Wrongful Death Lawyer Tampa, FL
If you have lost a family member because of another person’s or organization’s negligence, you are dealing with grief that no legal process can undo. But Florida law gives surviving family members the right to hold the responsible party accountable and recover compensation for the harm caused. That is what a wrongful death claim is for.
Our Tampa, FL wrongful death lawyer has represented families across the state in cases involving medical negligence, fatal accidents, and other preventable deaths for more than four decades. Needle & Ellenberg, P.A. offers free case evaluations for all wrongful death matters. We work on a contingency fee basis, which means you pay no legal fees unless we win your case.
Why Choose Needle & Ellenberg, P.A. for Wrongful Death in Tampa, FL?
Trial-Ready Attorneys With Decades of Experience
Founding partners Andrew Needle and Andrew Ellenberg bring more than 70 years of combined experience in Florida medical negligence and plaintiffs’ injury law. Both handle plaintiffs’ injury and death cases exclusively.
Andrew Ellenberg focuses on plaintiffs’ injury and medical negligence cases, with practice concentrations that include plaintiffs’ injury and medical negligence cases across birth injury, delayed diagnosis, surgical error, anesthesia, and stroke claims. He earned his J.D. cum laude from the University of Miami School of Law in 1988. Martindale-Hubbell rates him AV Preeminent. Florida Super Lawyers has listed him every year since 2005, and The Best Lawyers in America has listed him every year since 2009 for plaintiffs’ medical malpractice and personal injury work.
Andrew Needle is Board Certified in Civil Trial Law by The Florida Bar. His practice concentrations include complex medical malpractice litigation and trial work, including multi- million dollar verdicts in cases that have tested the outer boundaries of existing Florida legal precedent. He holds a J.D. cum laude from the University of Miami School of Law (1977) and a B.S. from Cornell University (1974). He is a charter member of the Miami chapter of the American Board of Trial Advocates. Best Lawyers in America named him “Lawyer of the Year” for Medical Malpractice Law, Plaintiffs, in Miami for 2020 and 2025.
Hundreds of Millions Recovered for Injured Clients and Families
Needle & Ellenberg, P.A. has recovered hundreds of millions of dollars for clients across all practice areas, including multiple eight-figure results in medical malpractice matters. Many of the healthcare cases involved birth injuries, delayed diagnosis, surgical errors, anesthesia complications, and health system negligence.
Contingency Fee Representation
You will not owe our firm any fees unless we recover compensation for your family. We handle every wrongful death case on a contingency basis. Our fees are contingent. Losing a loved one is devastating enough without the added burden of hourly legal bills. Our fee structure removes that concern entirely.
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“I had a brief interaction with Attorney Andrew Needle, and he answered all my questions clearly and directly. His explanation was very professional and helped me better understand the legal topic I inquired about. I appreciated his personalized attention and clear communication. I highly recommend him 100%.” – Annis Parra Rodriguez
Read more reviews on our Google Business Profile.
Types of Wrongful Death Cases We Handle in Tampa
Wrongful death claims arise in a wide range of circumstances. What they share is a common legal framework: someone died because another party failed to exercise reasonable care. According to CDC injury data, unintentional injuries rank among the leading causes of death across most age groups in the United States, and many of those deaths involve avoidable mistakes by individuals, companies, or medical providers.
- Medical malpractice. Surgical errors, misdiagnosis, medication mistakes, and failures in hospital care can all result in a patient’s death. Medical negligence wrongful death claims require a presuit investigation and a physician’s corroborating opinion under Florida law.
- Car accidents. Distracted driving, speeding, impaired driving, and failure to obey traffic signals can cause fatal crashes throughout the Tampa Bay area every year. Survivors can bring wrongful death claims against at-fault drivers and, in some cases, their employers.
- Truck accidents. Collisions involving commercial vehicles tend to produce catastrophic injuries and fatalities due to the size and weight disparity between trucks and passenger cars. Claims may target the driver, the trucking company, or the vehicle’s owner.
- Hospital negligence. When hospitals fail to maintain safe staffing ratios, enforce clinical protocols, or respond to emergencies in a timely manner, patients can die from preventable causes. The hospital may be held liable separately from the treating physician.
