Tampa wrongful death attorneys at Hale Law represent families who have lost a loved one because of another party’s negligence. After a fatal accident or wrongful act, families are often left managing funeral expenses, lost income, and uncertainty about what comes next. The grief that follows the death of a spouse, parent, child, or close relative is often intensified by significant financial strain.
Under Florida law, eligible family members may bring a wrongful death claim to recover damages and hold the responsible party accountable. Hale Law represents families throughout Tampa and Hillsborough County from its East Fowler Avenue office, serving clients in Tampa, Temple Terrace, Town ’N’ Country, and surrounding communities.
Wrongful death claims are subject to strict statutory deadlines. Speaking with an attorney promptly can help protect your family’s right to pursue compensation. Contact Hale Law today for a free, confidential consultation.
Our firm is dedicated to getting excellent results that help you get back on your feet after a serious injury.
Why Tampa Families Trust Hale Law With Wrongful Death Claims
Losing someone you love to negligence brings grief and financial pressure at the same time. Your family needs a legal team that respects the emotional reality of your situation while still fighting to hold the at-fault party accountable.
How Hale Law Approaches Tampa Wrongful Death Cases
Hale Law is a personal injury firm, and wrongful death cases are among the most significant matters the team handles. Founder Patrick M. Hale built the firm around a set of core values that begin with listening and serving.
The attorneys at Hale Law have recovered millions for clients across Florida, and they prepare every case as though it is heading to trial. The firm maintains an in-office courtroom where the legal team rehearses case presentations and refines strategy before entering a courtroom or a settlement negotiation.
That level of preparation matters in wrongful death cases, where insurance companies often push hard to settle quickly and for far less than a family's claim may be worth.
What the Firm Takes On for Your Family
When you hire Hale Law to handle your Tampa wrongful death claim, the legal team manages the process from beginning to resolution. The firm's work on your behalf typically includes:
- Conducting a thorough investigation into the incident that caused your loved one's death
- Working with the personal representative of the estate to meet all statutory filing requirements
- Documenting the full financial and personal impact of the death on each eligible family member
- Negotiating with insurance companies and opposing parties to pursue a fair outcome
- Preparing your case for trial if a reasonable settlement is not offered
Wrongful death claims under Florida law involve strict procedural rules, tight deadlines, and damage categories that vary by survivor. Having a legal team that handles these cases regularly gives your family a stronger position from day one.
Hale Law works on a contingency fee basis. You pay no upfront costs and owe no attorney fees unless the firm recovers compensation for your family.
What Makes a Death a Wrongful Death Under Florida Law?
Not every unexpected death gives rise to a legal claim. Under Florida Statute § 768.19, a wrongful death claim exists when a person's death results from another party's wrongful act, negligence, default, or breach of contract or warranty.
The deceased person must have had a valid personal injury claim had they survived. That underlying requirement connects every wrongful death case to a specific act of carelessness or misconduct.
Types of Incidents That Lead to Wrongful Death Claims in Tampa
Hillsborough County sees heavy traffic on I-275, I-4, the Selmon Expressway, and surface roads throughout the Tampa metro. That volume contributes to a significant number of traffic fatalities each year. But wrongful death claims extend far beyond car crashes.
Tampa families pursue wrongful death lawsuits arising from a wide range of preventable incidents across the metro area. The most common types of cases include:
- Motor vehicle crashes involving cars, trucks, motorcycles, and pedestrians on Tampa's congested roads and highways
- Medical errors and failures in the standard of care at area hospitals, surgical centers, and clinics
- Nursing home neglect or abuse of vulnerable residents in long-term care facilities
- Drowning and premises liability incidents at residential pools, commercial properties, and waterfront locations
- Workplace accidents and defective product failures that result in fatal injuries
The common thread in every one of these cases is that another party's failure to act with reasonable care directly caused the death. Identifying that failure and proving it with evidence forms the foundation of every wrongful death claim your attorney builds.
Who Has the Legal Right to Bring a Wrongful Death Lawsuit in Tampa?
Florida's Wrongful Death Act, codified in Florida Statutes §§ 768.16 through 768.26, sets specific rules about who may bring a claim, who may benefit from it, and what damages may be recovered.
The Personal Representative Files the Claim
Florida law does not allow individual family members to file a wrongful death lawsuit independently. Instead, the personal representative of the deceased person's estate must bring the action.
This person files the lawsuit on behalf of both the estate and any eligible surviving family members. The personal representative is typically named in the deceased person's will, or the court appoints someone to fill that role if no will exists.
Survivors Who May Recover Under the Florida Wrongful Death Act
Under Florida Statute § 768.18, the following individuals may qualify as survivors and recover damages in a wrongful death case:
- The surviving spouse of the deceased
- Children of the deceased, including both minor and adult children
- Parents of the deceased, particularly in cases involving the death of a minor child
- Blood relatives or adoptive siblings who depended on the deceased person for support or services
Not all surviving family members qualify for the same compensation. Florida’s wrongful death statute assigns damages based on the survivor’s relationship to the deceased, with additional limits that may apply depending on whether there is a surviving spouse, minor children, or a medical negligence claim. A Tampa wrongful death attorney can assess your family’s circumstances to determine the damages available under the law.
What Compensation May Tampa Wrongful Death Attorneys Pursue for Your Family?
