Hillsborough County Wrongful Death Lawyer

Spencer Morgan Law helps families in Hillsborough County and across the State of Florida who have lost someone because another person or business was careless. The firm handles automobile accidents, rideshare crashes, slip and fall injuries, on-the-job accidents, maritime and watercraft accidents, bicycle accidents, and medical malpractice, and those same kinds of events are what turn a serious injury claim into a Hillsborough County wrongful death case when the injured person does not survive.

The first thing most families do not realize is that Florida gives a wrongful death claim a short clock. The general rule is two years from the date of death, and the deadline sits in section 95.11(5)(e) of the Florida Statutes. Older articles still cite the former subsection (4)(d), which can confuse anyone researching on their own. There are exceptions, and they matter: a death caused by murder or manslaughter has no deadline against the person who committed it, while a claim against a government body has its own written-notice requirement. Knowing which clock applies to your situation is the first piece of real work in the case.

The second thing is that the claim is not a single pot of money going to “the family.” Florida splits recovery into survivor damages and estate damages, and who qualifies for what depends on their relationship to the person who died. Sorting that out early shapes everything that follows.

How Florida Divides a Wrongful Death Recovery

When we sit down with a family, the question we answer first is who actually has a claim and for what. Under section 768.21, the damages fall into two groups. Survivor damages go to the people who depended on or were close to the person who died. Estate damages are a separate category, handled through the estate itself.

A surviving spouse can recover for the loss of the decedent’s companionship and protection, along with mental pain and suffering. Parents of a deceased minor child can recover for their mental pain and suffering. Those are the categories families most often have in mind, but the statute has more layers than that, and the rules shift depending on the age of the person who died and who is left behind.

One rule catches families off guard in medical cases. When the death was caused by medical malpractice, adult children who are 25 or older cannot recover the noneconomic survivor damages that would otherwise be available to them, and parents of an adult decedent cannot recover theirs either. That does not make a malpractice death claim worthless, but it changes what the case is worth and who is in it, and a lawyer should explain that on day one rather than let you find out at settlement.

Florida also requires that every potential beneficiary, including the estate, be named in the complaint, with each person’s relationship to the decedent spelled out. Missing someone is not a technicality we want to discover late. We build the family tree carefully at the start so the filing is right.

Who Can Be Held Responsible, and How Fault Gets Argued

Florida moved away from joint and several liability. The court enters judgment against each responsible party for its own share of fault only. In a wrongful death case that means the defense will try to spread blame, and sometimes onto the person who died. Since the 2023 changes, a person found more than 50 percent at fault for their own harm generally recovers nothing in a negligence case; at 50 percent or less, the recovery shrinks by that percentage. Medical negligence claims under chapter 766 are carved out of that greater-than-50-percent bar.

That is why the investigation matters so much. Insurers do not wait for the family to finish grieving before they start building a comparative fault story. Dashcam footage, traffic signal timing, surveillance video from a store or parking lot, and witness statements can all disappear within weeks, so we move on them quickly.

Where the death happened on a property with weak security, the analysis changes again. Florida law gives certain multifamily owners, those with at least five dwelling units on one parcel, a presumption against liability if they substantially implemented the required security measures and had a qualifying crime-prevention assessment no more than three years old. The owner carries the burden of showing that compliance. Convenience businesses can earn a similar presumption by implementing the statutory security measures, and evidence can overcome it. In these cases fault is apportioned among everyone who contributed, including the criminal.

