What Expenses Can I Recover from a Wrongful Death Lawsuit?

We can help you pursue compensation for the following losses: Funeral and burial expenses Medical bills Pain and suffering prior to death Loss of companionship, guidance, and protection Loss of financial support and services Survivors’ mental and emotional pain

What is a Wrongful Death Action?

According to Florida wrongful death statutes, it is an action that is brought against another party on behalf of the beneficiaries of the deceased person. Wrongful death actions can be brought against individuals, corporations, or firms. Florida law mandates that in the event of an accident caused by negligence, misconduct, or other carelessness results in a person’s death, their heirs can pursue recovery of expenses and lost income of which they were deprived.

What are Common Causes of Wrongful Death?

The most common causes of wrongful death are: Deaths caused by acts of violence. Failure to properly label dangerous substances or machinery. Defective products and services. Negligence or improper safety protocols that contribute to dangerous work environments. Medical errors in hospitals, nursing homes, and clinics. These can include the use of improper medications, surgical errors, or defective medical devices. Motor vehicle accidents as a result of drunk driving, negligence, or automotive manufacturer defects. However, there are other situations where it can be determined that your loved one’s death was the direct result of carelessness. If your case doesn’t fall into these categories, it is still a good idea to check with an attorney to determine if it warrants a wrongful death action.

What Can Prompt a Wrongful Death Action Against Medical Providers?

The most common reasons that doctors and hospitals see wrongful death actions brought against them are for medical errors and malpractice, such as: Misdiagnosing the patient and providing the wrong course of treatment. Prescribing the wrong type or dose of a medication. A surgeon leaves an object such as a sponge or tool inside the patient’s body, leading to a deadly infection. An anesthesiologist neglects their responsibility to properly monitor anesthesia leading to the patient’s death from an overdose. Unsanitary conditions resulting in an untreatable infection. Neglect and abuse in elder care facilities. In order to determine whether the death of a loved one was caused by malpractice, your attorney will call upon other medical experts in the same field to see if measures could have been taken to prevent the patient’s death.

How Long Does it Take to Resolve a Wrongful Death Action?

This is a difficult question because the length of time it takes to resolve a case depends on many factors. It may take as little as a few months, or it can draw on for years. The factors that affect the duration of your case can include: The amount and type of insurance your loved one carried. When questions remain about who is to be liable for the death. Placing too high a value on the expenses or lost income resulting from the death. Insurance companies are trying to place too low a value on the payout of the policy. Various other factors and legal tactics from the defendant’s counsel.

What is a Survival Action in Florida?

According to Florida survival action statutes, a survival action may be brought against a defendant to recover lost support and services and includes interest accumulated from the date of death. The amount recovered in a survival action could be calculated based on several factors: The relationship of the claimant to the decedent (i.e. child, spouse, another family member). The amount of the decedent’s probable net income. The replacement value of the decedent’s services. The average life expectancy of the decedent. Pain, suffering, and mental anguish of the survivors. Minor’s loss of guidance, support, and companionship of a parent. Expenses such as funeral and medical care costs. There are other factors that the court will consider in determining the total amount of the award to a survival action. It can be a separate action from a wrongful death action, but bringing a survival action should be considered with care as it may have implications on the wrongful death action award.

What is the Statute of Limitations for Wrongful Death in Florida?

The Florida statute of limitations for wrongful death actions is four years from the date of death.

Can I File a Wrongful Death Action for an Unborn Fetus?

In Florida, the case of Tanner v. Hartog determined that an unborn fetus is not considered a person. Therefore, the family of the deceased fetus cannot bring a wrongful death action. However, if the injury also resulted in the mother’s death, the family may have the right to bring a wrongful death action on her behalf. If she did not die due to the injury caused to her fetus, she might still have legal recourse in the form of a personal injury action.

Is a Wrongful Death Action the Same as Criminal Prosecution?

No. A wrongful death action is a civil matter that can be brought whether or not the defendant is subject to criminal prosecution.

Can I Bring a Wrongful Death Action if the Decedent was Unemployed or Never Had a Job?

Yes. In cases where the decedent never contributed monetarily to the family, the court may place a monetary value on their services as a caregiver or domestic homemaker. This may occur in cases where a spouse stays at home to care for the family, and the legal term is “pecuniary losses.”

How Will I Receive My Wrongful Death Settlement Payments?

In most cases, wrongful death settlements in Florida are paid out in a single lump sum. Your attorney will deduct their fees and costs from this lump sum, and the remainder will go to the plaintiffs of the case. In the event the parties agree on a structured settlement, a lump sum is invested or placed into an interest-bearing account. The plaintiffs then receive payouts on a monthly or annual basis. This is usually more common in wrongful death settlements that involve minors as the plaintiffs.

