Practice Area
No verdict or settlement can undo your loss — but Florida's Wrongful Death Act gives your family the right to accountability and compensation. We fight with compassion and strength.
Why Choose Swope, Rodante
Overview
A wrongful death occurs when a person dies as a result of the negligence, recklessness, or intentional misconduct of another person or entity. In Florida, wrongful death is a civil cause of action — entirely separate from any criminal proceedings — that allows the deceased person's survivors and estate to seek monetary compensation for their losses.
The critical legal distinction: even if someone is acquitted of criminal charges arising from the same incident, a wrongful death civil action can still proceed and succeed. The standards are different — criminal law requires proof "beyond a reasonable doubt," while civil law requires only a "preponderance of the evidence" (more likely than not). The O.J. Simpson case is the most famous national example of this distinction.
Wrongful death cases are among the most consequential and emotionally demanding matters in civil litigation. At Swope, Rodante P.A., we approach every wrongful death case with the gravity, thoroughness, and compassion it demands — while fighting relentlessly for the accountability your family deserves.
Legal Framework
Florida's Wrongful Death Act, codified at Sections 768.16 through 768.26 of the Florida Statutes, governs all wrongful death claims in the state. The Act defines who can file, who can recover, and what types of damages are available. Understanding the statute is essential — it is more restrictive in some respects than wrongful death laws in other states, making experienced Florida counsel critical.
Under the Florida Wrongful Death Act, only the personal representative of the decedent's estate can file a wrongful death lawsuit. The personal representative files on behalf of both the estate and the surviving family members (defined as "survivors" under the Act).
Florida law defines "survivors" as:
Florida's wrongful death statute of limitations is two years from the date of death. This deadline is strictly enforced — failing to file suit within two years almost always permanently bars the claim.
Medical Malpractice Exception
Wrongful death cases arising from medical malpractice are subject to different — and more complex — limitations periods and pre-suit requirements under Florida's Medical Malpractice Act. These cases require careful analysis of when the cause of action accrued.
Do not wait to consult an attorney. The investigation into a wrongful death — gathering medical records, interviewing witnesses, preserving accident scene evidence — takes time, and that time must be factored into the two-year window.
Florida's modified comparative negligence rule applies to wrongful death cases. If the decedent was partially at fault for the incident that caused their death, the damages recoverable by the estate and survivors are reduced proportionally by the decedent's percentage of fault. If the decedent was found more than 50% at fault, recovery may be barred entirely.
Insurance companies and defense attorneys routinely attempt to assign a disproportionate share of fault to the deceased person — who is no longer able to speak for themselves. This makes thorough, early investigation and an aggressive legal strategy critically important in every wrongful death case.
Case Types
We handle wrongful death cases arising from all forms of negligence and misconduct. The most common causes our firm has pursued include:
Motor vehicle collisions are the leading cause of wrongful death cases in Tampa and throughout Florida. Commercial trucking accidents, in particular, often involve multiple parties — the driver, the carrier, and the freight broker — and substantial insurance coverage.
Motorcycle fatalities in Florida represent a disproportionate share of traffic deaths. Insurance companies aggressively fight these cases, often blaming the motorcyclist without justification.
Pedestrian and cyclist fatalities often result from driver inattention, speeding, or failure to yield. Tampa's roads are among the most dangerous in the country for vulnerable road users.
Deaths caused by surgical errors, misdiagnosis, medication errors, anesthesia mistakes, or failure to treat are among the most legally complex wrongful death cases — requiring medical experts and strict adherence to Florida's pre-suit procedures.
When a defective product — a vehicle component, a medical device, or a consumer product — causes death, both the manufacturer and others in the chain of distribution may be liable under Florida products liability law.
Some wrongful death cases begin as personal injury matters — a traumatic brain injury, a severe burn, a spinal cord injury — that later become fatal. Florida law provides remedies for survivors in these circumstances.
Deaths occurring on dangerous property — due to inadequate security, unsafe conditions, or negligent maintenance — can give rise to wrongful death claims against property owners and managers.
When a worker is killed on the job due to a third party's negligence (beyond workers' compensation), a wrongful death action against the responsible party may be pursued.
Abuse, neglect, or inadequate care in a nursing facility or assisted living center that results in a resident's death can support both a wrongful death claim and Florida elder abuse remedies.
Compensation
Florida's Wrongful Death Act establishes specific categories of damages available to survivors and the estate. The availability of particular categories depends on the relationship to the decedent and other factors. A thorough economic and damages analysis by experienced counsel is essential to maximizing recovery.
Loss of Support and Services
The financial support and household services the decedent provided to the survivor — calculated over the remaining life expectancy of the survivor or the decedent, whichever is less.
Loss of Companionship and Protection
Available to the spouse and minor children. Compensates for the loss of the decedent's society, love, companionship, comfort, guidance, and protection.
Mental Pain and Anguish
Spouses and minor children are entitled to compensation for the grief, emotional suffering, and mental anguish caused by the loss. Parents of minor children who are killed are also entitled to these damages.
Lost Parental Companionship and Guidance
Minor children are specifically entitled to compensation for the loss of parental companionship, instruction, and guidance when a parent is killed.
Medical and Funeral Expenses
Survivors may recover medical expenses incurred before the decedent's death as a result of the wrongful act, as well as funeral and burial expenses.