Situations We See Behind Wrongful Death Claims

• Fatal Auto and Truck Crashes: Interstates and arterial roads through Tampa, Brandon, and Plant City carry heavy commercial and commuter traffic. The firm has recovered $1,000,000 in a semi-truck crash and $1,000,000 in an auto accident settlement, and fatal crashes involve the same insurance and fault fights on a larger scale. PIP also carries a $5,000 death benefit regardless of fault.
• Rideshare Fatalities: Passengers, other drivers, and pedestrians can all be killed in crashes involving a rideshare vehicle, which brings the driver, the company, and multiple insurance policies into the picture.
• Medical Malpractice Deaths: Misdiagnosis, surgical error, or substandard hospital care can end a life. These claims run on their own track, with a two-year period from discovery, a four-year outer limit, and a mandatory notice of intent and 90-day investigation period before suit can be filed.
• Falls and Premises Dangers: A fall from a roof, down a stairway, or on a poorly maintained surface can be fatal for older adults especially. The firm has handled falls from roofs, stairways, and construction-affected apartment complexes.
• Workplace Deaths: Workers’ compensation provides death benefits through its own system, but a third party, such as an equipment maker or a contractor who is not the employer, may also be liable in a separate civil claim.
• Maritime and Watercraft Deaths: Tampa Bay and the Gulf draw heavy boat traffic. The firm has recovered $800,000 in a maritime accident case and has handled watercraft claims.
• Bicycle and Pedestrian Deaths: Cyclists and people on foot have little protection against a vehicle, and these crashes are often disputed on fault.
• Negligent Security Deaths: Apartment complexes, convenience stores, and parking lots where a violent crime occurs may face liability, subject to the statutory presumptions described above.
• Government-Related Deaths: A death involving a public vehicle, road condition, or facility triggers sovereign immunity rules, including a cap of $200,000 per person and $300,000 per incident, and a claim bill from the Legislature to go beyond it.

What to Do After a Death in Hillsborough County

Start with the things that disappear. If the death involved a crash, ask the investigating agency for the report and keep every document the family receives, including medical records, bills, and anything from an insurance company. Do not give a recorded statement to the other side’s insurer. Adjusters are friendly in the first call and that call is used later.

Be careful with what gets posted online and with what you sign. Medical providers sometimes treat under an arrangement that promises payment from a future settlement. Florida now requires disclosure of those letters of protection, including who referred the patient, as a condition of claiming those medical expenses, so the paperwork needs to be handled correctly from the start.

Civil wrongful death cases in Hillsborough County are filed in the Thirteenth Judicial Circuit, which is made up of Hillsborough County alone, and civil matters are heard at the Edgecomb Courthouse in Tampa. Appeals from the Thirteenth Circuit go to the Second District Court of Appeal. The estate itself must be opened through probate, and a personal representative is the person who brings the claim on behalf of the survivors and the estate, so one of the first practical steps is determining who that will be.

If a government vehicle, agency, or facility was involved, the process is different. A written claim must go to the Department of Financial Services within two years for a wrongful death, and the agency generally has 180 days to respond before suit can follow. For a workplace death, the workers’ compensation side has its own reporting rules, with a 30-day notice requirement and a petition deadline that is generally two years.

The most common mistake we see is waiting. Families often feel that calling a lawyer is somehow disrespectful while they are still grieving. In practice, the opposite is true: the earlier the evidence is secured, the stronger the case, and nothing about starting the process requires you to make decisions you are not ready to make.

Why Families Choose Spencer Morgan Law for Wrongful Death Claims

Clients tell us the difference is in the day-to-day contact. They describe getting calls returned, getting questions answered from the first day, and having each step explained plainly. Attorney Spencer Morgan and his team keep clients fully informed and give each case personal attention, which matters when a family is carrying a loss and a legal process at the same time. Spanish-language services are available, and consultations are confidential.

The firm does not charge unless it recovers. That arrangement matters to a family that has just lost a source of income.

The results reflect the kind of cases that sit underneath a fatal claim: $1,000,000 in a semi-truck crash, $1,000,000 in an auto accident settlement, $850,000 in a slip and fall, and $800,000 in a maritime accident recovery. The firm also handles the practical side, helping clients get cars repaired, securing reimbursement for total losses, resolving medical bills fairly, and getting needed medical care for surviving family members who were hurt in the same event. Clients have written about the way the team spoke to insurance representatives and how it communicated through the process.

