Losing a loved one is never easy, and when someone else’s negligence or wrongdoing causes their death, the pain and grief can feel unbearable. As you navigate through this difficult time, holding the responsible party accountable may be the last thing on your mind, but it’s an important step toward finding justice and closure.
ATampa wrongful death lawyercan guide you through the legal process, ensuring your family’s rights are protected and that you seek the compensation needed to begin healing. Contact Boohoff Law today for compassionate, experienced legal support.
Your insurance company may not be telling you everything. Know what you’re entitled to with a free consultation. Rest assured that we will never charge any fees unless we win.
Why Choose Boohoff Law for Your Tampa, Florida Wrongful Death Claim
Choosing the right legal representation during one of the most difficult times of your life is crucial. At Boohoff Law, we understand that a wrongful death lawsuit isn’t just about financial compensation—it’s about seeking justice for your loved one and helping your family heal. Here’s why families across Tampa trust us to handle their most sensitive legal matters:
Compassionate, Personalized Support: We take the time to listen to your story, understand your needs, and provide compassionate guidance. Every case is unique, and we approach each one with care and dedication to ensure you feel supported every step of the way.
Experienced and Proven Track Record: With years of experience handling wrongful death claims in Florida, we have the knowledge and expertise to build a strong case on your behalf. Our history of successful outcomes in wrongful death cases demonstrates our commitment to achieving justice for our clients.
Focused on Your Family’s Future: We know that no amount of compensation can bring your loved one back, but we work diligently to secure financial stability for your family’s future. Our goal is to help you obtain the resources necessary to cover medical expenses, funeral costs, lost income, and the emotional toll of your loss.
No Upfront Fees: We believe that everyone deserves access to justice, regardless of their financial situation. That’s why Boohoff Law works on a contingency fee basis—you don’t pay us unless we recover compensation for you.
When you choose a Tampa wrongful death attorney from Boohoff Law, you’re choosing a team that will fight tirelessly for your family’s rights and the memory of your loved one. Contact us today for a free consultation to learn how we can help.
Wrongful Death Under Florida Law
In Florida, a wrongful death occurs when someone dies because of another’s negligence, wrongful act, or violation of a contract or warranty.
To have a Florida wrongful death case, the plaintiff must prove:
The loss of a human life
That the loss was due to another’s actions
That the action causing the death was negligent or intentional
Survivors were harmed by the loss of the deceased
That the survivors have suffered monetary damages as a result of the death
The complaint must identify all potential beneficiaries, including the estate, and their relationship to the decedent.
Who Can File Wrongful Death Lawsuits in Florida?
Only the personal representative of the decedent’s estate can file a wrongful death lawsuit in Florida. This is done on behalf of the estate’s beneficiaries and on behalf of the decedent’s survivors, who may or may not be the same people. Generally, the surviving family members are entitled to more damages than the deceased person’s estate beneficiaries.
Under Florida’s wrongful death statute, survivors include:
Decedent’s spouse
Decedent’s children; if under 25, they are entitled to greater damages.
Decedent’s parents
Decedent’s blood relatives who were at least partially dependent on the decedent for support, including adoptive brothers and sisters
What Damages Can You Recover in a Wrongful Death Lawsuit?
Generally, in a personal injury lawsuit involving wrongful death, you can recover for the kinds of damages that the decedent would have recovered in a personal injury action if they had survived.
Value of lost support and services from the date of the injury to the death with interest
Any medical or funeral expenses paid by that particular survivor
Value of Future loss of support and services reduced to present value, considering
Relationship to the deceased
Amount t of decedent’s net income available to that particular survivor
Replacement value of the decedent’s services
Joint life expectancies of the deceased and the survivor
Decedent’s Spouse can recover:
Loss of companionship
Loss of protection
Mental pain and suffering from the date of injury
Decedent’s Minor Children, and all children if no surviving spouse, can recover:
Loss of parental companionship, instruction, and guidance
Mental pain and suffering from the date of the injury
Decedent’s Parents can recover:
Mental pain and suffering from the date of injury if the decedent was a minor child
Mental pain and suffering from the date of injury for an adult child if there were no other survivors
Personal Representative of Decedent’s Estate can recover:
Loss of earnings from the deceased from the date of injury to date of death less support of survivors with interest.
Loss of the prospective net accumulation of an estate
It’s easy enough to say that survivors can recover something, but sometimes it helps to explain what those terms mean. Let’s look at some of them.
Mental Pain and Suffering
Pain and suffering are non-economic damages under Florida law. That is, they are subjective and difficult to calculate. The term refers to the physical discomfort and the emotional pain a victim suffers after an accident. Mood disorders, chronic pain, and similar suffering can all fit into this category.
Loss of Companionship and Protection
Certain familial relationships include, by their nature, providing guidance, instruction, cooperation, and support. These damages are generally only available to surviving spouses and children.
Loss of Support and Services
Each surviving family member will have been the recipient of support in the form of money, property, or physical labor from the deceased and can recover the value of that property. An example is the spouse’s services around the house that a commercial service must now provide.
Medical Bills and Funeral Expenses
Any family member can recover out-of-pocket funds for the decedent’s medical costs and funeral expenses through the wrongful death claim.
Lost Earnings
Available only to the estate, the future lost earnings include wages, salaries, commissions, and potential pension benefits the deceased might have earned.
Lost Accumulation for the Value of the Estate
Only the estate can recover the value of investments or income the deceased might have earned or accumulated over time.
Common Causes of Wrongful Death in Florida
Wrongful death arises in many of the same circumstances as personal injury cases.