Is an Autopsy Required in a Wrongful Death Action in Florida?

Typically, the court will only order an autopsy for cases where the cause of death is not evident and apparent. For example, if the death results from a shooting, the court would likely not request an autopsy. But, in a death that was possibly the result of a medical error such as the wrong prescription medication given, the court will almost always request an autopsy, even if the medical records clearly state the incorrect treatment was administered.

Tampa Wrongful Death Lawyer

Mourners in black suits carrying a coffin with white flowers, representing a solemn scene of a wrongful death funeral procession.

Losing a loved one due to someone else’s negligence or misconduct is an unimaginable tragedy. While no amount of compensation can bring back a loved one, pursuing a Tampa wrongful death lawyer can help ease the financial burden and provide a sense of justice.

At Darrigo & Diaz Attorneys at Law, we understand the profound impact of wrongful death on families, and we are here to support you through this challenging time with compassion, dedication, and legal expertise.

What Does a Tampa Wrongful Death Attorney Do?

A Tampa wrongful death attorney provides legal representation and support to families who have lost a loved one due to another party’s negligence or intentional actions. Their primary role is to guide surviving family members through the legal process while advocating for fair compensation.

Key responsibilities of a Tampa wrongful death lawyer include:

Case Evaluation and Legal Advice

Assess the circumstances of your loved one’s death to determine the viability of a wrongful death claim.
Offer clear guidance on your legal rights and the best course of action moving forward.

Filing Legal Documents and Managing Deadlines

Prepare and file the necessary legal paperwork within Florida’s statute of limitations.
Handle procedural requirements to ensure the case moves forward without unnecessary delays.

Negotiating With Insurance Companies

Deal with insurance adjusters who may try to minimize payouts or deny claims for wrongful death.
Leverage legal knowledge and negotiation skills to pursue a fair settlement that covers the family’s financial and emotional losses.

Litigation and Trial Representation

If a settlement cannot be reached, present the case in court with a well-prepared argument and strong supporting evidence.
Advocate on behalf of the family to demonstrate the full extent of damages and demand appropriate compensation.

Providing Emotional Support and Guidance

Offer compassionate and understanding support during an emotionally challenging time.
Keep wrongful death clients informed throughout the process, answering questions and addressing concerns.

Understanding Wrongful Death in Florida

Wrongful death occurs when a person’s life is taken due to the negligence, recklessness, or intentional actions of another party. Under Florida law, surviving family members have the right to seek compensation for the financial and emotional losses associated with their loved one’s death.

These claims are filed on behalf of the decedent’s estate by a representative, usually a close relative or appointed executor.

Wrongful death claims differ from other types of death cases primarily because they involve legal claims that arise when someone’s death is caused by the negligence, recklessness, or intentional actions of another party. Here are a few key distinctions:

Legal Basis: For wrongful death, the primary focus is on proving that the death resulted directly from another party’s wrongful act or negligence. In contrast, other types of death cases (like natural death or deaths due to illness) do not involve fault or liability.
Civil vs. Criminal Cases: Tampa wrongful death cases are civil lawsuits seeking financial compensation for the family or estate, while criminal homicide cases (like murder or manslaughter) aim to punish the offender through imprisonment or other criminal penalties. A single incident can result in both types of cases being filed separately.
Compensation: The primary goal of a wrongful death lawsuit is to recover financial damages for the surviving family members, including economic losses (like lost income and medical expenses) and non-economic damages (like pain and suffering). Criminal cases, on the other hand, do not provide financial compensation to the family but rather focus on penalizing the offender.
Burden of Proof: For wrongful death, the burden of proof is on a “preponderance of the evidence” (more likely than not), which is a lower standard compared to criminal cases, where guilt must be proven “beyond a reasonable doubt.”
Who Can File: In wrongful death claims, typically, the personal representative of the deceased’s estate files the lawsuit on behalf of surviving family members. In criminal cases, it is the state or government that prosecutes the alleged offender.
Types of Damages: Wrongful death claims can include compensation for medical expenses, funeral costs, lost wages, loss of companionship, and punitive damages. In contrast, criminal cases may result in fines and imprisonment but do not directly compensate the victim’s family.

