Losing a loved one is devastating. When that loss happens because of someone else’s negligence, the pain becomes even harder to bear. Families left behind face emotional trauma and financial hardship. Medical bills, funeral expenses, and lost income add to the burden. At Jurewitz Law Group Injury & Accident Lawyers, our Tampa wrongful death attorneys understand this impact. We help families pursue justice and recover the compensation they deserve.
If you’ve lost a loved one due to negligence in Tampa, contact Jurewitz Law Group Injury & Accident Lawyers today at (813) 605-1100 for a free consultation. We work on a contingency fee basis. You pay no attorney fees unless we win your case.
Why Choose Jurewitz Law Group Injury & Accident Lawyers for Your Tampa Wrongful Death Case
Wrongful death cases require attorneys who understand the legal framework and the emotional needs of grieving families. Our Tampa legal team brings decades of combined experience handling fatal accident claims throughout Florida. We’ve recovered nearly $250 million for clients nationwide. This includes significant settlements for families who lost loved ones to negligence.
Our firm has earned recognition from legal organizations. Ross Jurewitz, our founding attorney, received Super Lawyers recognition in 2023. He has been featured in Time and Newsweek magazines for his leadership in personal injury law. Attorney Gregg Spagnolia leads our Florida practice. He is a University of Florida Law graduate with nearly a decade of experience in Florida personal injury cases. James Joseph earned Rising Star recognition from 2020 to 2023. Robert Sagerian was named a 2024 California Rising Star by Super Lawyers.
We are members of the Million Dollar Advocates Forum. This represents less than 1% of attorneys nationwide. Our firm exclusively represents injury victims. We never represent insurance companies. This means our interests align completely with yours. We maintain 24/7 availability for serious injury cases. We offer bilingual services to better serve Tampa’s diverse community.
We handle wrongful death cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for your family. We advance all case expenses. You can focus on grieving and healing while we handle the legal work.
Understanding Wrongful Death in Florida
Wrongful death occurs when someone dies as a result of another person’s negligence, recklessness, or intentional act. Florida law allows surviving family members of the deceased to pursue a civil claim for damages. This applies even if the person responsible was never charged with a crime or convicted in criminal court.
Florida Statutes § 768.16-768.26 govern wrongful death claims. These statutes define who can file a claim, what damages are recoverable, and the procedures for pursuing justice. A wrongful death claim differs from a survival action. A wrongful death claim addresses losses suffered by surviving family members. A survival action addresses the pain and suffering the deceased experienced before death.
The statute of limitations for wrongful death claims in Florida is two years from the date of death. This deadline is strict. Once it passes, your family loses the right to pursue compensation. Acting quickly is essential. If you’ve been affected by a fatal accident in Tampa, contact our office immediately.
Common causes of wrongful death in Tampa include motor vehicle accidents, medical malpractice, workplace accidents, product defects, premises liability, and nursing home negligence. Each type of case presents unique legal challenges. Each requires different evidence to prove liability.
Who Can File a Wrongful Death Claim in Florida
Not everyone can file a wrongful death claim. Florida law establishes a priority order of beneficiaries. Only those with legal standing can pursue compensation.
Under Florida law, the wrongful death lawsuit must be filed by the Personal Representative of the deceased’s estate. The Personal Representative files a single claim on behalf of all eligible family members (spouse, children, and parents) simultaneously. While the Personal Representative manages the legal process, any compensation recovered is distributed to the family members based on the specific damages they suffered.
The priority order matters. It determines who receives the compensation recovered. If multiple beneficiaries exist at the same priority level, they typically share the recovery equally. Understanding your family’s legal status is important. It helps you know whether you have the right to pursue a wrongful death claim in Florida.
Types of Wrongful Death Cases We Handle in Tampa
Wrongful death can result from many different types of accidents and negligent acts. Our Tampa attorneys have experience handling all types of fatal accident claims.
Motor vehicle accidents represent a significant category of wrongful death cases. These include car accidents, truck accidents, motorcycle accidents, and pedestrian accidents. Medical malpractice and nursing home negligence also result in wrongful death claims. These occur when healthcare providers fail to provide appropriate care. Workplace accidents and construction site fatalities happen when employers fail to maintain safe working conditions. Product liability cases arise when defective products cause fatal injuries. Premises liability claims result from inadequate security, slip and fall accidents, or dangerous conditions on property. Intentional acts and criminal negligence can also form the basis for wrongful death claims.
Damages Available in Tampa Wrongful Death Claims
Florida law allows families to recover both economic and non-economic damages in wrongful death cases.
Economic damages include funeral and burial expenses, medical bills incurred before death, lost financial support the deceased would have provided, and lost wages and benefits. We calculate these damages based on the deceased’s age, earning capacity, and life expectancy.
Non-economic damages compensate families for the emotional losses they suffer. These include loss of companionship, mental pain and suffering, loss of parental companionship, and loss of the deceased’s guidance and support. These damages are more difficult to calculate. However, they often represent a significant portion of the total recovery.
Economic vs. Non-Economic Damages
Economic damages are quantifiable losses with specific dollar amounts. These include funeral expenses, medical bills, and lost income. We work with economists and life care planners to calculate these damages accurately. This ensures they reflect the full financial impact of your loved one’s death.
