Tampa Wrongful Death Lawyer
Armando Personal Injury Law represents Tampa families after deaths caused by negligent or wrongful conduct. A Florida wrongful death lawsuit is brought by the deceased person's personal representative for eligible survivors and the estate. We investigate responsibility, explain which losses can be claimed, and help families address the evidence and deadlines.
You may have a report number and little else. An insurer may already be asking for paperwork while you are still trying to understand what happened. You can call us with those questions, even if no estate has been opened yet.
Call (813) 482-0355 or request a free consultation. Our Tampa office is at 2002 E 5th Ave, Unit 103, Tampa, FL 33605. We can discuss the evidence, estate appointment, and deadlines that need attention now.
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What Needs Attention First
Save the report number, messages, bills, and any paperwork you have been asked to sign. If a vehicle, device, or recording may help explain the death, tell the lawyer where it is so preservation can be addressed. Do not put yourself at risk collecting evidence.
What Makes a Death a Wrongful Death Case
Under Florida Statutes section 768.19, a claim may arise when a wrongful act, negligence, default, or breach of contract or warranty causes death and the person could have pursued a claim had they survived. A fatal outcome alone does not establish liability.
For a negligence claim, the investigation must connect a legal duty and a failure to meet it to the death. A driver may have failed to yield. A facility may have failed to provide required care. We need evidence of that connection before drawing a conclusion about responsibility.
Our Florida wrongful death guide explains the statewide framework. For a Tampa incident, the first practical questions are where the records are, who can act for the estate, and what must be preserved now.
Which Agency Investigated the Death
Florida Highway Patrol (FHP), the Tampa Police Department (TPD), and the Hillsborough County Sheriff's Office (HCSO) are key law-enforcement agencies families may encounter after a fatal incident in this area. The location and type of incident determine who responds and who leads the investigation. More than one agency may be involved, and these are not the only possible responders.
Start with the agency named on the paperwork you received. A Tampa mailing address alone does not establish that TPD handled the incident. If you are unsure, give us the location, date, and any report number so we can help identify the right records.
"One of the most honest, no nonsense, sincerely caring, down to earth, straight to the point, professional lawyer I've been to date! He genuinely fights for those families going through heartbreaking times. Thank you Armando for your diligence and hard work for trying to get my daughters everything they deserve."— ConcreteRosa18 Actual client. Results may vary; each case is different.
Record availability depends on the record type, access rules, and investigation status. A report is a starting point, not a civil judgment. Do not assume every camera recorded the incident or that footage is still available. A lawyer can evaluate preservation requests and the procedures needed to obtain evidence. A workplace death or nursing home wrongful death may also involve regulatory investigations and medical records rather than a traffic report.
Who Files the Claim and How Hillsborough County Courts Fit In
Under section 768.20, the deceased person's personal representative brings the wrongful-death action for eligible survivors and the estate. Being a spouse, child, or parent does not automatically authorize someone to file a separate wrongful-death lawsuit.
Probate addresses the estate and appointment of its personal representative. The wrongful-death lawsuit addresses responsibility for the death and the resulting losses. A will may nominate the representative, but court appointment is still required. Florida's appointment statute governs preference in appointment. Ask who will handle the probate work and whether separate counsel is needed.
For an estate properly administered in Hillsborough County, the Clerk's probate resources explain the local process. Probate venue generally follows the deceased person's domicile, with other rules for nonresidents, under section 733.101. Dying in a Tampa hospital does not automatically make Hillsborough the correct probate county.
If Hillsborough County is the proper venue and the claim belongs in state circuit court, the lawsuit is filed in Florida's Thirteenth Judicial Circuit. The Hillsborough Clerk's Circuit Civil division maintains those case records. The George Edgecomb Courthouse is at 800 E Twiggs Street in downtown Tampa; confirm the location and instructions on any hearing notice.
The place of the incident and the defendants can affect civil venue under section 47.011 and other applicable rules. A criminal prosecution, probate proceeding, and wrongful-death lawsuit may have different case numbers, schedules, and purposes.
Motorcycle Accident
ACS Forensic Lawyer-Scientist
Attorney Armando Edmiston holds the ACS-CHAL Forensic Lawyer-Scientist designation — one of only six lawyers in Florida to hold it. That training is relevant when a case turns on drug or alcohol testing or disputed laboratory evidence.
"This is by far my most communicative, professional, and friendly firm I've ever had the pleasure of doing business with. They walked us through the whole legal process every step of the way. They were quick to be an advocate for us when we were scared and didn't know what to do."— Nolan N. Actual client. Results may vary; each case is different.
Fatal Incidents We Review in Tampa
The type of incident changes the evidence we need. It can also change the defendants, insurance, deadlines, and legal procedures. We review deaths following immediate injuries as well as cases in which a person died later and medical evidence is needed to establish the connection.
Fatal Car Crashes
In a Tampa car accident case that leads to death, witness accounts, vehicle damage, available recordings, and medical records may help explain a fatal collision. An exact address or mile marker is more useful than a general description when locating the agency report and nearby sources of video.