Lost Net Accumulations
The reduction in the estate's value resulting from the premature death — essentially, what the decedent would have saved and accumulated over the remainder of their expected lifetime, reduced to present value. This is often the largest component of estate damages for a young, high-earning decedent.
Medical Expenses (Pre-Death)
Medical costs the decedent incurred as a result of the wrongful act prior to death — including all emergency care, hospitalization, and treatment leading up to the death.
Funeral and Burial Expenses
Reasonable funeral and burial costs are recoverable by the estate.
Pain and Suffering Before Death
If the decedent experienced conscious pain and suffering before dying — even briefly — the estate may recover damages for that suffering.
Economic Loss Analysis
Accurately quantifying wrongful death damages requires forensic economic analysis. Our attorneys work with forensic economists and vocational experts to calculate the present value of lost support, lost net accumulations, and all other economic losses — ensuring that your family is not shortchanged by inadequate damage calculations.
Our Approach
Wrongful death cases are unique in the law because they involve both a rigorous legal and evidentiary challenge and profound human loss. We understand that behind every wrongful death case is a family that is grieving, often financially destabilized, and navigating an unfamiliar legal system at the worst possible moment of their lives.
Swope, Rodante P.A. approaches wrongful death cases with the seriousness and sensitivity they demand. We handle every aspect of the legal process so your family can focus on each other. We communicate clearly and promptly. We never treat your loss as a routine matter.
At the same time, we fight hard. Insurance companies and negligent defendants count on grieving families to accept low offers. We do not allow that. We conduct thorough investigations, retain the best experts, and take cases to trial when that is what it takes to achieve justice.
Wrongful Death and Insurance Bad Faith
Wrongful death cases create some of the highest insurance bad faith exposure in Florida. When an insurer refuses to tender its insured's policy limits in the face of a death claim — even when liability is clear and the damages far exceed available coverage — it risks a bad faith judgment for the full excess verdict.
Swope, Rodante P.A. evaluates every wrongful death case for bad faith potential. When an insurer mishandles a death claim, the available remedies can far exceed the original policy limits.
Learn about insurance bad faith →Expert Witnesses in Wrongful Death Cases
A complete wrongful death case requires a team of experts:
Our Track Record
For over 45 years, Swope, Rodante P.A. has represented Florida families who have lost loved ones to negligence. We understand that this type of case is different — it carries a weight no other litigation does. We never lose sight of what is at stake.
Our attorneys are board-certified civil trial lawyers who have taken wrongful death cases to verdict and to the Florida Supreme Court. We have the resources, the expert network, and the trial experience to pursue accountability — regardless of how large or well-funded the defendant or insurer may be.
We handle wrongful death cases on a contingency fee basis — which means there is no cost to your family unless we win. You will never be asked to pay for our work out of pocket.
View our results45+
Years representing families in Florida wrongful death cases
$100M+
Recovered for seriously injured and deceased clients
0
Attorney fees unless we win your case
Common Questions
Yes. A wrongful death civil lawsuit is entirely separate from criminal proceedings and can proceed simultaneously with — or even after the conclusion of — criminal charges. The outcomes are legally independent. A criminal acquittal does not bar a civil wrongful death action, because civil cases are decided by a "preponderance of the evidence" standard (more likely than not), not the "beyond a reasonable doubt" standard used in criminal courts. In fact, a criminal conviction — or even a criminal investigation — can be valuable in a civil wrongful death case because it may create admissions, establish facts, and provide access to evidence developed during the criminal investigation.
Yes. Each decedent's estate and survivors have independent wrongful death claims. If multiple people died in a single accident — a multi-vehicle crash, a workplace accident, a mass tort situation — each family can pursue a separate wrongful death case. In cases involving a common defendant and limited insurance coverage, the recoveries may be affected by coverage limits and apportionment. Swope, Rodante P.A. will analyze the full insurance landscape in any multi-death case to maximize recovery for each family we represent.
Under Florida law, the wrongful death lawsuit must be brought by the personal representative of the decedent's estate. The personal representative is typically named in the decedent's will or appointed by the probate court. The personal representative acts on behalf of both the estate and all of the qualified survivors. If there are disputes among family members about how the case should be handled or how proceeds should be distributed, those matters are addressed through the probate court. Our attorneys will work with the personal representative and coordinate with the family to ensure the case is handled in a way that serves all survivors' interests.
Wrongful death cases are typically complex and do not resolve quickly. The investigation, filing, and discovery phases alone can take one to two years. Mediation and settlement negotiations, trial preparation, and — if necessary — trial can extend the process to three to five years or more, depending on the complexity of the case and the defendant's litigation posture. However, cases with clear liability and substantial insurance coverage sometimes settle significantly faster. We will always give you a realistic assessment of timeline and work as efficiently as possible without sacrificing the quality of your case.
Under Florida's modified comparative negligence law (effective 2023), the damages recoverable in a wrongful death case are reduced by the percentage of fault attributed to the decedent. If the decedent was 20% at fault, the survivors' recovery is reduced by 20%. If the decedent was found to be more than 50% at fault, recovery may be barred entirely. Insurance companies and defense attorneys routinely attempt to blame the deceased person — who cannot defend themselves — to reduce their financial exposure. Thorough early investigation, strong expert testimony, and experienced trial counsel are essential to defeating unfair comparative fault arguments.
We offer free, confidential consultations for grieving families. There is no cost to speak with us.
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