Losing someone you love because of another person's carelessness is one of the most devastating things a family can face. The grief alone is immense, and yet, in the weeks that follow, families often find themselves managing funeral costs, lost income, and unanswered questions about what to do next.
Roman Austin Car Accident and Personal Injury Lawyers is here to help families in Tampa hold negligent parties accountable and recover the compensation they need to move forward. If your family lost a loved one because of someone else's actions, a Tampa wrongful death lawyer or other negligence claim may give you legal standing to pursue justice.
Call us at (813) 422-7772 for a free consultation.
What Is a Wrongful Death Claim in Florida?
A wrongful death claim is a civil lawsuit filed on behalf of a person who died because of someone else's negligence, recklessness, or intentional misconduct. In Florida, this type of claim is governed by the Florida Wrongful Death Act, which outlines who can file and what types of losses may be recovered.
This civil claim runs independently from any criminal charges that might arise from the same incident, so families don't have to wait for criminal proceedings to conclude before taking legal action.
Florida law allows a personal representative, typically a family member named in the deceased's estate, to file on behalf of surviving loved ones. That person acts as the legal voice for the estate and the family throughout the case.
Surviving spouses, children, and parents may be entitled to recover damages. In some cases, other dependents may also have standing.
The types of losses recoverable in a Florida wrongful death case include:
- Medical expenses incurred before your loved one passed
- Funeral and burial costs
- Lost wages and financial support the deceased would have provided
- Loss of companionship, guidance, and parental support
- Mental pain and suffering experienced by surviving family members
How Wrongful Deaths Happen in Tampa
Tampa's geography and dense traffic corridors create conditions where fatal accidents are more likely. The interchange at I-275 and I-4 near downtown sees heavy commercial truck traffic daily, and crashes involving large vehicles are among the most fatal on Florida roads. Dale Mabry Highway, a corridor packed with commercial deliveries and local commuters, sees a disproportionate number of serious accidents.
Wrongful deaths in Tampa also happen in settings people don't always anticipate.
- A maintenance failure at Port Tampa Bay
- A negligent driver striking a pedestrian near Armature Works
- A slip-and-fall at a business along Kennedy Boulevard that leads to fatal injuries
Construction zones along the Selmon Expressway have also been sites of worker fatalities tied to unsafe conditions.
In all of these situations, a death that follows negligence may give rise to a wrongful death claim. The key legal question is whether someone owed your loved one a duty of care, breached that duty, and caused the fatal injury as a direct result.
Why Having a Lawyer Makes a Real Difference
Hiring a wrongful death attorney significantly improves a family's ability to recover full and fair compensation, because the legal process following a fatal accident is structured in ways that favor those with professional representation.
Without one, families face insurance adjusters, corporate defense lawyers, and procedural deadlines with no support in their corner.
Insurance Companies Move Fast
The at-fault party's insurance company often begins its investigation within days of an incident, sometimes hours. Their adjusters are trained to gather information that limits the company's payout.
They may call surviving family members while emotions are still raw, ask seemingly simple questions designed to elicit damaging answers, or present an early settlement offer that sounds significant but doesn't come close to reflecting the true value of the loss.
An attorney puts an immediate stop to those direct communications. Once you have legal representation, the insurance company must go through us, not you.
A Full Picture of What Was Lost
One of the most common mistakes families make without an attorney is accepting a settlement that only accounts for obvious costs like funeral expenses or immediate medical bills.
A skilled wrongful death attorney evaluates the full scope of the loss, including:
- Future income and financial support the deceased would have provided over a lifetime
- The value of parental guidance and companionship, particularly for surviving children
- Pain and suffering experienced by surviving family members
- Any ongoing care costs incurred before your loved one passed
These losses don't always come with a clear price tag, but they are legally recoverable in Florida, and they matter.
We Build the Case So You Don't Have To
Gathering evidence, retaining expert witnesses, filing the correct legal documents within Florida's deadlines, and preparing for litigation all require time and legal knowledge most families simply don't have. We manage all of it. That's not a selling point; it's how these cases get won.
Roman Austin Car Accident and Personal Injury Lawyers has more than 60 years of collective legal experience and has recovered over $200,000,000 for clients across Florida. We've handled cases against large corporations, freight carriers, and insurers who don't settle without a fight.
If your family lost a loved one due to someone else's negligence, call us at (813) 422-7772 for a free case evaluation. You deserve straight answers, and we're ready to give them to you.
Who Can File a Wrongful Death Lawsuit in Florida?
Under Florida law, only the personal representative of the deceased's estate can file a wrongful death lawsuit. That person acts on behalf of the estate and the surviving family members, which may include a spouse, children, or parents. If no will exists naming a personal representative, the court may appoint one.
This procedural requirement catches many families off guard. If you're unsure whether you have standing or who should serve as the personal representative, we can help you sort that out from the very first call. Getting the right person designated early protects the integrity of the case going forward.
