Tampa Wrongful Death Attorney
Losing someone because of another person’s negligence is a particular kind of grief. There is the loss itself, and then there is the reality that sets in shortly after: medical bills, funeral costs, a household that may have depended on that person’s income. Florida law gives surviving family members a path to hold the responsible party accountable, but the window to act is limited and the legal process is not forgiving of missteps. At Kobal Law, our Tampa wrongful death attorney Jason Kobal handles these cases with the seriousness they demand and the directness that families in crisis actually need.
Who Can Bring a Wrongful Death Claim in Florida, and Who Recovers
Florida’s Wrongful Death Act is specific about who can file and who can receive compensation. The claim itself must be filed by the personal representative of the deceased person’s estate. That representative acts on behalf of all the survivors, which typically includes a spouse, children, and parents depending on the circumstances.
What each survivor can recover depends on their relationship to the person who died. A surviving spouse may recover for loss of companionship and protection, mental pain and suffering, and lost support. Minor children can recover for lost parental companionship and guidance, as well as mental pain and suffering. Adult children’s recovery is more limited under Florida law, though this is an area worth discussing with an attorney given your specific situation. Parents of a minor child who dies may recover for mental pain and suffering. The estate itself can seek damages for lost earnings the deceased would have accumulated, medical expenses incurred before death, and funeral costs.
One thing that surprises many families is that each survivor’s damages are evaluated separately. A case involving a working parent who leaves behind young children will look very different from a case involving an adult with no dependents. The economic analysis can be substantial, and it matters significantly to the final outcome.
The Circumstances That Typically Produce These Cases in Tampa
Wrongful death claims arise out of the same circumstances as serious personal injury cases. The difference is that the injured person did not survive. In Tampa and the surrounding area, the cases that most commonly reach our office involve vehicle accidents on roads like I-275, I-4, and the Selmon Expressway, where high traffic volumes and distracted or impaired driving cause devastating collisions. Construction and workplace accidents are another significant source, especially given how much development activity runs through Hillsborough County. Slip and fall incidents, negligent security at commercial properties, and medical negligence also give rise to wrongful death claims.
It matters how the death occurred because different fact patterns come with different liable parties and different insurance coverages. A fatal car accident may involve an at-fault driver’s auto policy, a commercial carrier’s policy, or an underinsured motorist claim depending on who was behind the wheel. A workplace death may involve a workers’ compensation claim, a third-party negligence claim against a contractor or equipment manufacturer, or both. A premises liability death may expose a property owner, a management company, or a security contractor. Sorting through these layers early in the case is part of what Kobal Law does before committing to a legal strategy.
The Two-Year Clock, and Why It Starts Immediately
Florida’s statute of limitations for most wrongful death cases is two years from the date of death. That may sound like a reasonable amount of time, but it moves faster than people expect, particularly when a family is still managing arrangements, dealing with probate, and trying to stabilize their financial situation.
The practical reason to move quickly is evidence. Accident scenes change. Surveillance footage gets overwritten. Witnesses forget details or become harder to locate. Physical evidence degrades. If a vehicle was involved, the inspection of that vehicle needs to happen before repairs are made or the vehicle is disposed of. In construction or workplace deaths, the conditions that caused the accident may be corrected before anyone documents them properly. The sooner an attorney is involved, the better the chance of preserving what is needed to build a strong case.
There are some circumstances that can affect the filing deadline, including situations involving government entities, which carry their own notice requirements and shortened timelines. If a government vehicle, a public transit system, or a public facility was involved in the death, acting without delay is not optional.
What These Cases Look Like from Start to Settlement or Trial
Wrongful death cases typically begin with an investigation. That means gathering police reports, medical records, witness statements, employment records if lost income is at issue, and any available surveillance or physical evidence. If liability is complicated, accident reconstruction experts or medical experts may be needed. This phase takes time and sets the foundation for everything that follows.
After the investigation, claims are made against the responsible parties and their insurance carriers. Most cases eventually move into negotiation. Insurance companies will make offers, and those offers will almost always be lower than what the case is worth. Whether a settlement is appropriate depends on the facts, the strength of the liability evidence, the total damages, and the coverage available. Jason Kobal has worked on both sides of this process. That background gives him an honest read on what insurers are actually thinking and what it will take to resolve a case fairly versus what it will take to walk into a courtroom.
Not every case settles. When an insurance company’s position is unreasonable or the responsible party contests liability, taking the case to trial in Hillsborough County Circuit Court becomes the path forward. The decision to litigate is always made with the family’s input and with a clear-eyed assessment of the risks and potential outcomes on both sides.
Answers to Questions Families Often Ask
What is the difference between a wrongful death claim and a criminal case?
A wrongful death claim is a civil lawsuit filed by the family to recover financial compensation. A criminal case is filed by the state to punish the person responsible. Both can arise from the same event, and the outcome of one does not determine the outcome of the other. A person who is acquitted criminally can still be held liable in a civil wrongful death case.
What if the person who died was partly at fault for the accident?
Florida follows a modified comparative fault system. If the deceased was partially at fault, damages are reduced by their percentage of fault. If their fault exceeded 50 percent, recovery is barred in most cases. This is often a contested issue that defendants raise aggressively, and having solid evidence of what actually happened is important.
Does the estate have to go through probate before a wrongful death case can be filed?
A personal representative of the estate must be appointed to file the claim, but a full probate proceeding does not need to be completed first. In many cases, the two processes run in parallel. An attorney can help coordinate both.
What does it cost to hire a wrongful death lawyer?
Kobal Law handles wrongful death cases on a contingency fee basis. That means no fees are paid upfront. The firm’s fee is a percentage of what is recovered. If there is no recovery, there is no fee. This means the financial risk of pursuing a case does not fall on a family that is already under economic pressure.
Can a workers’ compensation death claim and a wrongful death lawsuit both be filed?
Yes, in many situations. If a worker was killed on the job and a third party’s negligence contributed, the family may have both a workers’ compensation death benefits claim and a separate civil lawsuit against that third party. These are distinct claims that can proceed at the same time, and pursuing both is often appropriate.
What happens if the at-fault driver had minimal insurance?
Underinsured and uninsured motorist coverage may be available through the deceased person’s own auto policy. Depending on the circumstances, the owner of the vehicle being driven, an employer if the driver was on the job, or another party may also have exposure. Identifying every available source of recovery is part of the initial analysis in any case.
How long does a wrongful death case take to resolve?
It depends. Some cases with clear liability and willing insurers resolve within a year. Cases involving disputed liability, multiple parties, complex damages, or litigation can take significantly longer. There is no honest answer that applies across the board, but the goal is always to move efficiently without sacrificing the value of the case.
Talk to a Tampa Wrongful Death Lawyer at Kobal Law
These cases are not simple, and the pressure to resolve them quickly, before the full picture is clear, often comes from insurers who know what a case is worth before the family does. Having a Tampa wrongful death lawyer who understands both the legal framework and the tactics of the other side gives families a better chance at a fair outcome. Jason Kobal handles both English and Spanish-speaking clients, and the firm is available to speak with you about your situation at any time. There is no fee to talk, and there is no fee at all unless a recovery is made for your family.