Common causes of wrongful death claims in Tampa, Florida, include:

Car, Truck, and Motorcycle Accidents

Vehicle accidents are one of the leading causes of wrongful death in Florida. These accidents can result from a variety of negligent actions, including:

Distracted Driving: Texting, phone use, or other distractions that take the driver’s attention off the road, significantly increasing the risk of collisions and fatal accidents.
Driving Under the Influence (DUI): Operating a vehicle while impaired by alcohol or drugs, leading to fatal collisions that could have been prevented with responsible decision-making.
Reckless or Aggressive Driving: Speeding, tailgating, and weaving through traffic can result in deadly accidents, often leaving little time for other drivers to react.
Commercial Truck Negligence: Overworked or fatigued truck drivers, poorly maintained vehicles, and overloaded cargo can cause catastrophic crashes, especially on highways where large trucks pose an increased danger to smaller vehicles.
Motorcycle Collisions: Drivers failing to notice motorcycles, especially when changing lanes or making turns, often results in severe or fatal injuries due to the lack of protection for motorcyclists.

Families affected by such tragic incidents that lead to wrongful death may pursue compensation for medical expenses, funeral costs, lost wages, and pain and suffering.

Medical Malpractice and Healthcare Negligence

Medical malpractice occurs when healthcare providers fail to meet the accepted standard of care, leading to a patient’s death. Common instances in Florida include:

Misdiagnosis or Delayed Diagnosis: Failing to identify a life-threatening condition in a timely manner, which can result in the progression of untreated illnesses and reduce the chances of survival.
Surgical Errors: Mistakes during surgery, such as operating on the wrong body part or leaving instruments inside the patient, often causing severe complications or infections.
Medication Errors: Prescribing the wrong medication or dosage, leading to fatal complications, especially when contraindications or allergies are overlooked.
Birth Injuries: Negligence during labor and delivery that results in the death of a newborn or mother, often due to improper fetal monitoring or failure to perform a timely C-section.
Anesthesia Mistakes: Improper administration or monitoring of anesthesia, leading to fatal outcomes like respiratory failure or cardiac arrest during surgery.

In Florida, medical malpractice wrongful death claims require the plaintiff to prove that the healthcare provider’s negligence directly caused the death.

Workplace Accidents and Unsafe Conditions

Employers have a duty to maintain a safe working environment. Wrongful death claims can arise from:

Construction Site Accidents: Falls from heights, electrocutions, or being struck by heavy machinery, often occurring due to insufficient safety measures or lack of proper protective gear.
Industrial Accidents: Exposure to hazardous chemicals or faulty equipment leading to fatal injuries, frequently caused by improper storage, inadequate ventilation, or equipment malfunctions.
Lack of Safety Training: Employers failing to properly train workers on safety protocols and equipment usage, leaving employees vulnerable to preventable accidents and injuries.
Workplace Violence: Fatal incidents due to inadequate security measures, often arising from a lack of surveillance, insufficient background checks, or failure to address known threats.
Negligent Maintenance: Failing to maintain equipment, resulting in accidents and fatalities, typically caused by overlooked inspections or delayed repairs that compromise safety.

Depending on the circumstances, families may file claims against employers, equipment manufacturers, or third-party contractors responsible for unsafe conditions.

Defective Products and Dangerous Consumer Goods

Manufacturers and distributors are responsible for ensuring the safety of their products. Wrongful death claims related to defective products may involve:

Auto Defects: Faulty brakes, airbags, or tires that lead to fatal car accidents, often resulting from manufacturing errors, design flaws, or inadequate safety testing.
Household Appliances: Malfunctioning or dangerous products causing fires or electrocution, frequently due to electrical faults, overheating, or defective wiring.
Pharmaceutical Defects: Medications that have undisclosed or dangerous side effects, which may result from inadequate clinical trials or failure to warn consumers about potential risks.
Children’s Products: Toys or cribs that pose choking or strangulation hazards, often stemming from poor design choices or the use of non-compliant materials.
Safety Equipment Failures: Defective helmets or protective gear that fail to prevent injuries, compromising the safety of users in high-risk environments or activities.

To succeed in these cases, plaintiffs must demonstrate that the product was unreasonably dangerous and that the defect directly caused the death.

Premises Liability Incidents

Property owners have a legal obligation to maintain safe premises and address hazards that could harm visitors. Wrongful death claims may arise from:

Slip and Fall Accidents: Wet floors, uneven surfaces, or broken stairs that lead to fatal injuries, often resulting from negligent maintenance or failure to provide adequate warnings.
Inadequate Security: Failing to implement security measures in high-crime areas, resulting in fatal assaults, which may include a lack of surveillance cameras, lighting, or trained personnel.
Swimming Pool Accidents: Lack of safety barriers or supervision, leading to drownings, commonly due to unsecured pool areas or absence of lifeguards in public or private facilities.
Structural Failures: Collapsing buildings, balconies, or decks causing fatal injuries, often arising from poor construction practices, outdated materials, or lack of routine inspections.
Exposure to Toxic Substances: Mold, asbestos, or other hazardous materials that lead to long-term fatal illnesses, frequently due to negligent maintenance, improper handling, or failure to disclose known risks.