Commercial Truck Deaths
A fatal commercial truck crash may require a broader review of the driver, motor carrier, maintenance, loading, and other parties' roles. Driver logs, dispatch communications, inspection records, and available vehicle data can matter. Early preservation requests help protect available records.
Motorcycle Deaths
A driver's claim that they did not see a motorcycle leaves important questions unanswered. Where was the rider? Who had the right of way? What do the physical evidence and witnesses show? In a fatal motorcycle case in Tampa, those questions need evidence, not assumptions about riders.
Pedestrian and Bicycle Deaths
After a fatal pedestrian collision, the crossing location, signals, lighting, driver conduct, and pedestrian's movements all need examination. For Tampa bicycle crashes, preserve the bicycle and any helmet or riding equipment if available and safe to do so.
Scooter and E-Bike Deaths
Keep the rental receipt or trip information after an e-bike or e-scooter collision in Tampa, if available. It can help identify the device and rental company. Device classification and where it was being used matter.
Workplace and Construction Deaths
A death on the job can involve workers' compensation death benefits under section 440.16. Workers' compensation generally limits lawsuits against a covered employer under section 440.11, subject to exceptions. A separate third-party claim may exist under section 440.39. We review Tampa workplace injuries and construction incidents with both possibilities in mind.
Nursing Home Abuse and Neglect
An existing illness may explain a decline but does not rule out a care failure that caused or contributed to the death. Our Tampa nursing home practice reviews pressure wounds, falls, choking, and inadequate care. Section 400.023 includes specific rules for nursing home claims when death results.
Unsafe Property and Fatal Violence
A fatal fall, pool incident, or dangerous condition may require a premises-liability investigation. After a shooting or other fatal assault, a negligent-security claim requires its own proof of responsibility. Our Tampa sexual-assault practice also addresses civil accountability where an assault is involved.
Medical Negligence
A death involving medical care may require review under Florida's medical-negligence framework. A Tampa medical malpractice claim calls for review of the treatment, the applicable standard of care, and how any departure affected the patient. Presuit requirements make it important to identify the correct claim type early.
Defective Products
A dangerous vehicle component, household product, or piece of equipment may raise a product-liability claim. Preserve the product and identifying information when possible. In a Tampa Onewheel case, the device and available technical records may matter. A fatal injury alone does not prove a product was defective.
Fatal Incidents on the Water
Deaths involving watercraft, rentals, or guided rides may require an examination of operator conduct, equipment, instructions, and supervision. After a fatal Jet Ski incident, save rental agreements and operator contact details if you have them. Maritime law can affect a fatal boating claim, so the location and activity need review before applying ordinary land-based rules.
What Compensation May Be Available to Your Family
Florida's definition of survivors includes the spouse, children, and parents, plus certain blood relatives and adoptive siblings who depended partly or wholly on the deceased for support or services. Special parentage rules can also affect eligibility. Being close to someone does not, by itself, establish a right to compensation.
Florida separates survivor losses from estate losses. Section 768.21 determines who may recover each category; no family member automatically qualifies for all damages.
Qualifying survivors may recover lost support and services. A surviving spouse may recover lost companionship and protection and mental pain and suffering. Eligible children may recover lost parental companionship, instruction, guidance, and mental pain and suffering.
Florida's definition of minor children for these rules includes children under 25. For children age 25 or older, these categories generally require that there be no surviving spouse, subject to the medical-negligence restriction. Parents may recover mental-pain damages for a child under 25. For a child age 25 or older, this category requires no other statutory survivors and is unavailable in medical-negligence claims.
Medical and funeral expenses must be assigned to the eligible survivor or estate claim without duplicate recovery. The estate may also recover qualifying earnings and future savings, subject to statutory conditions.
Medical-negligence claims have an important restriction: the parental-companionship and mental-pain categories are unavailable to children age 25 or older, and parents cannot recover the specified mental-pain damages for a deceased child age 25 or older. Other eligible losses require separate analysis.
Bring the bills, but tell us about the daily work your family has lost too. Who cared for the children, drove an older parent to appointments, or handled the household? Those details help identify services that may have a legally recoverable value. They do not disappear simply because no paycheck was attached to them.
"Armando did every single thing behind the scenes, from my perspective. My husband got more than expected from his settlement AND he sent him to the absolute best doctor he could have ever asked for. Armando was professional, warm, assuring, informative, and continued to exceed what he had promised. We would never go elsewhere."— Jo V. Actual client. Results may vary; each case is different.
"Armando is more than an attorney, he is a person who cares about others and works long hours to ensure justice is served. He is very personable and engaging. He helped our family immeasurably, working through the court system in an efficient and effective manner. He keeps his clients informed and aware of what is happening throughout the process."— Robert S. Actual client. Results may vary; each case is different.
How Long Do You Have to Bring a Claim?
Florida generally provides two years for wrongful death under section 95.11. Have the actual deadline reviewed promptly. Medical negligence, nursing home claims, government defendants, and workers' compensation can involve different notice requirements, accrual rules, or procedures.
For example, covered nursing home claims have their own limitations provision in section 400.0236 and presuit procedure in section 400.0233. Do not assume that counting two years from death resolves every deadline.
