Wrongful Death

Tampa Wrongful Death Attorney

Over 20 Years of Florida Litigation Experience. A $1.7 Million Wrongful Death Result.

Under Florida law, a wrongful death occurs when someone dies as a result of another party’s negligence, reckless conduct, or intentional act. The Florida Wrongful Death Act (Fla. Stat. sections 768.16–768.26) gives the personal representative of the decedent’s estate the right to file a civil claim on behalf of surviving family members, regardless of whether criminal charges are ever filed. From car wrecks to workplace accidents, these cases are built on proving that someone’s failure to act responsibly cost a family everything. That proof takes serious legal work, and it starts with having the right attorney in your corner.

We serve clients throughout Tampa and the surrounding areas and have recovered $10 million across our caseload, including a $1.7 million wrongful death result. Founding attorney Mark Stallworth brings over 20 years of litigation experience in both civil and criminal courts in Florida. Free consultations are available by phone, virtually, or in person, and we work on a contingency fee basis: you pay nothing unless we recover compensation for your family. Contact Stallworth Law to speak with a Tampa wrongful death attorney.

Why Tampa Families Choose Stallworth Law

Choosing a wrongful death attorney is one of the most consequential decisions a grieving family can make. Here’s what sets our firm apart.

Former Florida Assistant State Attorney
Before founding this firm, Mark Stallworth served as a Florida Assistant State Attorney. That background means he knows firsthand how cases are built, argued, and challenged on both sides of a courtroom. In wrongful death litigation, that perspective matters when negotiating with insurers and presenting evidence at trial.

Recognized Legal Standing
Our firm is recognized as part of the National Black Top 100 Lawyers and holds membership in the Million Dollar Advocates Forum, a distinction limited to attorneys who have recovered million-dollar-plus results for clients.

Tailored Case Strategy
We don’t apply a template to every case. We listen to each family’s circumstances, identify the specific evidence and liable parties involved, and build a legal approach around what that case actually requires.

Available When You Need Us
We’re available around the clock for client questions and concerns. Families navigating grief shouldn’t have to wait days for a callback.

No Upfront Cost
Our contingency fee model means there are no attorney fees unless we recover compensation. Financial pressure shouldn’t stand between a family and accountability.

As a premier Black law firm with deep roots in the Tampa Bay community, we bring genuine personal investment to every case we handle.

To schedule your consultation, call (813) 851-2286 or contact us online. We serve Tampa, St. Petersburg, and the surrounding areas.

Common Causes of Wrongful Death Claims in Tampa

Wrongful death claims arise from a wide range of incidents. What they share is a preventable loss tied to someone else’s failure to act with reasonable care.

Motor vehicle accidents: Drunk, distracted, or reckless drivers cause a significant share of fatal accidents in Florida. When a driver’s negligence kills someone, a wrongful death claim can be filed against them and, in some cases, against a third party such as an employer or vehicle owner.
Workplace accidents: Fatal construction site falls, equipment failures, and exposure to hazardous conditions can give rise to wrongful death actions separate from workers’ compensation claims.
Medical malpractice: Surgical errors, missed or delayed diagnoses, and medication mistakes can form the basis of a wrongful death claim when a healthcare provider’s negligence causes a patient’s death.
Premises liability: Drowning accidents, unsafe property conditions, and inadequate security are recognized causes of action under the Florida Wrongful Death Act.
Intentional violence: An assault or other intentional act can support a civil wrongful death claim even when criminal charges are filed simultaneously. A civil verdict requires a lower burden of proof than a criminal conviction.

What a Wrongful Death Case Requires

To succeed in a Florida wrongful death claim, the personal representative of the estate must prove four elements: the defendant owed the decedent a duty of care, the defendant breached that duty, the breach caused the death, and the death resulted in damages recoverable by the estate or surviving family members. Meeting that burden requires evidence, not assumptions.

Building the Case

Building a case means gathering accident reports, medical records, witness statements, cell phone records, and any available surveillance footage. We send a formal demand letter to the defendant and their insurance carrier, supported by evidence and a documented damages calculation. Most cases involve extended negotiation before any settlement offer approaches fair value. If the insurer refuses to offer appropriate compensation, we can take the case to trial in the 13th Judicial Circuit Court for Hillsborough County.

