Tampa Wrongful Death Attorney

Losing a loved one is a tragedy that no family should have to face alone. When that loss is caused by someone else’s negligence, the grief is often compounded by a sense of injustice and overwhelming financial stress. At Jeff Murphy Law, we understand that while no amount of money can replace a family member, you deserve the space to grieve without the added burden of mounting medical bills and funeral expenses. We are here to handle the legal complexities and fight for the justice your loved one deserves, allowing you to focus on your family and your healing.

What Does a Tampa Wrongful Death Lawyer or Attorney Do?

A Tampa wrongful death lawyer investigates how your loved one died, proves the at-fault party’s negligence, values every category of loss the family and the estate are owed, and deals directly with the insurance company so you don’t have to.

• Handles evidence gathering, expert consultation, and every insurer communication on your behalf
• Works under Florida’s Wrongful Death Act (Fla. Stat. 768.16–768.26), the same statute whether your case is filed by a “lawyer” or an “attorney”
• At Jeff Murphy Law, Jeff Murphy personally puts his 35 years of trial and litigation experience on every case — not a junior associate, and you can see the outcomes for yourself in our case results

Why Should I Hire a Tampa Wrongful Death Attorney?

In the wake of a devastating loss, the last thing your family should have to carry is the burden of a legal investigation. While you focus on honoring your loved one’s memory, we step in to shoulder the complexities of your case. We move quickly to protect your rights by securing vital evidence, documenting the scene, and consulting with experts to ensure the truth is preserved before it fades. Here are some signs you may need to contact a Tampa wrongful death attorney:

• Your loved one passed away as a result of an accident
• You believe that the other party is responsible
• You believe that the responsible party was negligent
• Damages or financial losses resulted from the accident

With 35 years of experience in Florida wrongful death law, Jeff Murphy provides the compassionate, high-level advocacy your family deserves. We are here to answer your questions, protect your financial future, and handle every interaction with insurance companies so you don’t have to. When you are ready, we invite you to have a quiet, confidential conversation with us to understand your options and begin the path toward justice and recovery.

What Is a Wrongful Death Lawsuit?

If you have a friend or a loved one who has died due to the negligent or intentional act of another, the survivors may have a wrongful death claim against the at-fault party. A wrongful death claim arises when a death is caused by another party’s negligence or wrongful act. Florida’s Wrongful Death Act is a statute that sets forth those persons who can make a claim and the type of compensation they can recover.

A wrongful death lawsuit seeks compensation for the survivors, such as children and spouses, and for the decedent’s estate itself. Wrongful death claims typically are made for pain and suffering, loss of companionship, lost earnings, and the value of lost support. The party’s negligence or wrongful conduct must have directly resulted in the death, establishing the legal grounds for the claim.

Is an “Accidental Death” the Same as a Wrongful Death Claim?

Not exactly. “Accidental death” describes how someone died, unintentionally. “Wrongful death” is the legal claim Florida law (Fla. Stat. § 768.19) allows when that death was caused by someone else’s negligence.

• Car crashes, workplace falls, and drownings are often labeled “accidental” on a police or medical report, but they can still support a wrongful death claim if negligence caused them
• The same two-year filing deadline described below applies no matter which term is used to describe the death

Florida Wrongful Death Act

The Wrongful Death Act is found in Florida Statutes 768.16-768.26. Generally, it provides that a claim will be brought by a personal representative who seeks a recovery on behalf of the spouse, children, and parents of the deceased. Under certain circumstances, other “blood” relatives may also have a claim. The decedent’s estate can also recover damages, including funeral expenses paid by the estate and loss of earnings.

The Florida wrongful death claim time limit is two years from the date of death. Generally, if you fail to file a lawsuit by the deadline, your claim will be forever barred. However, as you might expect, there are exceptions to this rule. It is critical that you contact an attorney immediately to discuss the applicable deadlines and make sure your claim is properly preserved.

Compensation For Wrongful Death

The following types of damages may be recovered:

• Lost support and services to survivors (the nature of the relationship to the deceased, probable future income of the deceased, and replacement value of lost support and services are considered)
• Surviving spouse’s lost companionship and protection, plus pain and suffering
• Minor children’s lost parental companionship, instruction, and guidance, including pain and suffering (all children, not just minors, if there is no surviving spouse)
• Parents of deceased child may also claim damages for pain and suffering
• Medical and/or funeral expenses

In some cases, punitive damages may be awarded if the defendant’s actions involved egregious, intentional, or grossly negligent misconduct, to punish and deter such behavior. Remember, wrongful death actions are civil court proceedings, separate from any criminal court case. While criminal charges may be filed by the state in a criminal case to punish the responsible party, a wrongful death lawsuit in civil court is focused on compensating the family and the decedent’s estate. A wrongful death claim can proceed regardless of whether criminal charges are filed or the outcome of any criminal case.

How Do You Prove Negligence in a Wrongful Death Case?

To recover damages, your attorney must prove four elements: the other party owed your loved one a duty of care, they breached that duty, the breach directly caused the death, and the family suffered damages as a result.