Among the more common causes of wrongful death are:
Pedestrian accidentsand bicycle accidents – Pedestrians and cyclists account for one-fourth of all traffic accident deaths in Florida.
Unsafe working conditions/worksite injuries – Florida has about 200 worksite fatalities per year.
Premises Liability – Unsafe commercial and residential locations/slip-and-fall injuries – The US suffers over 17,000 slip-and-fall fatalities annually, and because of Florida’s large number of elderly residents, a significant number of them happen in Florida.
Medical malpractice– Only the decedent’s children under 25, adult children dependent on the deceased for support, the spouses, or the parents of a deceased child under 25 can sue for wrongful death damages under a medical malpractice claim. In other words, with no spouse or dependent relatives or children under 25, the only possible recovery is the funeral and medical expenses. The maximum recoverable is in the range of $12,000, leading many lawyers to reject these cases.
Dangerous products/ product liability – Florida experiences its fair share of the tens of thousands of dangerous product deaths each year in the United States.
Child Injuries– Prevented child deaths, including drowning – In 2019, more than 7 million children 14 and under died of preventable or treatable causes. These cases, particularly when they relate to drowning, are often the basis for a wrongful death case.
Intentional criminal actions – Florida is in the mid-range of US states for murders at 1,290 in 2021, but each one of those can potentially serve as the basis for a wrongful death lawsuit. These cases often involve family members, but they may also involve those who are essentially judgment-proof.
Experienced Tampa wrongful death lawyers like those at Boohoff Law can help you evaluate your case to determine whether the cause of your loved one’s death will support a viable wrongful death case. Let us help you find the way toward a successful resolution of your claim.
How Long Can You Take to File a Wrongful Death Claim in Tampa?
Generally, to recover on wrongful death, the personal representative must file within two years of the date of death for the decedent. There are, however, some exceptions.
If medical malpractice prompts the wrongful death case, the plaintiff must comply with the medical malpractice statutes of limitations that require filing within two years of the time the malpractice is discovered or should have been discovered with the exercise of due diligence. The law will never permit a suit to be filed more than four years after the injury. Thus, for a medical malpractice case, you may have a longer statute of limitations.
A wrongful death case against a state or government may need to begin far sooner, so please call Boohoff Law without hesitating.
Finally, if one of the defendants in a wrongful death case dies, you must file a motion seeking to substitute that individual’s personal representative for the original defendant within 90 days of the death. Failure to do this on time can end your case forever.
As you can see, the tricky nature of the statute of limitations in a wrongful death case is yet one more reason why working with experienced wrongful death counsel like those at Boohoff Law can significantly help your case progress.
Average Wrongful Death Settlement in Florida
Wrongful death cases are, of course, very much based on the facts and circumstances of the underlying death and the relationship of the deceased to the survivors. A responsible lawyer cannot accurately evaluate your claim without a full case review.
Contact Our Tampa Wrongful Death Attorneys Today
When a loved one dies, especially due to another person’s negligence, the survivors struggle to deal with their anguish and the monumental changes in their lives. Don’t try to navigate the complexities of the wrongful death statutes and the intricacies of negotiating with the at-fault party and their insurance company on your own.
Let the attorneys at Boohoff Law stand beside you to advocate for the damages you need and deserve from the wrongful death of your loved one.Contactus online today or call(813) 725-5606for a no-cost initial consultation and case evaluation. Let us help you shoulder the burden of survival and receive a financial recovery to help you move forward with your life.
Client Testimonial
“Boohoff Law, Definitely stands behind Integrity the staff is extremely professional. Tatiana is not only a fantastic attorney in her expertise however she’s also down-to-earth, truly a people person. I believe in establishing relationships in any type of business that you do, they definitely bring that to the table. Thank you for all your help in my time of need. I would highly recommend this firm to represent you.”
-Elissa M.
Review: 5/5★ ★ ★ ★ ★
Boohoff Law P.A. Tampa, Florida Location
829 W Dr Martin Luther King Jr Blvd Tampa, FL 33603 Phone:(813) 725-5606
Tampa Wrongful Death FAQs
Are there Limitations on Recovery for Wrongful Death?
Parents might not recover pain and suffering damages if the deceased child was over 25 unless there were no other survivors. If medical malpractice caused the wrongful death, survivors cannot recover pain and suffering damages.
How Are Wrongful Death Damages Paid Out?
Under Florida law, the personal representative has a legal duty to pay the proceeds to the various survivors fairly and equitably. Many lawyers recommend that the personal representative seek court approval of all distributions to survivors and the estate. This will help prevent fights over who got what.
Boohoff Law’s knowledgeable wrongful death attorneys will work with you regarding the settlement distribution and get court approval for your suggested distributions.
Can I Afford a Wrongful Death Lawsuit for My Tampa Loved One?
Most wrongful death attorneys will handle your case on a contingency fee basis. A contingency fee agreement, which the American Bar Association requires be in writing, will set out the agreement between you and your attorney for the fees in your case. Instead of an hourly fee, your attorney will receive a percentage of your final award.
The attorney will also pay all of the court costs and other expenses upfront, and the eventual handling of these must also be in your contingency fee agreement.
Finally, the agreement will provide that your attorney will only receive payment after a successful outcome of your case. The agreement will define the successful outcome and may set different payment amounts depending on when it settles or a court grants an award.
Tampa Wrongful Death Attorneys
Boohoff Law Tampa Office
829 W Dr Martin Luther King Jr Blvd Tampa, FL 33603
