The decedent’s surviving parent(s)
• Any blood or adoptive relative of the decedent who was dependent on the decedent in life for support and/or services

It is important to note that wrongful death lawsuits must be filed within two years of the date of death in Florida. Known as the “statute of limitations,” this deadline bars anyone from bringing a claim and recovering damages after more than two years have passed except in extremely rare circumstances.

In wrongful death lawsuits in Florida, both eligible surviving family members and the decedent’s estate may recover for certain damages.

Typically, eligible family members can receive compensation for:

• Out-of-pocket medical expenses paid by the family member for the decedent’s final care
• Out-of-pocket costs paid by the family member for the decedent’s funeral/burial
• Mental/emotional pain, suffering, trauma, and distress
• Loss of support/services provided by the decedent in life
• Loss of parental support, counsel, instruction, guidance, companionship, etc.
• Loss of love, protection, and companionship provided by the decedent in life

Meanwhile, the estate can typically recover for:

• Medical expenses paid by the estate for the decedent’s final treatment/care
• Funeral/burial costs paid directly by the estate
• Lost income, wages, earnings, and other benefits from the date of injury until the date of death
• The overall value of income, wages, earnings, and benefits the decedent could have been reasonably expected to earn and leave to the estate had they lived