What Tampa Families Should Know About the Timeline
Florida law gives wrongful death families two years from the date of death to file a civil lawsuit, and missing that deadline almost always means losing the right to pursue compensation entirely. That window may sound generous, but it closes faster than most families expect.
Why Starting Early Matters
Building a strong wrongful death case requires evidence, and evidence doesn't wait.
Surveillance footage from businesses along Hillsborough Avenue or intersections near Tampa International Airport gets overwritten. Witnesses' memories fade.
Accident reconstruction specialists need access to the scene and vehicle data as close to the incident as possible. The earlier we get involved, the more we have to work with.
There are also exceptions to the two-year rule worth knowing:
- Cases involving a government entity, such as a city bus or county vehicle, may require a formal notice of claim filed within a much shorter window
- Cases where negligence wasn't immediately apparent may have a different discovery timeline
- Wrongful death claims involving medical malpractice follow their own distinct rules under Florida law
How Long Does a Case Take to Resolve?
There's no single answer. Some cases settle within several months. Others, particularly those involving disputed liability or multiple defendants, move toward trial and take longer. We'll give you an honest assessment of what to expect once we've reviewed the details of your situation.
Results That Reflect Our Commitment
The results Roman Austin Car Accident and Personal Injury Lawyers has achieved for clients reflect what happens when skilled, experienced attorneys take on serious cases and refuse to accept less than what families are owed.
These outcomes aren't accidents; they're the product of thorough preparation, aggressive negotiation, and a willingness to take cases to trial when insurers won't offer what's fair.
A few examples from our case history:
- $4,000,000 settlement reached following a one-car crash involving two fatalities, even amid a significant liability dispute
- $2,700,000 verdict secured for a truck accident victim
- $4,356,000 verdict for a traumatic brain injury victim in an interstate accident
Every case is different, and past results don't guarantee a specific outcome in your case. What they do reflect is how we approach every file, with the same level of preparation and commitment regardless of who we're up against.
Recognized for Excellence
Our firm holds Super Lawyers designations, Top 50 verdicts recognition, and membership in both the Million Dollar and Multi-Million Dollar Advocates Forums. The Better Business Bureau has awarded us an A+ rating with full accreditation.
Founding partner Mark S. Roman is Board Certified in Civil Trial Law, a credential earned by a small percentage of Florida attorneys.
Frequently Asked Questions About Wrongful Death Claims in Tampa
What should I do first after losing a loved one in a potential wrongful death situation?
Contact a wrongful death attorney as soon as you're ready. Before that, preserve any evidence you have access to, including photographs, communications, or documents related to the incident.
Avoid speaking with the at-fault party's insurance company before consulting with an attorney, since those conversations can affect the outcome of a future claim.
How much does it cost to hire a wrongful death lawyer?
Our firm works on a contingency fee basis, which means you pay no upfront fees and owe nothing unless we recover money on your behalf. Our fee comes as a percentage of the settlement or verdict. We'll explain exactly how that works during your free consultation, so there are no surprises.
What if the person responsible doesn't have insurance or many assets?
Liability doesn't always rest with a single individual. In many wrongful death cases, additional parties bear responsibility, such as an employer, a property owner, or a vehicle manufacturer.
A Tampa wrongful death attorney who is familiar with how these cases work will look beyond the most obvious defendant to identify every potential source of recovery.
How do we know if we have a valid wrongful death claim?
A valid claim generally requires showing that someone owed your loved one a duty of care, that they breached that duty, and that the breach directly caused the death. Proving these elements requires evidence, and that evidence is best gathered early.
The most reliable way to evaluate your claim is to speak with an attorney who has handled similar cases and can assess the full picture.
Can a wrongful death claim be filed even if criminal charges are also pending?
Yes. Civil wrongful death claims and criminal prosecutions are entirely separate legal processes. A civil claim doesn't depend on a criminal conviction, and families can pursue a civil claim regardless of whether criminal charges are filed or how a criminal case ultimately resolves.
Let's Talk About What Happened
Attorney and Founder
When a Tampa family loses someone because of another party's negligence, accountability matters. It matters practically, in the form of financial recovery that helps a family rebuild stability. And it matters on a deeper level, as a clear statement that a person's life has value and that the loss carries real consequences.
Roman Austin Car Accident and Personal Injury Lawyers is ready to stand alongside your family through this process. As wrongful death lawyers in Tampa with more than 60 years of collective legal experience, we bring the focus, skill, and case-building resources to pursue the outcome your family deserves.
Call us today at (813) 422-7772 for a free case evaluation. There's no obligation, no fees to get started, and no pressure to make any decisions right away. Just an honest conversation about what happened and what your family may be entitled to recover.
Our office is located at 401 E Jackson St Suite 3319, Tampa, FL 33602
Past results do not guarantee future outcomes. Every case is different and must be evaluated on its own facts.