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Wrongful Death

Tampa Wrongful Death Attorneys


The unexpected death of a loved one can have an overwhelming impact on a family.  Surviving family members often find it incredibly difficult to move forward and struggle economically especially when the decedent was the primary income source.  Incredibly, some personal injury lawyers who advertise “aggressive” representation have never been to trial on a wrongful death case.  With the stakes so high, it is critical you hire lawyers who understand the many layers, complexities and challenges of handling a wrongful death case and a law firm with the financial resources to go to trial when a fair settlement offer never comes.

At the Fernandez Firm, our Tampa wrongful death attorneys have decades of experience and a long history of success in the courtroom helping families recover when tragedy strikes.  Over the past two decades, our firm has represented thousands of clients injured or killed by auto accidents, drownings, motorcycle crashes, nursing home abuse and medical malpractice across Florida. If you have lost a loved one due to negligence or medical malpractice by a hospital, doctor or medical provider, our attorneys are here to help.

How Can We Help

For nearly 25 years, our lawyers have helped grieving family members recover stability and move forward with hope for the future.  In that time, we have more than $90 million in negotiated settlements and jury trial verdicts.  Our goal is simple, we strive to “provide wrongfully injured clients and their families with exceptional, compassionate, legal representation.” If a fatal accident has changed your family forever, you need proven trial lawyers you can trust to protect your family.

At the Fernandez Firm, we put your needs first, representing our clients on a contingent-fee basis.  For our clients, that means you pay no hourly fees for our time or for legal consultations. Instead, we are paid a percentage of the total recovery when we win or settle the case.  This way, you have immediate access to legal services without any financial strain and no out-of-pocket expense. Contact our attorneys today for a free case review.

Who Can File A Wrongful Death Suit?

The Florida Wrongful Death Act specifically defines who may bring a claim for wrongful death.    Under the statute, when the death of a person is caused by the wrongful act, negligence or breach of contract of another, the personal representative of the decedent’s estate may bring a claim and recover damages from the person or a corporation responsible for the death.  

Depending upon the type of negligence causing the wrongful death, survivors may include the decedent’s spouse, children, parents and, if dependent on the decedent for support or services, blood relatives and adoptive brothers and sisters and may include children born out of wedlock.

Medical Malpractice Death Limitations   

Under existing Florida law, when medical negligence results in the death of a parent, only a spouse and children under the age of 25 may recover damages.  Further, parents of an adult child may not recover for the loss of companionship, instruction, guidance or for mental pain and suffering caused by the wrongful death of their child if the death is due to medical malpractice.  This legal restriction does not apply in non-medical malpractice death cases.

Wrongful Death Damages You Can Recover

Under Florida law, potential beneficiaries are generally entitled to receive compensation for the following types of damages;

  • Past Lost Support & Services – From injury to the time of death
  • Future Loss of Support & Services – Since the date of death
  • Loss of Companionship, Pain & Suffering – Surviving spouses
  • Lost Parental Companionship, Instruction, Guidance and Mental Pain & Suffering – Minor children
  • Mental Pain & Suffering – Parents of a deceased, minor child Pain, mental anguish and loss of enjoyment of life
  • Medical & Funeral Expenses – Survivor may recover any amounts paid

To learn more, please contact our office today to meet with an attorney, discuss your case and explain the damages you may be able to recover.

Tampa Wrongful Death – Call Today

A wrongful death lawsuit in Florida must be filed within two years of the date of death. Because of this short time-frame, if the life of your loved one has been cut short due to negligence, it Is imperative you contact our office as soon as possible.  Our Tampa attorneys understand the anguish and stress resulting from the unexpected death of family. We will always strive to provide you with results-focused legal representation and recover the compensation your family deserves.

If you have questions regarding a wrongful death case, our experienced team of professionals is available 24 hours a day, 7 days a week.  We will provide a free case consultation, and you will pay no attorney fees or legal costs unless we succeed in obtaining a recovery for you.  

Please call today 1-800-222-8163