- Nursing home abuse and neglect. Falls, medication errors, infections from unsanitary conditions, and physical abuse in long-term care facilities can lead to wrongful death claims brought by the decedent’s estate against the facility.
- Brain injuries. Traumatic brain injuries from accidents, assaults, or medical negligence can prove fatal. Even when the victim survives the initial injury, long-term complications from brain trauma can ultimately cause death.
- Premises liability. Property owners have a duty to maintain safe conditions. Deaths caused by unsafe property conditions such as inadequate security, structural hazards, or swimming pool accidents can give rise to wrongful death claims.
Florida Legal Requirements for Wrongful Death
Florida’s wrongful death claims are governed by the Florida Wrongful Death Act. This statute creates the right of action and defines who may bring a claim, what damages are available, and the procedural steps required.
Only the personal representative of the decedent’s estate may file a wrongful death lawsuit. Florida law specifies that this individual acts on behalf of the estate and the surviving family members, including the surviving spouse, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the decedent. Understanding who is eligible to bring a suit can be one of the first issues a wrongful death attorney in Tampa may address.
Florida imposes strict deadlines on wrongful death claims, and missing the deadlines can result in a potentially viable case being barred from court. Our lawyers can help you determine whether your potential case is within Florida’s statute of limitations. The statute of limitations for wrongful death in Florida is generally two years from the date of death. When the wrongful death arises from medical malpractice, additional presuit requirements may also apply, making early consultation with a wrongful death lawyer in Tampa even more important.
Important Aspects of a Tampa Wrongful Death Case
Proving the At-Fault Party’s Negligence
A wrongful death case requires the same four elements as any negligence claim: duty, breach, causation, and damages. The plaintiff must prove that the defendant owed a duty of care to the deceased, that the defendant breached that duty, and that the breach caused the death. In wrongful death cases arising from medical negligence, this often requires testimony from physicians in the same specialty who can explain exactly what went wrong and why. In accident-based cases, evidence like police reports, toxicology results, and expert reconstruction analysis may all be necessary to establish fault.
Recoverable Damages for Surviving Family Members
Florida law outlines the types of damages available to survivors. A surviving spouse may recover for loss of companionship, protection, and support. Children under the age of 25 may recover for lost parental guidance. Parents of a deceased child under the age of 25 may recover for mental pain and suffering. The estate can also pursue medical and funeral expenses, as well as lost earnings the decedent would have generated over their remaining lifetime. In cases where the decedent was a primary wage earner, the financial impact on the family can be enormous. An economist is typically retained to calculate the present value of those future losses.
Florida’s Wrongful Death Act contains a significant restriction that applies only to medical negligence cases. Under Florida’s wrongful death statute, children of the deceased who are not under 25, and parents of a child who is not under 25 and unmarried, cannot recover non-economic damages when the death was caused by medical malpractice. This law often referred to as Florida’s “Free Kill” law is a sad and unfortunate reality for people who have lost loved ones due to malpractice, but fall within a legal protection that exists only for healthcare providers.
Wrongful Death Arising From Criminal Conduct
A wrongful death claim is a civil action, separate from any criminal prosecution. Even if the responsible party faces criminal charges, the family can pursue civil damages independently. And even if the criminal case results in an acquittal, the civil claim can proceed. The burden of proof in a civil case is lower than in a criminal one, meaning that families can sometimes recover damages even when the state is unable to secure a conviction. DUI fatalities, assaults, and deaths caused by reckless conduct are all situations where this distinction can become important.
Preserving Evidence After a Loss
Time is not on your side when it comes to evidence. Medical records, accident scene photographs, surveillance footage, witness statements, and employment records may all become harder to obtain as months pass. In cases involving grieving families, it is understandable to delay. But the sooner a wrongful death attorney in Tampa, FL can begin the investigation, the stronger the case can be. Evidence preservation letters, public records requests, and subpoenas can all be issued early to protect the record.
Contact Needle & Ellenberg, P.A.
If your family has lost someone because of another party’s negligence, we are here to help you understand your legal options. Needle & Ellenberg offers free case evaluations for all wrongful death claims in Tampa and throughout Florida. Our staff speaks Spanish for families who prefer it.
Contact us to schedule a consultation. We represent families throughout Tampa, FL and across the state. There is no obligation and no fee unless we recover compensation for your family.