Victims’ families may pursue compensation from property owners, landlords, or maintenance companies in Tampa and throughout Hillsborough County for negligence in maintaining safe conditions.

Group of individuals dressed in black placing white roses on a casket, reflecting the emotional impact of a wrongful death memorial service.

Understanding Negligence in Tampa Wrongful Death Lawsuits

Negligence is a fundamental concept when discussing wrongful death. In legal terms, negligence occurs when a person or entity fails to act with the level of care that a reasonably prudent person would have exercised under similar circumstances. When this failure directly leads to someone’s death, surviving family members may have the right to pursue a wrongful death claim.

To prove negligence for wrongful death, the plaintiff (usually the deceased person’s representative) must establish the following four elements:

Duty of Care

The defendant must have owed a legal duty of care to the deceased. This duty varies depending on the relationship between the parties and the circumstances of the incident.

For example:

A driver has a duty to operate their vehicle safely and follow traffic laws.
A property owner has a duty to maintain safe premises for visitors.
A medical professional has a duty to provide competent care to patients.

Breach of Duty

The plaintiff must show that the defendant breached this duty of care by acting negligently or failing to act when a reasonable person would have.

Examples of a breach include:

Speeding or reckless driving.
Failing to maintain safe conditions on a property.
Medical errors, such as misdiagnosis or surgical mistakes.

Causation

It is not enough to prove that the defendant was negligent; it must be shown that this negligence directly caused the death. Florida law requires establishing both actual cause (cause in fact), meaning that the death would not have occurred “but for” the defendant’s actions, and proximate cause, or that the harm was a foreseeable result of the defendant’s conduct.

A clear example of causation is when a driver runs a red light and fatally strikes a pedestrian. In such an event, the negligence (running the red light) directly caused the death, and the harm was foreseeable.

Damages

The final element in wrongful death cases requires demonstrating that the death resulted in compensable damages to the surviving family members. These damages can include medical expenses incurred prior to death, funeral costs, loss of financial support, and emotional suffering.

Proving Negligence for Wrongful Death

To prove negligence, Tampa wrongful death attorneys typically gather a variety of evidence, such as:

Police Reports: Traffic crash reports may include accident details and witness statements.
Medical Records: Showing the cause of death and any related medical treatment.
Eyewitness Testimonies: Statements from those who saw the incident happen.
Expert Witnesses: Such as accident reconstruction specialists or medical experts.
Surveillance Footage or Photographic Evidence: To establish how the incident occurred.

Proving negligence requires thorough investigation and precise legal arguments to establish each of these elements convincingly. That’s why having a skilled attorney on your side is crucial.

Our team at Darrigo & Diaz has extensive experience building strong cases that clearly demonstrate negligence, helping grieving families secure justice and compensation for their loss.

Legal Process for a Tampa Wrongful Death Settlement

Initial Consultation: Our process in Tampa begins with a free, no-obligation consultation. During this meeting, we will listen to your story, evaluate the facts, and determine the best course of action.
Investigation: We conduct a thorough investigation to gather crucial evidence, including accident reports, medical records, witness statements, and expert testimonies. This step is essential to building a strong case that demonstrates liability and the extent of your losses.
Filing the Lawsuit: Once we have gathered sufficient evidence, we will file a wrongful death lawsuit on your behalf. This involves preparing legal documents, submitting them to the court, and notifying the responsible parties.
Negotiation and Settlement: In many cases, insurance companies will attempt to offer a quick, low wrongful death settlement. Our Tampa wrongful death lawyers are skilled negotiators who will fight for a fair resolution.
Trial Representation: Should the wrongful death case proceed to Florida’s court system, our seasoned litigators will present a compelling argument, backed by evidence and expert testimony, to demonstrate the full impact of your loss. We are prepared to fight tirelessly on your behalf.

Compensation for Wrongful Death in Tampa, Florida

In wrongful death claims, compensation aims to provide financial relief and justice to the surviving family members. These compensations typically cover both economic and non-economic damages and, in some cases, punitive damages.

Economic Damages

Economic damages are quantifiable financial losses incurred as a result of the decedent’s death. They include:

Medical Expenses: Costs associated with the decedent’s final injury or illness, including hospital bills, medical treatments, and palliative care.
Funeral and Burial Costs: Paid services associated with the death, including funeral expenses, burial, or cremation.
Loss of Future Earnings and Financial Support: Compensation for the income the decedent would have earned had they survived, which may include projected salary increases and bonuses.
Loss of Benefits and Inheritance: The value of lost retirement benefits, pensions, and potential inheritance that would have been provided to the surviving family members.

