Tampa Sports-Related Wrongful Death Lawyer

Millions of American children and young adults participate in organized sports every year, and the vast majority of them have enjoyable and fulfilling experiences. From football and basketball to baseball and soccer, there is no shortage of opportunities for the athletic. Unfortunately, due to the competitive nature and physical exertion that are inherent in sports, these activities can sometimes result in injury and even death.

When a child dies playing sports, and the death is due to the negligence of a school, youth sports organization, or college or university, their parents are left to grieve. Fortunately, they have the right to file a wrongful death lawsuit against the at-fault parties. These claims are unlike a typical personal injury claim, so it is important that family members retain a Tampa wrongful death lawyer who has extensive experience with these cases. 

Find out why families trust Jeff Murphy Law.

How Jeff Murphy Law Helps Grieving Parents

At Jeff Murphy Law, our legal team has successfully pursued numerous personal injury and wrongful death claims involving sports events and activities. Many of these involve negligent conduct on the part of institutions and organizations such as schools and universities. We have helped grieving families hold responsible people accountable through:

• Our decades of litigation experience with wrongful death claims in Tampa and surrounding areas
• Understanding how to sensitively and effectively handle sports-related wrongful death claims against schools, youth sports groups, colleges, universities, athletics staff, and other negligent parties
• In-depth knowledge of the relevant laws, court opinions, and court rules and procedures that govern these types of cases
• Licensed in Florida and able to assist families whose children were attending school, a sports clinic or club, or some other event in Florida (even if they resided out of state)

Jeff has applied his legal skill to win settlements of $1 million, $2.2 million, and $4.75 million, plus a jury verdict of $10 million. And while our past results are no guarantee of future outcomes, we know what it takes to obtain the necessary evidence, apply input from sports expert witnesses, and present a compelling case for the compensation that families deserve.

When Sports Programs Are Legally Responsible

Schools, universities, and other institutions and organizations must take reasonable measures to keep children and student athletes safe from avoidable injury and harm. Several situations could implicate liability on the part of the school, club, or individual in charge. They include:

• An athlete suffers excessive heat stress, exertion-related heat stroke, or heat-related illness due to insufficient monitoring, lack of training, inadequate cooling and hydration, or the absence of an appropriate emergency action plan
• Sudden cardiac arrest resulting from insufficient ECG screening, lack of an automated external defibrillator (AED), or a delayed or otherwise inadequate response
• Sudden events due to blunt trauma, commotio cordis (disruption of the athlete’s heart rhythm caused by a blow sustained to the area directly over the heart), and other emergencies
• Hazardous athlete conditioning, athlete hazing, and unsafe drills
• Inadequate supervision of an athlete or medical clearance, for instance, following a concussion or other injury
• Equipment defects that may result in third-party product claims against safety equipment manufacturers, AED manufacturers, and more

High School and College Safety Standards for Student Athletes 

High schools and colleges in Florida are subject to a number of rules and requirements that they must observe in their student-athlete programs. These include:

• Completion of the Florida High School Athletic Association (FHSAA) Preparticipation Physical Evaluation Form
• Adoption and implementation of an Emergency Action Plan
• AED access, which may be required under some state laws or city ordinances (Janet’s Law in New Jersey provides a model for what AED rules should look like, even if there is no official requirement to have them)
• New ECG requirements pursuant to the Second Chance Act, which will be phased in starting in the 2026-2027 school year

Waivers, Releases, and What They Don’t Excuse

Any parent whose child has participated in sports is familiar with waivers, releases of liability, and similar forms. Schools and other organizations, as well as businesses, require parents to sign these as a condition of permitting their children to participate in sports. However, a Florida Supreme Court case known as Kirton v. Fields limits the efficacy of these documents in the context of commercial sports. In this case, a father signed a release and waiver that allowed his 14-year-old son to ride his ATV (all-terrain vehicle) at a motor sports park. The child was subsequently injured and died, and the sports park cited the release in its defense. While the trial court agreed with the business and ruled in favor of the park, the appellate court and Florida Supreme Court did not.

While the Court acknowledged the right of parents to sign these releases, such agreements protect the interests of the business or organization that requires them, not the interests of the children. Also known as pre-injury releases, they disincentivize businesses to take reasonable precautions to protect children and to mitigate their risks. The release in this case was unenforceable.

It should be noted that the release at issue in this case specifically concerned a commercial-provider waiver that a business may ask a parent to sign. Put simply, pre-injury releases for children are treated differently from releases, waivers, and the like that adults may sign before joining recreational leagues and sports teams. They do not excuse gross negligence and other unreasonable conduct that causes injury or death.

Florida Laws Which Affect Wrongful Death Claims

Wrongful death can be thought of as an extension, in many ways, of personal injury law. When someone’s negligent or intentional actions cause the death of another person, eligible survivors have the right to file a wrongful death lawsuit. These are designed to recover many damages, including the victim’s final medical and funeral expenses.

Two important caveats apply to wrongful death lawsuits, which every family should understand at the outset of litigation.

Comparative Negligence

Not all accidents, including those causing death, are black and white in terms of fault. There are some cases in which the victim played some role in causing their own injury and death. This is where the doctrine of comparative negligence comes in. When there is evidence that a victim was partially to blame for their demise, a jury will assign a percentage of fault to the victim. The amount of available wrongful death damages is then reduced by that percentage.

