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”
• Values economic losses using recognized methods such as earning capacity calculations, household services valuation, and life expectancy considerations, not just a flat estimate
• 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 Claim in Florida?

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 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 (also called loss of consortium), 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. Survivor damages, including lost support and services, are separately authorized under Fla. Stat. § 768.21.

Wrongful Death vs. Survival Action — What’s the Difference?

A wrongful death claim compensates surviving family members for their own losses, such as lost support, lost companionship, and pain and suffering. A survival action, by contrast, compensates the decedent’s estate for what the decedent could have recovered had they lived, such as their own medical bills, lost income, and pain and suffering between the injury and their death.

• The two claims can sometimes be pursued together for the same death, as long as the damages sought don’t overlap
• A survival action is brought by the same personal representative who brings the wrongful death claim

Who Can File a Wrongful Death Claim in Florida?

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, in this general order of priority:

• The deceased’s surviving spouse
• The deceased’s children
• The deceased’s parents
• Other blood relatives or adoptive siblings who were dependent on the deceased for support (Fla. Stat. § 768.18)

The personal representative is usually named in the deceased’s will, or appointed by the probate court under Fla. Stat. sections 733.301 and 733.302 if there isn’t one. Individual survivors don’t file separate lawsuits; everyone’s damages are pursued in the same action.

How Long Do I Have to File a Wrongful Death Lawsuit in Florida?

The Florida wrongful death claim time limit is two years from the date of death (Fla. Stat. § 95.11(4)(d)). 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.

In limited situations, the clock can pause. Whether any of these exceptions apply to your case is something an attorney needs to confirm quickly, since the specifics matter and the deadline doesn’t wait.

What Compensation Can Be Recovered in a Wrongful Death Claim?

The following types of damages may be recovered:

Economic Damages

• Lost support and services to survivors, based on the nature of the relationship to the deceased, the deceased’s probable future income, and the replacement value of lost support and services
• Medical and funeral expenses
• Loss of net accumulations to the estate

Non-Economic Damages

• Surviving spouse’s lost companionship and protection (loss of consortium), 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 a deceased child may also claim damages for pain and suffering

Punitive Damages and Florida’s Damage Caps

Punitive damages may be awarded when the defendant’s conduct was intentional or grossly negligent, to punish and deter such behavior, and Florida law caps how much a jury can award:

• In most cases, punitive damages are capped at the greater of three times compensatory damages or $500,000 per claimant (Fla. Stat. § 768.73)
• If the conduct was motivated by financial gain and the responsible party knew the danger involved, the cap rises to the greater of four times compensatory damages or $2 million
• If the defendant specifically intended to cause harm, there is no cap at all

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.

• Punitive damages, described above, require proof of even more egregious conduct than ordinary negligence

What Evidence Will I Need for a Wrongful Death Claim?

Proving each of the four negligence elements above depends on building a thorough evidentiary record early, before evidence disappears or memories fade.

• Accident or incident reports from police, EMS, or the property or business where the death occurred
• Medical records documenting the cause of death and any treatment before death
• Witness statements gathered as close to the event as possible
• Expert testimony, such as accident reconstruction specialists or medical experts, to establish causation
• Financial records establishing the decedent’s lost earnings and support to survivors

The sooner an attorney is involved, the more of this evidence can still be preserved — some of it, like surveillance footage or physical evidence at a scene, can disappear within days.

Do Wrongful Death Cases Go to Trial?

Most wrongful death cases in Tampa settle before trial. At Jeff Murphy Law, approximately 95% of cases are resolved through negotiation rather than trial.

• When an insurer won’t offer fair value, having a trial-tested attorney matters
• Jeff Murphy brings 35 years of trial and litigation experience to every case that does go before a jury

Common Causes of Wrongful Death in Tampa

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
• Motorcycle Accidents
• Pedestrian Accidents
• Bicycle Accidents
• Truck Accidents
• Bus Accidents
• Boating Accidents
• Swimming Pool Accidents
• Workplace Accidents, including fires and explosions
• Medical Malpractice (including medication errors)
• Product Liability
• Premises Liability
• Slip and Fall Accidents
• Negligent Security
• Nursing Home Abuse and Neglect
• Dog Bites

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.

Medical Malpractice Wrongful Death Claims in Tampa

When a death is caused by a healthcare provider’s negligence, such as a misdiagnosis, medication error, or surgical mistake, it can support a wrongful death claim, sometimes alongside a separate medical malpractice claim. These cases carry additional procedural requirements under Florida law, including a pre-suit investigation period, which makes early legal review especially important.

Filing a Wrongful Death Lawsuit in Florida

Once the personal representative is ready to move forward, a Florida wrongful death claim generally follows these steps:

• The personal representative, through their attorney, files a formal complaint in civil court naming the at-fault party or parties
• The defendant responds, and both sides exchange evidence and take depositions during discovery
• Most cases proceed to settlement negotiations with the insurer or defendant’s legal team once liability and damages are established
• If a fair settlement isn’t reached, the case proceeds to trial, where a jury determines liability and damages
• Any settlement or verdict is distributed to survivors and the estate according to Florida’s Wrongful Death Act, often with court oversight when minors are involved

This process typically takes months to over a year, depending on the complexity of the case and whether the insurer disputes liability.

Our Track Record in Wrongful Death Settlements and Verdicts

• Football Player Sues University – $10,000,000 jury verdict

  A college football player in Florida was killed during a pre-season conditioning session.

• Boating Accident – $2,500,000

  Settlement for boating accident death

Recognition and Credentials

Florida Bar Court Admissions

• Admitted to Florida Bar (1990)
• U.S. District, Middle District of Florida (1991)

Education

• University of Pennsylvania (1987)
• University of Florida, Levin College of Law, with Honors (1990)

Wrongful Death Attorney Near Me in Tampa

Jeff Murphy Law serves families throughout the greater Tampa Bay area, including Clearwater, St. Petersburg, Tampa Heights, and Westchase, with free in-person or virtual consultations available. Our office is located in downtown Tampa at Bank of America Plaza, 101 E Kennedy Blvd, 39th Floor, and we travel to meet clients who can’t come to us. Call (813) 443-5553, available 24/7, to speak with someone today.

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, 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, including 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

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 (loss of consortium), pain and suffering, lost support and services, plus punitive damages in cases of egregious misconduct (see the full breakdown above)

What Our Clients Say

“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.

“Jeff Murphy is a great attorney. I have known him for many years and have worked with him on personal injury cases. He is smart, experienced, and knows how to get great results for his clients. I give him the highest recommendation.”

G. Yerrid

Read more client testimonials.

Speak With a Tampa Wrongful Death Attorney Today

You need an attorney you can trust, one who understands that your case and your needs are unique, and one who will talk to you and give you honest answers to your legal questions. Put Jeff Murphy’s 35 years of trial and litigation experience to work for you. Contact our Tampa office today to schedule your free consultation.