Section 95.11(11) allows certain intentional-tort death claims against a natural person for acts described in Florida's murder or manslaughter statutes to be brought at any time, without requiring an arrest, charge, or conviction. It should not be assumed to extend claims against every other potentially responsible party.
Waiting for police findings, an agency investigation, or probate to finish should not be assumed to pause the civil filing period. Evidence can disappear much sooner: recordings may be overwritten and vehicles or equipment may be repaired or discarded.
Hit-and-Run
"Our case was a tricky one, and thank God for you and your skilled professionals. You not only made us feel well taken care of, you went out of your way to help us. You were also very responsive and straight up. I would recommend you to anyone because you get the job done."— Lorna G. Actual client. Results may vary; each case is different.
How We Build the Claim
We start by comparing the information your family has with what still needs to be obtained. That may mean tracing a crash report to the investigating agency, identifying the licensed operator of a facility, or determining which businesses controlled a jobsite. We also examine potential coverage and whether the evidence supports a claim against each proposed defendant.
Medical records help address a separate question: how did the incident lead to the death? Depending on the dispute, that may require medical opinions, reconstruction work, or other expert analysis. Records do not always agree. A useful investigation identifies those differences and tests them.
Our published case results include a $1.25 million settlement involving a wrongful death motorcycle accident. Past results do not guarantee a similar outcome. Your case's value depends on its evidence, legally available damages, and available coverage or assets. Before a settlement decision, you should understand which claims the release resolves, whose losses are included, and what fees, expenses, or repayment obligations may affect the recovery.
What to Bring to the First Conversation
Bring what you already have. A complete file is not required.
- The incident date, date of death, location, and any agency report number.
- Names of witnesses, businesses, facilities, employers, or insurers involved.
- Original photographs, messages, videos, and available medical or discharge records.
- Medical and funeral invoices, payment records, and insurance correspondence.
- Any will, probate documents, death certificate, and information about the spouse, children, parents, or dependent relatives.
- Any settlement offer, release, or authorization you have been asked to sign.
We can identify missing records and discuss how to obtain them.
"As a trial attorney who has been practicing law for over 20 years, I can't recommend Armando enough to anyone considering retaining him. He is detail oriented, sharp minded and simply knows how to win. Importantly, he is passionate about his work — and it shows in the results he obtains for his clients. Armando is truly one of Tampa's finest attorneys."— Timothy B. Actual client. Results may vary; each case is different.
Questions Tampa Families Ask
Must We Wait for Criminal Charges?
No. A civil wrongful-death claim does not require a criminal conviction. The personal representative must still prove the civil claim. An active investigation may affect access to records, but it is not a reason to assume the civil deadline has stopped.
Can We Bring a Claim if Our Relative Died After Leaving the Hospital?
Possibly. The issue is whether the wrongful conduct caused or contributed to the death. Medical history, treatment records, the death certificate, and appropriate expert review may be needed. The timing alone does not establish or defeat the connection.
What if the Insurer Blames Our Family Member?
An accusation is not a finding of fault. Florida's comparative-fault statute can reduce damages and, in actions subject to its greater-than-50-percent rule, bar recovery when the deceased person's fault exceeds that threshold. Exactly 50 percent is not greater than 50 percent. The bar does not apply to wrongful death arising from Chapter 766 medical negligence; intentional-tort cases and older filings require separate analysis.
Can We Pursue a Case if We Live Outside Tampa?
Yes, living elsewhere does not by itself prevent a claim arising from a Tampa incident. Civil venue, the estate proceeding, and representation arrangements need review. Tell us where the incident occurred and where your relative lived before death.
Is the Consultation Free?
Yes. The initial consultation is free. Before hiring the firm, review the written agreement for attorney fees and case expenses, including how costs are handled if there is no recovery. Request a consultation.
Talk With Our Tampa Wrongful Death Lawyers
Attorney Armando Edmiston and Armando Personal Injury Law represent families in serious injury and wrongful-death matters. Our Tampa office serves families across Hillsborough County, including South Tampa, Seminole Heights, New Tampa, Brandon, Riverview, and Town ’n’ Country.
Tell us what happened, what the investigating agency or facility has said, and what you still need answered. We can discuss whether a claim may exist, who must bring it, and the next steps for protecting the evidence.
Call (813) 482-0355 or contact Armando Personal Injury Law for a free consultation.
"Armando and his team fully took care of everything for me and made this process seamless, stress free and as easy as possible! 10/10 would recommend!"— Thomas A. Actual client. Results may vary; each case is different.
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About the Author
Attorney Armando Edmiston is the founding attorney of Armando Personal Injury Law in Tampa and St. Pete, Florida. A U.S. Marine veteran and Hillsborough County native, he represents injured people and families in serious injury cases, including car accidents, truck accidents, motorcycle accidents, wrongful death, negligent security, premises liability, and nursing home abuse and neglect claims. Armando earned a B.S. in Biology from the University of South Florida and a J.D., cum laude, from Nova Southeastern University. He is also one of only six lawyers in Florida listed with the ACS Forensic Lawyer-Scientist designation.