Non-economic damages address the intangible losses families suffer. The loss of a parent’s guidance, a spouse’s companionship, or a child’s presence cannot be measured in dollars. However, Florida law recognizes these losses deserve compensation. Courts consider factors like the deceased’s age, the strength of family relationships, and the length of time the family would have benefited from the deceased’s presence when calculating these damages. Understanding the difference between these damage categories helps families understand the full scope of their potential recovery.
How Jurewitz Law Group Injury & Accident Lawyers Handles Your Wrongful Death Case
When you contact Jurewitz Law Group Injury & Accident Lawyers about a wrongful death claim, we begin with a thorough investigation. We identify all potentially liable parties. We gather evidence before it can be lost or destroyed. We work with accident reconstruction experts, medical professionals, and other specialists. Together, we understand exactly how your loved one died and who bears responsibility.
We coordinate with healthcare providers and medical experts. They document your loved one’s injuries and the cause of death. We work with life care planners and economists to calculate the full extent of your family’s losses. This includes both current and future damages.
We handle all communications with insurance companies. Insurance adjusters are trained to minimize claims. They protect their company’s interests, not yours. We negotiate aggressively to secure fair settlements. If insurance companies refuse to offer adequate compensation, we prepare your case for trial. We are ready to present your family’s case to a jury.
Throughout the legal process, we maintain regular communication with your family. We keep you informed of all developments. We explain your options clearly. We provide the compassionate support you need during this difficult time. Our approach to wrongful death representation focuses on your family’s needs and recovery.
What You Need to Know About Florida’s Wrongful Death Law
Proving wrongful death requires establishing four key elements. First, the defendant owed a duty of care to your loved one. Second, the defendant breached that duty through negligent or reckless conduct. Third, that breach directly caused your loved one’s death. Fourth, your family suffered quantifiable damages as a result.
The burden of proof in a wrongful death case is lower than in criminal cases. You must prove your case by a preponderance of the evidence. This means it is more likely than not that the defendant caused your loved one’s death. This is a lower standard than the “beyond a reasonable doubt” standard used in criminal cases.
Florida follows a modified comparative negligence rule. Under this system, if your loved one was partially at fault for the accident, your family’s compensation is reduced by that percentage. However, under Florida’s modified comparative negligence system, if your loved one is found to be more than 50% at fault for the accident, your family is barred from recovering any compensation. This makes it critical for our investigators to gather evidence immediately to ensure fault is placed correctly on the negligent party.
Expert witnesses play an important role in wrongful death cases. Medical experts testify about the cause of death. They explain the injuries your loved one sustained. Accident reconstruction experts explain how the accident occurred. Economists calculate the financial impact of your loved one’s death. These expert witnesses help prove your case. They demonstrate the full extent of your family’s losses.
Frequently Asked Questions About Wrongful Death in Tampa
How long do I have to file a wrongful death lawsuit in Florida?
You have two years from the date of your loved one’s death to file a wrongful death claim. This deadline is strict. It cannot be extended except in very limited circumstances. If you miss this deadline, your family loses the right to pursue compensation forever. Contacting an attorney immediately after your loved one’s death is important. Don’t delay—reach out to our Tampa office today.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim addresses the losses suffered by surviving family members. This includes loss of companionship, financial support, and guidance. A survival action addresses the pain and suffering the deceased experienced before death. It also covers medical expenses incurred during treatment. You can often pursue both claims simultaneously. Both contribute to the total compensation your family receives.
Can I file a wrongful death claim if the death was partially my loved one’s fault?
Yes, you may still be able to file a claim even if your loved one was partially at fault. Florida’s modified comparative negligence rule allows recovery if the deceased was 50% or less at fault. If your loved one was more than 50% at fault, however, your family cannot recover any compensation. An experienced attorney can evaluate the circumstances of your loved one’s death. We can explain whether you have a viable claim.
What if the person responsible for my loved one’s death was never charged with a crime?
A criminal conviction is not necessary to pursue a wrongful death claim. Civil cases and criminal cases are separate legal proceedings. They have different standards of proof. In a criminal case, the prosecution must prove guilt beyond a reasonable doubt. In a civil wrongful death case, you must prove liability by a preponderance of the evidence. This is a lower standard. Many wrongful death cases proceed without any criminal charges being filed.
Contact Our Tampa Wrongful Death Attorneys Today
If you’ve lost a loved one due to someone else’s negligence in Tampa or anywhere in Hillsborough County, don’t face this difficult time alone. Jurewitz Law Group Injury & Accident Lawyers is ready to help your family pursue justice and recover the compensation you deserve.
Contact us today for a free consultation:
Phone: (813) 605-1100
Available 24/7 for serious cases
No upfront costs
No attorney fees unless we win
Bilingual services available
Our Tampa office is conveniently located at 730 S Sterling Ave, Suite 305, Tampa, FL 33609. We serve families throughout Hillsborough County. This includes Tampa, Plant City, Temple Terrace, Brandon, Riverview, Valrico, and surrounding communities.
We understand the devastating impact of losing a loved one. Our compassionate legal team is committed to fighting for your family’s rights. You can focus on healing and remembering your loved one. Don’t let insurance companies take advantage of your family during this vulnerable time. Let Jurewitz Law Group Injury & Accident Lawyers handle the legal aspects of your case. You concentrate on what matters most—your family.
The statute of limitations for wrongful death claims is only two years. Time is important. Contact us today to protect your family’s rights. Begin your path to justice and recovery.
