EJ | LAW, PLLC · Downtown Tampa
Tampa Wrongful Death Lawyer
If you are reading this page, something has happened that no family plans for. Please take whatever time you need. Nothing here needs to be decided today.
This page explains, in plain and careful language, how a wrongful death action generally works under Florida law: what the claim is, who brings it, who the statute lists as potential beneficiaries, what evidence tends to matter, which damages the statute describes, and how the process usually unfolds. It is general information only. It is not legal advice about your family's situation, not medical advice, and not a conclusion that a wrongful death claim exists in any particular case.
Eduardo "Eddie" Jimenez is a Spanish-speaking attorney licensed in Florida since 2003 (Florida Bar #674907) whose stated practice area is personal injury, with an office in downtown Tampa. Consultations are free and available in English or Spanish, and there is no obligation to move forward after one.
What a wrongful death action is under Florida law
Florida's Wrongful Death Act allows a civil action when a person's death is caused by the wrongful act, negligence, default or breach of contract or warranty of another. It is a civil matter, separate from any criminal case, traffic citation or investigation that may also be underway, and it follows its own timeline and its own standards.
Whether the facts of a particular death support such an action depends on evidence, on the law that applies and on findings that only a full review can address. Nothing on this page concludes that a claim exists, that anyone was at fault, or that any outcome is available. Families deserve straight answers rather than assurances, and a careful review is how those answers begin.
Who may bring the action, and who the statute lists as survivors
Under Florida law the action is brought by the personal representative of the decedent's estate, not by each relative filing separately. The personal representative is appointed through a probate proceeding and is responsible for pursuing the action on behalf of the estate and the survivors the statute recognizes.
Florida Statute 768.21 describes the categories of survivors whose losses may be considered, which can include a surviving spouse, children, parents and, in some circumstances, other blood relatives or adoptive siblings who were dependent on the decedent for support or services. How the statute applies to a specific family is fact-dependent, and the rules differ depending on relationships, ages and dependency.
Because relatives can have different, and sometimes conflicting, interests, each person should understand that this page is general information and not advice about their own position. Individual guidance about your own rights and role is important, and it is appropriate to seek it before signing anything.
Evidence and records that tend to matter
Much of what a review depends on is documentary, and some of it becomes harder to obtain as time passes. If gathering these items is too much right now, it is reasonable to ask someone else to help, or to ask about it during a consultation instead.
- Any incident, crash or investigative report, along with the responding agency and report number.
- Medical records, hospital records and any autopsy or medical examiner report, when one exists.
- The certified death certificate and, when applicable, documents from the probate matter.
- Photographs or video of the location, vehicles, equipment or conditions involved.
- Names and contact information for witnesses, first responders and treating providers.
- Insurance policies and correspondence, including letters from any adjuster.
- Employment, income and benefit records that document the decedent's earnings and support of the family.
- Bills and receipts related to medical care and funeral or burial expenses.
- Written notes about the sequence of events, kept in your own words while details are fresh.
Damages the statute describes
Florida Statute 768.21 sets out the categories of damages that may be considered in a wrongful death action. What the statute permits and what any particular case may involve are different questions, and this page does not promise, estimate or predict any recovery.
- Loss of support and services from the date of injury to the date of death, and future loss of support and services, as the statute provides for eligible survivors.
- Loss of companionship and protection, and mental pain and suffering, for the categories of survivors the statute identifies.
- Medical and funeral expenses that a survivor or the estate has paid or become responsible for.
- Lost earnings of the decedent from the date of injury to the date of death, and, as the statute allows, loss of prospective net accumulations of the estate.
Deadlines: often two years, with exceptions
Florida Statute 95.11 sets time limits for filing civil actions. A wrongful death action is often subject to a two-year period, but exceptions and different rules exist depending on the facts — including claims involving a government entity, which require earlier written notice, and claims involving medical negligence or certain other circumstances, which follow their own procedures.
Because the applicable deadline depends on the specific facts and on the law in effect, no page can tell you the deadline for your family's situation. Asking early, even before any decision has been made, is the safest way to avoid losing an option to a date that has passed.
Practical steps families often take
- Keep every document that arrives, unopened mail included, in one folder or box.
- Ask questions before giving a recorded statement to any insurance company or signing a release or authorization.
- Understand that a probate proceeding is generally needed so a personal representative can be appointed.
- Let relatives know that each person may want individual guidance about their own role and rights.
- Preserve any vehicle, device, equipment or clothing involved rather than repairing or discarding it.
- Keep records of expenses the family has paid, including funeral and burial costs.
- Ask early about deadlines and about any notice requirements that may apply.
How the process generally unfolds
- 01
A free, unhurried consultation
You share what you know, in English or Spanish, at whatever pace works. We listen first, explain what a Florida wrongful death action involves, and answer questions. There is no cost and no obligation.
- 02
Review and appointment of a personal representative
We review the records available, identify what is missing, and explain how a personal representative is appointed through probate so the action can be brought on behalf of the estate and survivors.
- 03
Investigation and preservation
Reports, records and physical evidence are requested and preserved, and written notice is sent where appropriate so information is not lost while the family grieves.
- 04
Presentation, negotiation or filing
When the record is developed, the claim is presented to the responsible parties and insurers. If it cannot be resolved fairly, filing suit is discussed with the family before any step is taken.
Verified credentials
Everything stated here can be checked. Eduardo "Eddie" Jimenez was admitted to The Florida Bar on September 22, 2003, holds Florida Bar #674907, earned his law degree at Stetson University College of Law in 2003, lists personal injury as his practice area, and lists Spanish as a language. The office is at 400 N Ashley Dr, Suite 1900, Tampa, FL 33602.
Questions families ask
Free consultation — no obligation
If your family would like to understand the options, you can reach the office in English or Spanish. Share only what you feel comfortable sharing. We respond during business hours, confidentially and at no cost.
- Call
- 813-284-4844
- admin@getjusticetampa.com
- Office
- 400 N Ashley Dr, Suite 1900, Tampa, FL 33602
- Hours
- Monday–Friday 9:00 AM – 5:00 PM · After-hours by appointment