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Wrongful Death Claim Lawyers in Florida

Losing a loved one is traumatic for everyone in the family, particularly when their death is unexpected. When you are going about your everyday life, getting your children off to school, saying goodbye to your spouse, and heading out the door for work yourself, the last thing you expect is to not see everyone at dinner that evening. Just before leaving work for the day, you call your spouse and ask them to bring home a loaf of bread and a gallon of milk.

Upon arriving home, you help your children with their homework, toss a load of laundry in the washing machine, and begin preparing dinner. When your phone rings, the last thing you are prepared for is your life to be irrevocably changed. The call is from the hospital informing you your spouse has been involved in a car accident and asking you to come immediately. You contact a neighbor to watch your children and head to the emergency room.

What you learned is your spouse was on their way home when the car they were driving was struck by a drunk driver who was speeding. Doctors tell you they are uncertain about recovery because they have been unable to determine the full extent of injuries. Three days later, after two surgical procedures to stop internal bleeding, and incredible amounts of pain, your spouse loses their life.

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A Wrongful Death Lawsuit is Possible

Devastation, pain, and fear are common emotions after losing a loved one. When you lose a loved one because someone was negligent however, chances are you are also feeling very angry. Your first concern however is for your family. You are now facing a future filled with uncertainty. Not only will you have to bring your children up without one parent, but your financial future is tenuous with the loss of income from your spouse.

A wrongful death lawsuit can help you maintain financial stability in your family. An experienced wrongful death lawyer in Tampa may help you recover compensation for:

  • Medical bills for your spouse’s end-of-life care
  • Funeral and burial expenses
  • Loss of future earnings
  • Your spouse’s pain and suffering prior to death
If you are considering hiring a personal injury lawyer, Tampa offers many options. However, you want to make sure you have someone who is experienced handling car accident claims.
Get help with a Tampa Wrongful Death Claim Lawyer.
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Elements of a Wrongful Death Claim

There are specific issues a Tampa wrongful death attorney must address when filing a lawsuit. These include:

  • A person lost their life
  • The loss of life was caused by a negligent act, or an act intended to cause harm
  • Surviving family members are suffering financially as a result of the death
  • A personal representative has been appointed either by the court or is representing the estate of the decedent per an estate plan
When You Hire us For Your Wrongful Death Claim, You Reap the Benefit of 20+ Years of Experience
We are ready to help you with your wrongful death claim. Our wrongful death lawyers are compassionate, experienced, and conscientious. Let us help you get the compensation you are entitled to.

Wrongful Death Rules in Florida

Florida passed a Wrongful Death Act in order to ensure survivors of victims would not have to suffer the financial burdens of the loss of a loved one when someone else was at fault. There are certain rules which must be followed in wrongful death cases including:

Wrongful death and first degree murder are two different things. Learn more about first degree murder by reading our guide.

Read More on First Degree Murder
  • The decedent was owed a duty of care
  • The responsible party acted in a negligent manner
  • The responsible party’s negligence directly resulted in a death
When you hire a wrongful death attorney, you can ask them questions about how they handle these types of claims. A wrongful death lawyer can also explain duty of care and negligence as they are explained in Florida laws.

A Survivor’s Right to Action in Wrongful Death Claims

Florida’s statutes are clear about who may file a wrongful death claim. By law, a wrongful death lawsuit must be filed by the representative of the estate of the deceased. However, the benefits of such a lawsuit are the survivors of the decedent.

  • When the victim had a will, the lawsuit is filed by the named executor of the estate
  • When the victim had no will or named executor, the Probate Court will name a representative
  • All persons who have an interest in a possible settlement must be included as beneficiaries of the lawsuit
When you are working with a Tampa personal injury lawyer, Tampa probate court is in Hillsboro County. You must file a wrongful death lawsuit within two years of the date of the accident resulting in death, assuming you are aware the death was associated with the accident
pro tip

Pro Tip

Consult your personal injury attorney immediately if you suspect that your loved one is involved in a wrongful death incident, so you’ll be guided on what next steps to take.

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FAQs – Wrongful Death Claims

Who can sue for wrongful death in Florida?
While the representative of the estate is responsible for filing the lawsuit, the suit is representing the survivors of the decedent. Survivors may include spouses, parents, children, stepchildren, or anyone who was dependent on the decedent for support in full or in part. Division of any wrongful death claim settlement is governed by Florida statutes which your wrongful death attorney can explain to you.
Is wrongful death a crime in Florida?

Wrongful death lawsuits do not require the responsible party be charged with a crime before a lawsuit is filed. Since wrongful death lawsuits are civil lawsuits, there is no need to prove a crime occurred. However, if someone caused death while drinking and driving, a prosecutor will likely pursue criminal charges. Keep in mind, even if the person is adjudicated not guilty of a crime, does not mean your wrongful death case cannot proceed.


CF Carpenters

Very competent attorney. Very serious case. I was guilty but wasn’t taking the states incarceration deal so did an open plea today. If I was innocent I’d like to have used him in trial. Scales of justice were balanced.


Thomas Grajek did an awesome job communicating with me and my my family. He handled this case profesionally, is well liked in the court room. If your seeking legal help i highly recommend him.

Brian S.

Sharp trial attorney, I dealt with him over 9 month and was very impressed with him in action which was completely different than his office visits and his determination to win and not just let things happen, the amount of preperation, his ability to think on his feet and change gears, his questioning skills and the legal mind to get the results he is after. Id recommend him to family and friends any day.


Mr. Grajek got my case dismissed so fast, I did not even have to go to court. I was referred to him by a friend of mine that said he was the best lawyer they have ever dealt with. He explained the strategy he was going to use for my defense by using terms that made the court process easy for me to understand. He started working on my case immediately and my charges were dismissed in less then 2 weeks. He is very nice and professional, but also aggressive and smart, which was just what I needed.

J.C. Lakeland

I contacted Tom because I had a domestic violence charge. Tom was there to answer all my questions and put my mind at ease when I was concerned. Tom was able to get my charges dropped. I would recommend Tom to anyone looking for help. He was there no matter what time of day it was. I wish I could give him more stars than 5