An example is a wrongful death lawsuit involving a fatal car crash in which the at-fault driver was speeding. However, immediately before the crash, the deceased victim turned illegally at a stoplight. A jury could decide that the victim was therefore 25% at fault for their own fatal accident. If the amount of compensation would have been $100,000, it would be reduced by 25% ($25,000), netting $75,000 to the plaintiffs.

Under a recently revised Florida statute, if it is determined that the deceased victim was more than 50% responsible for their death, the survivors cannot recover any damages. Both this new law and comparative negligence in general encourage at-fault parties to find any way they can to blame the victim. An experienced wrongful death attorney can help you fight back.

Sovereign Immunity

The concept of sovereign immunity means that states, including their agencies and subdivisions, are generally immune from civil lawsuits (including tort actions, which are filed in personal injury and wrongful death cases) unless and to the extent they waive that immunity. Florida’s sovereign immunity statute limits the right of survivors to sue the government for wrongful death, unless one of these exceptions applies:

• A government employee was negligent while performing their official job duties and thereby caused the victim’s death
• A hazardous condition on public property (e.g., an unsafe government building) caused a fatal accident
• A service that is operated by the government, like a bus transit system, led to a deadly accident

What to Do After a Fatal Sports Injury

If your child suffered a fatal sports injury, the steps you take next will make a difference as to whether your family wins the compensation you deserve. Our firm recommends that you do the following:

• Save all documents and records: These include video recordings of the event, pictures, waivers, medical reports, and any other document or item related to the fatal accident. Even if you think something is irrelevant to the accident itself, such as a school flyer about the sporting event, keep it.
• Take additional pictures and record videos: We recognize that this can be a traumatic experience. Taking pictures and recording videos of emergency personnel attempting to save your child will undoubtedly and understandably be difficult. But it could help you secure justice.
• Talk to witnesses: There will likely be witnesses to the fatal accident, and it’s important that you get their names and contact information. You should do this for as many witnesses as possible, since it may be difficult to later get in touch with some of them. Find out what they saw and give this information to your attorney.
• Retain an experienced Tampa sports injury lawyer: Before speaking with any insurance companies or lawyers, or officials representing the at-fault parties, talk to us. These parties are self-interested and are likely speaking with you in an attempt to limit their liability. Come to us first and let us advise you on how to proceed.

How Can An Attorney Help My Family?

When you hire us, we bring the following to bear in your case:

• Extensive experience handling sports-related wrongful death lawsuits
• A thorough investigation of the facts of the case, as we identify how the death happened and who caused it
• Taking the steps necessary to acquire strong evidence and build a compelling case
• Skilled negotiations with the insurance companies and lawyers representing the at-fault parties
• Representation during mediation as we attempt to reach a fair out-of-court settlement
• Access to a reliable network of expert witnesses who can testify as to complex technical matters in support of your case
• Appreciation of the value of your damages and how to substantiate the compensation you demand
• Understanding of the relevant litigation rules, such as civil procedure, evidence, and discovery
• Knowledge of the issues and defenses raised in these lawsuits, and how to properly respond to them
• A compassionate advocate who will walk with you and your family every step of the way

Wrongful Death Lawyer Near Me

Jeff Murphy Law is located in the Bank of America Plaza, 101 E Kennedy Blvd, 39th Floor, just two blocks from Tampa City Hall. The parking garage is accessible from North Tampa Street, and there are several HART bus stops nearby. 

At Jeff Murphy Law, we understand the grief and challenges you are experiencing during this difficult time. That’s why we offer a free consultation so you can better understand your legal rights and options moving forward. Get in touch with our sports-related wrongful death lawyer to get started on your case today.

Sports-Related Wrongful Death: FAQs

How Much Does It Cost to Hire Jeff Murphy Law for a Sports Wrongful Death Case?

Not only do we offer a free case evaluation, but you pay no fees unless we win. Our fee is paid as a percentage of the verdict or settlement you receive, which means no upfront costs for you.

Do Families Outside Florida Need a Florida Lawyer if the Death Happened Here?

Yes, because you will need an attorney who is not only licensed to practice in Florida but who is experienced with the state’s wrongful death statutes, civil procedure rules, and more. We also bring local knowledge to the table, for instance, understanding the attitudes of judges and mediators who will prove important in your case.

Can Multiple Parties Be Held Liable in a Sports-Related Death?

Yes, and often this is the case. There could be multiple parties responsible for organizing or managing the sporting event, including negligent individuals and entities who failed to take proper safety precautions to protect the athlete. We will thoroughly investigate your case and identify all parties who could potentially be held responsible.

How Long Does a Wrongful Death Lawsuit from Sports Usually Take?

Wrongful death lawsuits tend to be resolved in approximately 6-12 months. But the actual timeline will depend on a number of factors such as the complexity of the facts, the number of liable parties, and the attitudes of the parties and their lawyers, and their insurers. We work to expedite cases as quickly as we can, but not at the expense of a fair settlement or judgment.

Are These Cases Always Settled, or Do They Go to Trial?

The overwhelming majority of wrongful death cases settle out of court, without the need for a trial. This means that it is possible to keep court involvement to a minimum. We represent clients in all negotiations and mediations with insurance companies as we seek a fair settlement. However, if the at-fault parties refuse to negotiate in good faith, we aren’t afraid to take your case to trial.

Client Review

“I have known Jeff for many years. He as helped me with several legal issues and done an amazing job for me. He is easy to talk to and always gives me honest answers. I would not hesitate to recommend him to anyone for their legal needs.”
Connie M.