Florida Statute § 768.21 outlines the categories of damages available to survivors and the estate in a wrongful death action. The value of each claim depends on the deceased person's age, income, family structure, and the circumstances surrounding the death.
Economic and Personal Losses in a Tampa Wrongful Death Case
The damages your family may pursue fall into two broad categories. Economic damages cover measurable financial losses. Non-economic damages address the personal suffering your family has experienced. Together, these may include:
- Lost wages and employment benefits from the date of injury through the date of death
- The prospective net accumulations the deceased would have added to the estate over their lifetime
- Medical expenses and funeral costs tied to the injury and death
- Loss of companionship, moral support, and guidance for spouses, children, and parents
- Mental pain and suffering experienced by eligible surviving family members
Florida law places limits on which surviving family members can seek certain categories of non-economic damages. For instance, an adult child may recover for the loss of a parent’s companionship and protection only if the deceased parent did not leave behind a surviving spouse.
In medical malpractice cases, Florida Statute § 768.21(8) imposes additional restrictions on the damages available to parents and adult children. Because these limitations can significantly affect a claim, it is essential to work with a wrongful death attorney who understands how the statute applies to your family’s specific circumstances.
How Long Do Families Have to File a Wrongful Death Claim in Tampa
Under Florida Statute § 95.11, the statute of limitations for most wrongful death claims is two years from the date of the deceased person's death. That deadline applies whether the death occurred in a traffic crash on the Howard Frankland Bridge, a hospital in South Tampa, or a nursing facility near the University of South Florida.
Why Early Action Protects Your Family's Claim
Two years seems like a reasonable amount of time, but wrongful death cases demand thorough investigation, documentation, and legal preparation.
Evidence from the scene of an accident may disappear. Witnesses may relocate. Medical providers may change their record-keeping systems. The sooner your family contacts a Tampa wrongful death attorney, the stronger the foundation your legal team may build.
Florida law provides one key exception. When a death is caused by murder or manslaughter, there is no time limit for filing a civil wrongful death claim—even if no criminal case has been brought.
What Tampa Families Need to Know About Comparative Fault in Wrongful Death?
Florida's modified comparative fault law, found in Florida Statute § 768.81, also applies to wrongful death actions. If the deceased person carried some share of fault for the incident that caused their death, the damages your family recovers may be reduced proportionally.
How Shared Fault Affects Your Family's Recovery
Under this system, a finding that the deceased was 20 percent at fault reduces the family's total recovery by 20 percent. If the deceased person's share of fault exceeds 50 percent, the family may not recover any damages at all. This rule, which took effect in 2023, replaced Florida's previous pure comparative negligence standard.
Insurance companies and defense attorneys frequently try to shift blame onto the deceased person, especially in cases where the deceased is not alive to tell their side of the story. Common tactics in wrongful death cases include:
- Arguing that the deceased was speeding, distracted, or failed to follow traffic signals at the time of the incident
- Claiming that a pre-existing health condition, rather than the defendant's negligence, caused the death
- Disputing the severity of the financial and emotional losses your family has suffered
- Presenting selective evidence that paints the deceased in a negative light while downplaying the defendant's actions
Each of these arguments aims to reduce or eliminate your family's recovery. A wrongful death attorney at Hale Law gathers evidence, consults with investigators, and presents the facts in a way that counters those tactics and protects your claim.
FAQs for Tampa Wrongful Death Attorneys
Who files a wrongful death lawsuit in Tampa, Florida?
The personal representative of the deceased person's estate must file the claim under Florida law. This person acts on behalf of the estate and all eligible surviving family members. A court may appoint a personal representative if the deceased did not name one in a will.
What is the deadline for filing a wrongful death claim in Hillsborough County?
Florida law sets a two-year statute of limitations that begins on the date of the deceased person's death. If the personal representative does not file within that window, the court may refuse to hear the case. An exception exists for deaths caused by murder or manslaughter, where no time limit applies.
What damages might my family recover in a Tampa wrongful death case?
Your family may pursue compensation for lost income and financial support, funeral and medical expenses, lost companionship, parental guidance, and mental pain and suffering. The types of damages available depend on each survivor's relationship to the deceased and the specific facts of the case.
Does it matter if my loved one was partially at fault for the incident?
Yes. Florida's comparative fault law reduces your family's recovery by the deceased person's percentage of fault. If their fault exceeds 50 percent, the family may not recover anything. An attorney works to limit the amount of fault assigned to the deceased by presenting evidence of the other party's negligence.
Does the Florida Wrongful Death Act apply to medical malpractice deaths?
Yes, but with additional restrictions. Under Florida Statute § 768.21(8), adult children may not recover for lost parental companionship or mental pain and suffering in medical malpractice wrongful death cases. Parents of deceased adult children face similar restrictions. These limitations make it especially important to work with an attorney who understands how the statute applies to your specific family situation.
Reach Out to Tampa Wrongful Death Attorneys at Hale Law Today
Your family did not choose to be in this situation. Someone else's negligence took a person from your life, and now you are left managing the grief and the financial pressure that comes with it. A wrongful death claim does not undo that loss, but it may provide the financial stability and sense of accountability your family needs to begin moving forward.
Hale Law's Tampa wrongful death attorneys stand with families across Hillsborough County, and they take every case personally. The firm listens first, prepares with purpose, and never collects a fee unless your family receives compensation. Contact Hale Law today for a free, confidential consultation and take the next step toward protecting your family's rights.
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