• Evidence for these elements often includes accident reports, medical records, witness statements, and expert testimony
• Punitive damages, described above, require proof of even more egregious conduct than ordinary negligence

Common Causes of Wrongful Death

A wrongful death occurs when a life is taken due to the “wrongful act, negligence, default, or breach of contract” of another person or entity. In Florida, this legal framework exists to ensure that families aren’t left to bear the financial and emotional consequences of a preventable tragedy alone. Whether the loss was caused by a momentary lapse in judgment or a systemic failure to follow safety standards, the law provides a way to hold those responsible accountable for the void they have left behind. Below are the most common types of wrongful death cases we handle in the Tampa Bay area:

• Motor Vehicle & Car Accidents
• Bicycle Accidents
• Truck Accidents
• Workplace Accidents
• Medical Malpractice (including medication errors)
• Product Liability
• Premises Liability
• Sports Injuries

Car and motor vehicle crashes are among the most common causes of wrongful death in the Tampa Bay area. If you’re not sure what you should do after the wrongful death of your loved one in a car accident, our team can walk you through the next steps. You may have a claim in addition to any award from the driver’s insurance.

If your loved one died in an accident, whether due to a negligent institution or a distracted driver, it might be in your best interest to pursue legal assistance. You have a right to understand your legal rights and the options available to you.

Book a Free Consultation With an Experienced Wrongful Death Lawyer

Taking the first step toward legal action can feel overwhelming, especially when your family is already facing the financial and emotional impact of a loss. Many families hesitate to reach out because they worry about how much a personal injury lawyer costs. This is why Jeff Murphy Law offers a complimentary case evaluation. We believe you deserve clear answers and professional guidance without any added financial pressure.

Choosing the right legal representation is a deeply personal decision. A free consultation allows you to vet our experience and ensure our approach aligns with your family’s needs. Contact our Tampa office today to schedule your free consultation and begin the process of securing your family’s future.

FLORIDA Wrongful Death Law: FAQs

Should I File a WRONGFUL DEATH Claim?

It is natural to feel hesitant about moving forward with a legal claim. Many families we’ve represented in Tampa find that while a lawsuit cannot undo the past, it can provide a vital sense of closure and the financial security needed to grieve without distraction. Most families are relieved to learn that the vast majority of wrongful death cases, approximately 95%, are resolved through strategic negotiations as a legal claim, never requiring a courtroom trial.

Can any attorney handle a Florida wrongful death case?

Not effectively. Florida wrongful death cases involve procedures a standard personal injury claim doesn’t. Filing through a personal representative, valuing estate and survivor damages separately, and often expert testimony on lost future income. Look for an attorney with specific wrongful death trial experience, not just general injury experience.

• Ask whether they’ve filed under Florida’s Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) specifically
• Ask how they’ve valued estate damages and survivor damages separately in past cases

Book a Free Consultation With an Experienced Wrongful Death Lawyer

Taking the first step toward legal action can feel overwhelming, especially when your family is already facing the financial and emotional impact of a loss. Many families hesitate to reach out because they worry about the cost of legal advice. This is why Jeff Murphy Law offers a complimentary case evaluation. We believe you deserve clear answers and professional guidance without any added financial pressure.

Choosing the right legal representation is a deeply personal decision. A free consultation allows you to vet our experience and ensure our approach aligns with your family’s needs. Contact our Tampa office today to schedule your free consultation and begin the process of securing your family’s future.

FLORIDA Wrongful Death Law: FAQs

Should I File a WRONGFUL DEATH Claim?

It is natural to feel hesitant about moving forward with a legal claim. Many families we’ve represented in Tampa find that while a lawsuit cannot undo the past, it can provide a vital sense of closure and the financial security needed to grieve without distraction. Most families are relieved to learn that the vast majority of wrongful death cases—approximately 95% are resolved through strategic negotiations as a legal claim, never requiring a courtroom trial.

Can any attorney handle a Florida wrongful death case?

Not effectively. Florida wrongful death cases involve procedures a standard personal injury claim doesn’t. Filing through a personal representative, valuing estate and survivor damages separately, and often expert testimony on lost future income. Look for an attorney with specific wrongful death trial experience, not just general injury experience.

• Ask whether they’ve filed under Florida’s Wrongful Death Act (Fla. Stat. §§ 768.16–768.26) specifically
• Ask how they’ve valued estate damages and survivor damages separately in past cases

Can a minor file a Florida wrongful death claim?

A minor can’t file the lawsuit personally; only the personal representative of the estate can do that (Fla. Stat. § 768.20). But minor children of the deceased are recognized survivors who can recover damages for lost parental companionship, instruction, and guidance through that representative’s claim.

• The personal representative pursues the minor’s damages as part of the single wrongful death action
• Courts oversee how any settlement or award is allocated when minors are involved

Who can sue in a Florida wrongful death case?

Only the personal representative of the deceased’s estate can file a Florida wrongful death lawsuit, not individual family members directly (Fla. Stat. § 768.20). That representative brings a single claim on behalf of the “survivors” the law recognizes: typically the spouse, children, and parents of the deceased, along with certain other blood relatives who depended on them for support (Fla. Stat. § 768.18).

• The personal representative is usually named in the deceased’s will, or appointed by the probate court if there isn’t one
• Individual survivors don’t file separate lawsuits, everyone’s damages are pursued in the same action

What damages CAN I GET in a wrongful death claim?

Recoverable damages fall into two categories: what the decedent’s estate can recover, and what surviving family members can recover separately.

• Estate damages: funeral and medical expenses, lost earnings before death, loss of net accumulations
• Survivor damages: lost companionship, pain and suffering, lost support and services, plus punitive damages in cases of egregious misconduct (see the full breakdown above)

Client Review

“Jeff was soooo helpful and put me at ease while going through a tough time! He is extremely professional and empathetic to his clients needs. And all around amazing lawyer and person!”
Jenny B.

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