Serving Wrongful Death Clients Across Hillsborough County

The firm represents families throughout Hillsborough County, starting with Tampa and its neighborhoods, including Downtown, Ybor City, Seminole Heights, Hyde Park, and Davis Islands. We also serve families in Brandon, Riverview, Valrico, Seffner, and Plant City, along with Temple Terrace, Town ‘n’ Country, Carrollwood, Lutz, Wimauma, Ruskin, and Apollo Beach. Families in Sun City Center, Gibsonton, and Thonotosassa also come to the firm, as do those across the rest of the county.

Cases tied to a Hillsborough County death sometimes involve neighboring areas such as Pinellas, Pasco, and Polk counties, and the firm’s reach extends to clients throughout the State of Florida.

Frequently Asked Questions About Wrongful Death Claims

How long do I have to file a wrongful death case in Florida?

Generally two years from the date of death. There are exceptions, including no deadline for murder or manslaughter claims against the individual responsible, and a separate written-claim process for government defendants. Because some of these timelines run differently, it is worth getting advice early.

Who can bring a wrongful death claim?

The personal representative of the estate files the action on behalf of the survivors and the estate. The complaint must identify every potential beneficiary and describe each person’s relationship to the person who died.

What can a family recover?

Florida divides recovery into survivor damages and estate damages. A surviving spouse may recover for loss of companionship and protection and for mental pain and suffering, and parents of a deceased minor child may recover for their mental pain and suffering. Who qualifies depends on the relationships involved.

Does Florida cap wrongful death damages?

The noneconomic damage caps that once applied in medical malpractice cases were struck down as unconstitutional, so there is no enforceable cap on those damages in litigation. Claims against government bodies are different and are limited by the sovereign immunity caps.

What if my loved one was partly to blame?

Fault is compared. If the person who died is found more than 50 percent responsible, recovery is generally barred in a negligence case. At 50 percent or less, the recovery is reduced by their share. Medical negligence cases under chapter 766 are not subject to the 50 percent bar.

Can adult children recover in a medical malpractice death?

Adult children aged 25 or older cannot recover the noneconomic survivor damages when the death resulted from medical malpractice, and parents of an adult decedent are similarly limited. Other parts of the claim may still be available.

Does the PIP policy pay anything after a fatal crash?

Yes. Florida’s no-fault coverage includes a $5,000 death benefit in addition to the medical and disability benefits, regardless of who caused the crash. It is separate from, and much smaller than, a wrongful death claim against the at-fault party.

What if the death happened at work?

Workers’ compensation provides its own death benefits, and the 30-day reporting rule and two-year petition deadline apply. If someone other than the employer contributed, such as an equipment manufacturer or a separate contractor, a civil claim against that party may also exist.

What if a government vehicle or agency was involved?

You must present a written claim to the Department of Financial Services within two years of a wrongful death. The agency generally has 180 days to respond before suit. Recovery is capped at $200,000 per person and $300,000 per incident, and going beyond that requires a claim bill passed by the Legislature.

Will medical bills from before the death affect the claim?

They can. Florida requires disclosure of letters of protection and allows evidence about what insurance actually paid, rather than only the amount billed. How those rules apply depends on the facts, and the Fifth District held that the law does not apply retroactively, so timing matters.

What if a bar or restaurant served someone who then caused the death?

Florida’s dram shop law is narrow. A licensed seller is generally not liable for a patron’s intoxication, with exceptions for knowingly serving someone under the legal drinking age or someone known to be habitually addicted to alcohol. The law does not reach social hosts.

Do I pay anything to talk to a lawyer?

No. Consultations are confidential, and the firm does not charge a fee unless it recovers.

Talk With a Hillsborough County Wrongful Death Attorney

If someone you love has died because of another person’s carelessness, a Hillsborough County wrongful death attorney at Spencer Morgan Law can walk you through who has a claim, what deadlines apply, and what the case may be worth. The conversation is confidential, it costs nothing, and you will not owe a fee unless we recover. Call to schedule a consultation, in English or en Español, and we will take it from there.