If you have lost a loved one because of someone else’s negligent actions, our Tampa wrongful death lawyers can help.
Your family deserves compensation for the medical bills, funeral expenses, and pain and suffering you’ve endured.
A wrongful death attorney at Swope Rodante will help you file a claim to recover compensation for your loss.
We will pursue the maximum damages to provide financial relief for your family and hold the person responsible accountable.
Why Choose a Wrongful Death Attorney at Swope Rodante
Swope Rodante is a wrongful death law firm in Tampa, Florida with over 40 years of experience helping families cope with the loss of a loved one.
The lawyers at Swope Rodante will handle your lawsuit, so you can focus on recovering and processing your grief.
Our compassionate injury lawyers treat every client like family. We will fight tirelessly for justice on behalf of your lost loved one.
Dealing with a loved one’s death is a traumatic experience no family should have to face.
Your family deserves compensation for the medical bills, funeral expenses, and pain and suffering you’ve endured.
Choose the best wrongful death lawyers in Tampa to represent you. Call 813-273-0017 to schedule your free consultation today.
Navigate This Page
- Why Choose a Wrongful Death Attorney at Swope Rodante
- What is Wrongful Death in Tampa, Florida?
- The Florida Statute of Limitations for Wrongful Death
- Are there Caps on Damages in Florida Wrongful Death Cases?
- Why Do I Need a Tampa Wrongful Death Lawyer?
- What if the Defendant is Criminally Charged?
- What Do I Need to Prove to Win a Wrongful Death Lawsuit?
- Do I Need to File a Survival Action in a Wrongful Death Case?
- Contact a Tampa Wrongful Death Lawyer Today
What is Wrongful Death in Tampa, Florida?
Florida law defines wrongful death as a death caused by another person’s negligence or intentional harmful actions.
The most common causes of wrongful death are:
- Car accidents caused by drunk, reckless, or distracted drivers.
- Medical malpractice and surgical errors.
- Intentional acts of violence and criminal activity.
- Fatal workplace accidents caused by OSHA/safety violations.
What Damages Can I Recover in a Wrongful Death Lawsuit?
Surviving family members may bring a wrongful death claim to recover compensation for medical bills, funeral expenses, lost wages, and emotional and mental distress. Surviving spouses may be given compensation for loss of companionship.
Economic damages in wrongful death cases include:
- Lost income and benefits that the deceased would have provided
- Medical bills related to the fatal injury
- Funeral expenses
- Loss of net accumulations, the amount of money they could have saved and left for their family if they had lived a full life
Non-economic damages are the intangible consequences of the death, such as:
- Loss of consortium: companionship, support, and other intangible benefits of the relationship with the deceased
- Pain and suffering endured by the deceased
- Grief and emotional trauma inflicted on the family
The court may also award punitive damages to punish the defendant in cases of egregious carelessness or deliberate harm.
Judges use punitive damages to hold the defendant accountable and deter similar behavior in the future.
Contact us for a free case evaluation from our wrongful death attorneys. We will estimate the compensation you could recover for your claim.
The Florida Statute of Limitations for Wrongful Death
Families have two years from the date of death to file a lawsuit for wrongful death in Florida.
The following exceptions can extend this two-year filing window:
- Minor children of the deceased have until they are age 20 to file a claim.
- The statute of limitations does not apply if the negligent party hid their wrongdoing using fraud or deception.
- Incapacitated beneficiaries have two years to file after their incapacitation ends.
Contact a wrongful death lawyer as soon as possible to avoid missing procedural deadlines. By starting the process early, your attorney will have time to preserve important evidence and interview witnesses.
Are there Caps on Damages in Florida Wrongful Death Cases?
Florida does not limit damages for economic and non-economic damages in wrongful death lawsuits.
The law limits punitive damages to three times the amount of compensatory damages, up to $500,000.
However, the court may award unlimited punitive damages if the defendant meant to cause the victim harm.
The law also allows more punitive damages if the defendant’s motivation was financial gain. For example, if an employer violates safety regulations to maximize profits, the court may award up to $2 million.
Why Do I Need a Tampa Wrongful Death Lawyer?
A Tampa wrongful death lawyer will handle every step of the civil process to maximize your compensation. Our legal team will:
- Investigate the circumstances surrounding the fatal incident to determine negligence and liability.
- Send a settlement demand letter to the defendant, along with evidence and damages calculations.
- Negotiate a wrongful death settlement agreement with the defense and their insurance company.
- If the defendant won’t settle for a fair amount, we will take your case to trial to win proper compensation.
If you have any questions about the wrongful death lawsuit process, contact us to discuss your case with an attorney.
What if the Defendant is Criminally Charged?
It’s a common misconception that there is no need to file a wrongful death claim if someone is criminally charged with murder or manslaughter. In reality, criminal homicide charges and wrongful death actions are entirely separate.
State prosecutors decide whether to file criminal charges. The goal of a criminal case is to punish the defendant with fines or imprisonment for illegal behavior.
In contrast, the surviving family decides whether to file a wrongful death lawsuit. The wrongful death claim goal of a civil action is to compensate the family for their financial losses and emotional damage.
The family can pursue a wrongful death claim regardless of criminal charges brought by the state. Even if the defendant is acquitted of criminal charges, they can still be found liable in civil court.
What Do I Need to Prove to Win a Wrongful Death Lawsuit?
To successfully prove a wrongful death lawsuit, you must meet three legal requirements:
- The defendant’s actions caused the death.
- The defendant’s actions were unreasonable, negligent, or deliberately harmful. For example, recklessly driving above the speed limit or an employer ignoring safety protocols.
- You are an eligible beneficiary of the deceased. This is true of any immediate family members and other relatives who were financially dependent.
Wrongful death can be challenging to prove if your case involves unclear liability or conflicting witness statements. A lawyer for wrongful death can help you overcome those challenges.
Do I Need to File a Survival Action in a Wrongful Death Case?
In Florida, you may need to file a survival action in addition to a wrongful death claim. A survival action recovers damages the deceased incurred before their death.
A wrongful death claim recovers damages incurred by the family. A survival action recovers damages incurred by the deceased themselves. Filing both claims ensures full compensation for all losses related to the incident.
Searching, Wrongful Death Attorney Tampa?
At Swope, Rodante, our attorneys do not back down against powerful businesses or insurance companies. We will passionately advocate for the full compensation you rightfully deserve.
If you are searching online for; wrongful death attorney Tampa and found our firm you should know we offer confidential consultations to discuss your situation and legal rights. Please do not hesitate to reach out to us anytime.
We will stay by your side at every step, providing the legal guidance and dedicated representation your family deserves.
Our law firm is based in Tampa, Florida and we represent clients all over the state of Florida
Contact us for experienced and compassionate legal advice. An attorney will discuss your case and provide advice for pursuing a wrongful death claim.
Client Review
Dale and Angela, along with the rest of their team did an awesome job with our case. They worked well with our other legal team that got us to this point, then they finished it to our complete satisfaction. We are grateful!
Michael Thornal, Google Review
Works Cited
Florida Statutes § 768.19 – Wrongful death statute; Right of action.
Perry v. Schlumbrecht (Fla. 2d D.C.A. 1999), 724 So. 2d 1239.
Ash v. Stella, 457 So. 2d 1377 (Fla. 1984); Stone v. Rosenthal, 665 So. 2d 276 (Fla. 4th D.C.A. 1995); and Crosby v. Jones, 705 So. 2d 1356 (Fla. 1998).
