Losing a family member due to someone else’s negligence is devastating. When that loss was preventable, the law provides a path for families to hold the responsible party accountable.
Common causes of wrongful death in Tampa include motor vehicle and truck accidents, workplace incidents at Port Tampa Bay (one of the largest ports in Florida), construction sites across the rapidly growing metro area, industrial facilities in East Tampa and Ybor City, healthcare facilities, and logistics and distribution centers along the I-4 and I-75 corridors, medical malpractice, premises liability, and defective products.
At Monge & Associates Injury and Accident Attorneys, our Tampa wrongful death lawyers have recovered over $1 billion for injury victims since 1993. The call is free, and you pay nothing unless we win.
If you were injured in Tampa or anywhere in Hillsborough County, speak with our legal team at (813) 945-6188 or toll-free (888) 653-0605.
Florida Wrongful Death Law
Statute of Limitations: Two years from the date of death (Fla. Stat. § 768.16-768.26). Courts enforce this deadline strictly. Note that medical malpractice wrongful death claims have their own statute of repose.
Who Can File: Under Florida’s Wrongful Death Act (Fla. Stat. § 768.16-768.26), the personal representative of the deceased’s estate files the lawsuit on behalf of the estate and the surviving family members. Eligible survivors include the surviving spouse, children (including adult children in some cases), parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased.
Comparative Negligence: Florida’s modified comparative negligence rule with the 51% bar applies to wrongful death claims. Medical malpractice wrongful death claims remain under pure comparative negligence.
Compensation in Florida Wrongful Death Cases
Survivors may recover compensation for loss of the decedent’s earnings from the date of death through their expected working life, loss of the decedent’s companionship, instruction, guidance, and protection, mental pain and suffering of survivors from the date of injury, medical and funeral expenses, and loss of support and services.
The decedent’s estate may recover the decedent’s lost earnings from the date of injury to the date of death, and medical and funeral expenses paid by the estate.
Holding All Responsible Parties Accountable
Wrongful death cases often involve multiple liable parties. Our attorneys conduct thorough investigations to identify every party whose negligence contributed to the death, including employers, property owners, product manufacturers, and healthcare providers.
What to Do After a wrongful death in Tampa
1. Seek Medical Attention. Even if injuries seem minor, get evaluated promptly. You must seek treatment within 14 days to preserve your PIP benefits. Tampa General Hospital (a Level I trauma center), AdventHealth Tampa, St. Joseph’s Hospital, and James A. Haley Veterans’ Hospital can provide immediate care.
2. Call Law Enforcement. Request an official police report.
3. Document Everything. Take photos of the scene, vehicles or hazards, and any visible injuries. Collect witness information.
4. Avoid Speaking With Insurance Adjusters Alone. Do not give recorded statements without consulting an attorney. Insurance companies will use anything you say to increase your percentage of fault and reduce your recovery under Florida’s modified comparative negligence rule.
5. Contact a Tampa Wrongful Death Lawyer. At Monge & Associates Injury and Accident Attorneys, we offer free consultations and work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Compensation Available in Tampa Wrongful Death Cases
Economic Damages: Medical expenses, lost wages, reduced earning capacity, property damage. There is no cap on economic damages in Florida.
Non-Economic Damages: Pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium. Florida does not cap non-economic damages in most personal injury cases, though HB 837 changed the rules for medical billing evidence presented to a jury.
Punitive Damages: In cases involving intentional misconduct or gross negligence, Florida courts may award punitive damages (capped at three times the compensatory damages or $500,000, whichever is greater, under Fla. Stat. § 768.73).
Tampa Wrongful Death FAQs
How long do I have to file a wrongful death lawsuit in Tampa?
Florida gives injury victims two years (Fla. Stat. § 95.11(3)(a), as amended by HB 837, effective March 24, 2023) to file a lawsuit.
Who can file a wrongful death claim in Florida?
The personal representative of the deceased’s estate files on behalf of eligible survivors, including the surviving spouse, children, parents, and dependent blood relatives or adoptive siblings.
Where will my Tampa case be heard?
Most cases are heard in the Hillsborough County Circuit Court, part of the Thirteenth Judicial Circuit.
How much does a Tampa wrongful death lawyer cost?
Monge & Associates Injury and Accident Attorneys works on a contingency fee basis. You pay nothing unless we win.
Office
Monge & Associates Injury and Accident Attorneys
2701 W Busch Blvd
Tampa, FL 33618
Local Phone: (813) 945-6188
Toll-Free: (888) 653-0605
Hours: Open 24 hours, 7 days a week
Contact a Tampa Wrongful Death Lawyer at Monge & Associates Injury and Accident Attorneys
If you were injured in Tampa, the team at Monge & Associates Injury and Accident Attorneys is ready to fight for your recovery.
Call us today at (813) 945-6188 or toll-free (888) 653-0605, or contact us online for a free consultation.