Tampa Wrongful Death Attorneys
Helping You Seek Justice Through Legal Action
The loss of a loved one is always difficult, and it can be even more challenging when their death results from someone else's negligence or wrongful actions. At Burnett Law, we understand the emotional and financial toll this takes on your family.
Wrongful death claims can arise from many incidents, including automobile accidents, workplace injuries, and unsafe property conditions. Florida law allows surviving family members to recover damages for their loss, but these cases require detailed legal knowledge and careful attention.
At Burnett Law, we have extensive experience handling wrongful death cases and understand the complexities involved in seeking justice for families. Our attorneys guide you throughout the legal process—from investigating the circumstances of your loved one's death to handling negotiations or representing you in court.
Reach out to our experienced attorneys at (813) 491-8272 or submit a form online for a free consultation.
Common Causes of Wrongful Death in Tampa
Losing a loved one unexpectedly is a devastating experience, and families in Tampa face a variety of circumstances that give rise to wrongful death claims. Understanding the most common causes can help you recognize whether you may have a case and what steps to consider next.
Some of the most frequent situations leading to wrongful death cases in Tampa include:
- Major auto collisions on local highways. Accidents on I-275 and Lee Roy Selmon Expressway often lead to tragic fatalities.
- Incidents of medical malpractice at Tampa hospitals. Medical errors can sometimes result in the preventable loss of life.
- Fatal workplace accidents. Construction, warehouse, or industrial job sites in Tampa’s growing metro area may pose significant risks.
- Unsafe premises incidents. Slip and falls or dangerous property conditions in Tampa's public spaces or businesses may lead to severe consequences.
- Boating and waterfront accidents. As a coastal city, Tampa’s busy waterways unfortunately see preventable boating-related deaths each year.
Families uncertain whether a particular situation qualifies as a wrongful death case can benefit from guidance from attorneys who understand the realities of life and law in Tampa. Our attorneys investigate the circumstances and determine if the situation meets the criteria for a wrongful death claim under Florida statutes.
If you believe wrongdoing or neglect caused your loved one’s death, seek legal counsel to protect your rights and preserve important evidence for your case.
Who Can File a Wrongful Death Claim in Florida
Under Florida Statutes Sections 768.16-768.26, wrongful death claims allow surviving family members to pursue compensation when a loved one passes away due to someone else's negligence or wrongful act. One of the most critical aspects of Florida law is that only the Personal Representative of the deceased person’s estate can actually file the lawsuit.
This individual is typically named in a will, but if no will exists, the court will appoint someone—often a surviving spouse or adult child. While only one person files the claim, they do so on behalf of all "survivors" and the estate itself.
Florida law specifically defines survivors as:
- The surviving spouse.
- Minor children (defined as those under age 25 for certain damage claims).
What Sets Us Apart
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Experienced Attorneys Dedicated to Your SuccessWe guide clients through the complexities of their legal challenges, offering direct communication and hands-on support every step of the way.
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Free ConsultationsWe offer free consultations to evaluate your case, answer your questions, and help you understand your legal options.
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Proven Trial SuccessWe’re not afraid to take your case to court and have a strong track record of achieving favorable verdicts and settlements.
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Personalized Service and Genuine CareWe believe in doing the best job possible for every client, taking a meticulous and client-focused approach to uncover every advantage for your case.
Our Clients Come First
Real Stories, Real Results
At Burnett Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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“Mr. Josh Burnett is an amazing attorney who cares about his clients and getting them the justice they deserve.”Jennifer Z.
Let Us Help You Navigate the Legal Process in Tampa
At Burnett Law, we are dedicated to handling wrongful death cases with the sensitivity they deserve. We understand that this is a difficult time for your family, and our attorneys are here to support you every step of the way.
Please be aware that there are time-sensitive deadlines for filing a wrongful death claim under Florida law. It's important to act quickly to ensure that you are eligible to receive compensation.
- Initial case assessment. We review the facts, listen to your concerns, and determine possible legal strategies tailored to your circumstances.
- Gathering evidence. This can include obtaining accident reports, medical records, and witness statements that may be required for Tampa courts.
- Filing the wrongful death claim. We manage all paperwork, filings, and deadlines required by Hillsborough County and Florida statutes.
- Negotiating with insurance companies. Our attorneys represent your best interests in discussions with insurance companies and responsible parties.
- Litigating in court, if necessary. If a fair resolution cannot be reached, we prepare your case for trial and advocate for you in front of local judges and juries.
Frequently Asked Questions
What Is the Time Limit to File a Wrongful Death Claim in Florida?
In Florida, the statute of limitations for most wrongful death claims is two years from the date of death. Some exceptions may apply, so it is best to consult an attorney to confirm you are within the correct filing window.
How Is Compensation Determined in a Wrongful Death Lawsuit?
Compensation depends on several factors, including the survivor's relationship to the decedent, financial dependency, and the specific circumstances surrounding the death. Florida law allows recovery for financial losses, emotional suffering, and certain expenses.
Do All Wrongful Death Claims Go to Trial?
Many wrongful death claims in Tampa are resolved through negotiation and settlement rather than going to trial. However, some cases do proceed to court if a fair resolution cannot be reached. An attorney can advise you on what to expect.
Who Can Act as the Personal Representative in a Wrongful Death Case?
The personal representative is typically named in the decedent’s will or appointed by the court if there is no will. This person files the wrongful death claim on behalf of the survivors and the estate.
We want to help you seek justice for your loved one and recover compensation to cover the unexpected costs you’ve incurred. Contact us at (813) 491-8272 or submit a form online for a free consultation.
