Tampa Wrongful Death Lawyers

Fighting for Families Across Hillsborough County

If you lost a loved one because of someone else’s negligence, Florida law may allow your family to pursue a wrongful death claim. These cases are about accountability and securing the financial support a family may need after an unexpected loss.

At Kemp Law, we represent families in Tampa and throughout Hillsborough County in wrongful death lawsuits arising from serious preventable incidents. Our firm has handled 20,000+ cases and recovered millions in compensation for victims and families.

What families value about working with our firm:

• Serious case experience: 20,000+ cases handled across Florida and Georgia.
• Trial-ready preparation: We prepare cases with the expectation that insurers may dispute responsibility and damages.
• Insurance-company insight: Partner Kelly Cook is a former insurance defense attorney who understands how carriers evaluate and fight high-exposure claims.
• Founder-led representation: Stacy A. Kemp founded the firm in 2008 and built its reputation around high-stakes personal injury litigation and client-focused service.
• No fees unless we win: Free consultation, contingency representation, and no upfront attorney’s fees.

Call (727) 788-6792 or contact us online for a FREE consultation. Our Tampa wrongful death attorneys are available 24/7.

A Record of Results in High-Stakes Cases

Wrongful death cases often involve aggressive defense tactics and significant financial exposure, which is why experience matters. 

Some of our results include:

• $2,300,040 — Motorcycle Accident: Right-of-way violation; multiple surgeries; maximum policy limits recovered.
• $2,000,000 — Pedestrian Accident: Multiple surgeries were required.
• $1,150,000 — Motor Vehicle Accident: Rear-ended at a stoplight and spun into oncoming traffic in an eight-vehicle crash; case litigated and resolved.
• $1,000,000 — Motor Vehicle Accident: Brain surgery; resolved for full value despite disputed liability and minimal fault attributed to a third vehicle.
• Additional recoveries in serious injury and wrongful death-related matters.

See more of our results.

How Wrongful Death Claims Work in Florida

A wrongful death claim is a civil lawsuit that can be brought when a death is caused by another party’s negligence, recklessness, or intentional conduct.

In practical terms, these cases usually center on two questions:

• Responsibility: Who caused the fatal event, and how can that be proven?
• Loss: What has the family (and the estate) lost financially and personally because of the death?

Wrongful death claims are rarely “automatic,” even when the loss is obvious. Defense teams often challenge fault, argue intervening causes, dispute the medical chain, or minimize the value of the case. A strong claim is built to meet those defenses directly with documentation and credible proof.

Who Can File a Wrongful Death Lawsuit?

In Florida, a wrongful death claim is filed by the personal representative of the deceased person’s estate (sometimes called the executor). That person brings the claim on behalf of the estate and eligible survivors.

In practice, this usually means:

• The personal representative files the lawsuit and manages the case decisions (often with counsel).
• Eligible survivors are identified early because their relationship to the deceased affects what damages may be recoverable.
• The claim typically involves both “survivor damages” and “estate damages,” depending on the facts.

Survivors who may be entitled to recover damages can include:

• A surviving spouse
• Children (minor or adult, depending on the damages category)
• Parents (especially in cases involving a deceased minor child, and in certain cases involving an adult child)
• Other relatives who were dependent on the deceased for support or services (in more limited circumstances)

Because wrongful death cases can turn on family status, dependency, and statutory damage categories, we typically confirm the estate/personal representative piece and survivor eligibility right away so the case is filed correctly and no recoverable category is missed.

Who Is Liable in a Wrongful Death Case?

Depending on how the fatal event occurred, liability may involve more than one defendant. Potentially responsible parties can include:

• Negligent drivers and, in commercial cases, employers or corporate vehicle owners, involved in fatal car crashes
• Trucking and commercial entities (including contractors or logistics companies, depending on relationships and coverage)
• Property owners and management companies when unsafe conditions contribute to a fatal incident
• Security providers or businesses in negligent security scenarios
• Manufacturers in defect-related cases where a product failure caused or worsened the fatal outcome

Identifying all responsible parties (and all viable insurance coverage) is often a major driver of what a case can recover, especially when injuries are serious and policy layers may exist.

What Compensation Can Families Recover?

Florida’s Wrongful Death Act allows recovery of specific damages for survivors and for the estate, depending on the circumstances. 

Damages that may be pursued for survivors can include:

• Loss of financial support and services
• Loss of companionship, guidance, and protection (where applicable)
• Mental pain and suffering for certain survivors (depending on relationship and facts)

Damages that may be pursued for the estate can include:

• Medical or funeral expenses in defined circumstances
• Losses tied to earnings and accumulations as defined by statute

The right approach is case-specific: it depends on the family relationships, the provable economic loss, and how the evidence supports liability and damages. 

How the Legal Process Typically Works

Wrongful death cases usually follow a structured progression:

1. Initial evaluation and coverage review (what happened, who may be liable, what insurance exists)
2. Investigation and evidence development (records, witnesses, scene evidence, experts as needed)
3. Damages development (economic support, services, household impact, and other legally recoverable losses)
4. Demand and negotiation with a complete, defensible claim file
5. Litigation when necessary to pursue appropriate compensation

How Long Do I Have to File a Wrongful Death Claim in Florida?

Florida imposes strict time limits on wrongful death lawsuits. In many cases, the deadline to file is two years from the date of death. Missing the filing deadline can eliminate the right to recover anything, regardless of how clear liability may be.

It’s also worth knowing that the “right” timeline isn’t always as simple as circling a date on a calendar. In some cases, the identity of the responsible party, the involvement of a business or government entity, or the way the incident is investigated can affect how quickly key evidence must be secured and what procedural steps may apply.

The bottom line: if your family is even considering a claim, it’s smart to have an attorney confirm the applicable deadline early and make sure the case is positioned correctly from the start.

Call for a FREE Consultation: (727) 788-6792

If you lost a loved one due to negligence in Tampa or anywhere in Hillsborough County, Kemp Law is ready to review what happened, explain what Florida law allows, and help you decide what comes next.

Call (727) 788-6792 or contact us online to request your free consultation.