The Statute of Limitations & Survival Actions

One point families often miss: negotiating with an insurance company doesn’t pause the two-year statute of limitations. Only formally filing a lawsuit in court satisfies that deadline. Families may also have grounds to file a survival action alongside a wrongful death claim. A survival action recovers damages the decedent incurred before death, such as pain and suffering and medical bills, while the wrongful death claim recovers losses suffered by surviving family members. Both may apply depending on the facts of the case.

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How We Help Our clients

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Learn how we guide families toward healing after life’s most difficult moments.

Damages & Deadlines in a Tampa Wrongful Death Claim

Florida law allows the personal representative and surviving family members to recover compensation for both the financial and personal losses a wrongful death causes. Two distinct categories govern recovery: damages belonging to the decedent’s estate and damages belonging to surviving family members. Knowing what you can pursue, and how long you have to pursue it, shapes every decision in these cases.

Available Damages You May Recover

Florida allows a decedent’s relatives and beneficiaries to recover several categories of damages.

Economic damages: Measurable financial losses tied to the death, including medical expenses related to the fatal injury, funeral and burial costs, lost wages, and loss of net accumulations: the income the decedent would have earned, saved, and left to the estate over their expected lifespan.
Non-economic damages: Intangible losses, including pain and suffering experienced by the decedent before death, and the loss of companionship, guidance, protection, and support suffered by surviving family members. Florida doesn’t cap economic or non-economic damages in wrongful death cases.
Punitive damages: When the defendant’s conduct was especially egregious, a court may award punitive damages to deter similar behavior. Florida generally caps punitive damages at three times compensatory damages or $500,000, whichever is greater. A higher cap of four times compensatory damages or $2 million applies when the defendant’s conduct was motivated solely by unreasonable financial gain. When the defendant had a specific intent to harm the claimant, Florida law imposes no cap.

One nuance worth knowing: adult children of the decedent may recover damages for lost companionship and guidance only if the decedent left no surviving spouse. The Florida Wrongful Death Act controls which family members can recover which categories of damages, and those distinctions affect how a case is structured from the start.

The Statute of Limitations for Florida Wrongful Death Lawsuits

Under Florida Statute section 95.11(5)(e), families have two years from the date of the decedent’s death to file a wrongful death lawsuit. The clock starts on the date of death, not the date of the underlying accident. Missing this deadline will almost certainly result in the court dismissing the case regardless of how clear the negligence was.

Two years sounds manageable, but building a wrongful death case takes real time. Gathering evidence, identifying all liable parties, and appointing a personal representative each add to the timeline. The earlier you engage an attorney, the more time we have to build the strongest possible case for your family.

Talk to a Tampa Wrongful Death Lawyer Today

No amount of compensation restores what a family has lost. But holding a negligent party accountable, and recovering the damages Florida law provides, can ease real financial burdens and bring a measure of justice for what happened. At Stallworth Law, we handle these cases on a contingency fee basis: no upfront cost, and no fee unless we recover compensation for you.

If you’re ready to speak with a wrongful death attorney in Tampa, we offer free consultations by phone, virtually, or in person. Tell us what happened, and we can give you an honest assessment of what we see in your case.

Arrange a free consultation by calling (813) 851-2286 or contacting us online.

Guiding Principles of Excellence and Integrity

Focused on your best interests with transparent communication.

Compassionate Advocacy
With a commitment to compassion, Stallworth Law fights relentlessly for injury victims, ensuring they receive rightful compensation and support after accidents caused by others' negligence.
Client-Centered Representation
Putting clients first, Stallworth Law prioritizes open communication and tailored strategies, ensuring each individual receives the attention and advocacy they deserve.
Legal Excellence and Experience
Backed by extensive legal knowledge and litigation skills, Stallworth Law delivers top-tier representation, staying updated on the latest in personal injury law to secure optimal results.
Empowerment Through Knowledge
Through thorough education and guidance, Stallworth Law empowers clients to navigate the legal process confidently, making informed decisions about their cases and asserting their rights with clarity.

It’s Time to Take Control.

Take the First Step

Our firm stands ready to be there for you through hard times and to work diligently to get the compensation you need to move forward after an accident. We work on a contingency fee basis, so you do not have to pay anything unless we win. This approach can make our services accessible, regardless of your financial situation. Find out how we can help you in a free consultation. We know your accident or injuries may make commuting difficult, which is why we can conduct these initial meetings virtually.

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