Florida Wrongful Death FAQ

Florida law allows the personal representative of the deceased person's estate to file the lawsuit on behalf of surviving family members. Those family members, including a spouse, children, parents, and other dependents, may be entitled to recover compensation through that single claim. If your loved one did not name a personal representative before passing, a probate court can appoint one so the claim can move forward without delay.

Wrongful death claims can follow nearly any fatal accident caused by negligence. Common examples our injury law firm handles include:

• Car accidents and other fatal auto accidents on Tampa Bay roadways
• Motorcycle accident and motorcycle crash fatalities
• Truck accident and commercial truck accident collisions involving passenger vehicles
• Pedestrian accident and bicycle accident deaths near busy corridors
• Slip and fall or other premises liability incidents
• Boating accidents on local waterways and defective product failures

If a family member died because of someone else's negligence, a fatal accident lawyer can review the circumstances and determine whether a claim applies.

Florida's wrongful death statute allows families to pursue several categories of damages, including medical and hospital bills tied to the final injury, funeral and burial expenses, lost income and benefits the deceased would have provided, loss of companionship and guidance for a spouse or children, and compensation for mental anguish. A personal injury trial lawyer can review your family's specific losses and give you a realistic estimate of what your claim may be worth after examining medical records, income history, and the circumstances of the accident.

Florida generally gives families two years from the date of death to file a wrongful death lawsuit. This deadline can be shorter or subject to different rules in certain cases, such as claims involving a government entity or a commercial truck accident lawyer investigating a trucking company's federal safety records. Because evidence disappears quickly and insurance companies move fast, it is best to speak with a wrongful death lawyer as soon as possible after your loss.

Yes. A wrongful death claim requires showing that another person, company, or entity failed to act with reasonable care and that this failure caused the fatal accident. This might mean a distracted driver who caused a car crash, a property owner who ignored a known hazard that led to a premises liability death, or a manufacturer whose defective product injured someone fatally. An experienced personal injury attorney gathers police reports, witness statements, medical records, and expert opinions to build that proof on your family's behalf.

Our firm handles wrongful death and injury claim cases on a contingency fee basis. That means there is no upfront cost to you, and attorney fees are only collected if we recover compensation for your family. This arrangement lets grieving families pursue justice without adding financial strain during an already difficult time.