Non-Economic Damages

Non-economic damages address the intangible losses experienced by the surviving family members. These damages can be more challenging to quantify but are equally significant. They include:

Pain and Suffering: Compensation for the emotional anguish and grief endured by family members due to the loss of their loved one.
Loss of Companionship, Guidance, and Protection: Monetary acknowledgment of the absence of love, care, and guidance the decedent provided to their family.
Emotional Distress and Trauma: Compensation for the psychological impact and mental suffering experienced by survivors.

Punitive Damages

In cases where the defendant’s actions were exceptionally reckless, malicious, or intentional, the court may award punitive damages. These are not meant to compensate the family directly but to punish the wrongdoer and serve as a deterrent against similar conduct in the future.

Statute of Limitations in Florida

Florida law imposes a strict statute of limitations on wrongful death claims, typically allowing only two years from the date of death to file a lawsuit. This means that surviving family members or the personal representative of the decedent’s estate must take legal action within this period to preserve their right to seek compensation.

Failing to act within this timeframe can result in losing your right to seek compensation for wrongful death, regardless of the strength or validity of your case. Courts generally dismiss wrongful death claims that are filed after the statute of limitations has expired, leaving families without legal recourse to recover damages.

There are, however, some exceptions that may extend or toll the statute of limitations. For instance:

Discovery Rule: In cases where the cause of death was not immediately apparent, the two-year clock may start when the cause of death is discovered or should have been reasonably discovered.
Fraud or Concealment: If the defendant deliberately concealed evidence or facts related to the wrongful death, the statute may be paused until the information is uncovered.
Cases Involving Government Entities: When filing a claim against a government agency or public entity, additional procedural requirements and shorter filing deadlines may apply.

Distressed man consulting with a lawyer next to legal documents, scales of justice, and a gavel, symbolizing a wrongful death claim process.

Contact Darrigo & Diaz When You Need a Tampa Wrongful Death Law Firm

If you have lost a loved one due to someone else’s negligence, the team at Darrigo & Diaz Attorneys at Law is here to support you. We offer compassionate, experienced representation and will fight tirelessly to secure the justice and compensation your family deserves.

Contact us today at (813) 774-3341 for a free, no-obligation consultation. Let us help you navigate the legal process while you focus on healing and honoring your loved one’s memory.

Tampa, Florida Wrongful Death FAQ

How much is a wrongful death lawsuit worth in Tampa, Florida?

The value of a wrongful death lawsuit in Tampa depends on factors like the circumstances of the death, the financial and emotional impact on the family, and the liable party’s actions. While some cases settle for thousands of dollars, others involving significant negligence or loss can reach hundreds of thousands or even millions.

Can you sue for wrongful death in Florida?

Yes, you can sue for wrongful death in Florida if a loved one’s death was caused by someone else’s negligence, recklessness, or intentional act. Under Florida’s Wrongful Death Act, certain family members—such as a spouse, children, or parents—can file a claim.

How do you win a wrongful death lawsuit in Tampa, FL?

To win a wrongful death lawsuit in Tampa, you must prove that the defendant’s negligence or wrongful actions directly caused your loved one’s death and resulted in damages to the surviving family. This requires gathering evidence like medical records, witness statements, and expert testimony.

Why hire a wrongful death lawyer near me?

Hiring a Tampa wrongful death lawyer ensures you have an advocate who understands Florida law and can navigate the complex legal system on your behalf. A skilled wrongful death attorney from Darrigo & Diaz can handle negotiations with insurance companies, maximize your compensation, and provide compassionate support during a difficult time.

What compensation can surviving family members receive in a wrongful death lawsuit in Tampa, FL?

Surviving family members in Tampa may receive compensation for both economic and non-economic losses. This includes medical and funeral expenses, lost wages or financial support the deceased provided, and damages for emotional pain, suffering, and loss of companionship.

What is the time limit for filing a wrongful death lawsuit in Florida?

In Florida, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. However, certain exceptions may apply, such as cases involving minors or hidden negligence.

What types of damages can be recovered in a wrongful death claim in Tampa?

In a Tampa wrongful death claim, damages fall into two main categories: economic and non-economic. Economic damages for wrongful death cover tangible losses like medical bills, funeral costs, and lost income or benefits, while non-economic damages compensate for intangible losses, such as emotional distress, loss of guidance, and the pain of losing a loved one.