Reviewed by Andrew Needle and Andrew Ellenberg
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.
Wrongful Death Statistics in Tampa, FL
Every wrongful death claim in Tampa, FL starts with a loss that did not have to happen. Nationally, accidents rank among the leading causes of death, with close to 197,000 people lost to unintentional injuries in a recent year, according to CDC mortality data. Roadways drive much of that total. More than 44,000 people died in motor vehicle crashes across the country in 2023, over 120 every single day, per federal transportation safety data. Florida reports some of the highest crash and fatality numbers in the nation year after year, and the Tampa Bay area sees its share thanks to dense traffic and steady tourism. Fatal outcomes also happen in hospitals, on construction sites, and inside nursing homes. Behind each number is a family learning to live without someone they love.
What Steps Should I Take After Losing a Loved One to Negligence in Tampa?
The days after a sudden death pass in a fog. When you feel able, a few practical steps can protect your family’s legal options without adding pressure. You do not need every answer up front. A wrongful death lawyer in Tampa can carry the rest once you reach out.
- Take care of yourself and your family first. Grief comes before paperwork. Lean on relatives, close friends, and any counseling or support services that help you get through the first weeks. The legal process can wait a little while you steady yourselves, and nothing about a claim requires you to have your feet fully under you.
- Gather the records that document the death. A certified death certificate becomes the backbone of any claim, and the medical examiner may determine the cause of death in cases that call for it. When a death follows medical care, hospital charts and physician notes matter too. Deaths that trace to a surgical error or a missed stroke often turn on records created in the hours surrounding the event, so those files are worth requesting early.
- Keep everything in one place. Hold on to bills, letters from insurers, employment records, and anything connected to the person you lost. A single folder or box is enough. These documents can support both the financial and the personal sides of a claim later, and having them together saves time when the case moves forward.
- Be careful with insurance adjusters. An adjuster may call within days, sometimes sounding sympathetic and eager to help. You are not required to give a recorded statement or sign a release, and doing either early can quietly limit what your family recovers. It is reasonable to say you will respond after speaking with a wrongful death attorney in Tampa, FL.
- Watch the calendar. Florida gives families a limited window to bring a claim, and the clock generally starts on the date of death rather than the date of the underlying injury. Cases built on medical negligence can carry added presuit steps, which take time to complete. Reaching out early leaves room to do the work properly instead of racing a deadline.
- Confirm who can bring the claim. Florida routes a wrongful death case through the personal representative of the estate, who acts for the surviving family rather than for one person alone. Relatives sometimes assume anyone can file. Understanding what a wrongful death claim involves can clear that up before it turns into a setback.
- Speak with a wrongful death attorney in Tampa. An early conversation lets a lawyer send evidence preservation letters, request public records, and begin building the case while memories are still fresh.
Tampa Wrongful Death Lawyer FAQs
How much does it cost to hire a Tampa wrongful death lawyer?
Our firm handles wrongful death cases on a contingency basis, so you owe no legal fees unless we recover compensation for your family. There are no hourly bills and no charges to get started. This contingency fee arrangement lets families pursue a claim during a stretch when money is often already tight. We explain every term in plain language before you decide whether to move forward.
Is the initial consultation really free?
Yes. Needle & Ellenberg, P.A. offers free case evaluations for every wrongful death matter in Tampa, FL. You can ask questions, share what happened, and learn where things stand at no cost and with no obligation to hire us. Our staff speaks Spanish for families who prefer it. Nothing about that first meeting commits you to anything.
How long do I have to file a wrongful death claim in Florida?
Florida generally allows two years, and the clock usually starts on the date of death rather than the date of the injury that caused it. Cases involving medical negligence can add presuit requirements that take time to satisfy. Because a missed deadline can end an otherwise strong claim, it helps to speak with a wrongful death lawyer in Tampa sooner rather than later.
Who is allowed to file the lawsuit?
Florida law places the case in the hands of the personal representative of the estate, who acts on behalf of the surviving family. Beneficiaries can include a spouse, children, parents, and dependents. Cases that involve the death of a child, including losses linked to a birth injury, follow this same structure. If you are unsure where you fit, a lawyer can walk you through it.
Florida law identifies who qualifies as a survivor and what damages each survivor may seek. The answer depends on the person’s relationship to the deceased and, in some cases, dependency, age, and the type of negligence involved.
What is a wrongful death claim worth?
No two claims carry the same value, and anyone promising a number early is guessing. Worth depends on the financial losses a family faces and the personal losses that follow a death. Factors like the person’s age, earnings, and role at home all play a part. If you want a sense of what your case is worth, we can review the specifics together.
What damages can my family recover?
Florida allows recovery for both economic and non-economic losses. Economic losses can include lost support and services, medical bills tied to the final injury, and funeral costs. Non-economic losses cover the harder-to-measure harm, such as lost companionship and guidance. The common damages in these cases vary with each family’s circumstances, and an economist is often retained to value future losses.
Can a hospital or doctor be held responsible for a death?
They can. When a death follows an anesthesia complication, a missed diagnosis, or another lapse in care, the providers involved may be liable. A hospital can also bear responsibility separate from an individual physician. These cases require a physician’s supporting opinion under Florida law before they can proceed.
Should I talk to a lawyer if the insurer already offered a settlement?
An early offer is worth a careful look before you accept it. Adjusters sometimes present a quick number that falls short of what a family may be owed, and a signed release can close the door for good. A wrongful death lawyer in Tampa, FL can weigh the offer against the full picture of your loss. There is no cost to have someone review it first.
Local Information for Tampa Wrongful Death Cases
A wrongful death case in Tampa often draws on local offices for records, findings, and support. The resources below can help families during the early weeks, whether you need a death certificate, a report, or simply someone to talk to.
What Are Important Local Resources for Tampa Wrongful Death Cases?
- Hillsborough County Medical Examiner, (813) 914-4500. Determines the cause of death in certain cases and prepares autopsy reports that can matter in a claim.
- Tampa Police Department non-emergency line, (813) 231-6130. Handles incident and crash reports for events within the city.
- Florida Department of Health in Hillsborough County, (813) 307-8002. Issues certified death certificates for deaths in the state from 2009 to the present.
- Crisis Center of Tampa Bay, dial 211 or (813) 964-1964. Offers free, confidential grief and trauma support around the clock.
Needle & Ellenberg, P.A. is not affiliated with these organizations and does not endorse them. We list them only as a convenience for families.
About Needle & Ellenberg, P.A.
Founding partners Andrew Needle and Andrew Ellenberg have represented Florida families in serious injury and death cases for decades, and both belong to the Florida Justice Association and the American Bar Association. Our firm keeps a Tampa office by appointment and has secured verdicts and settlements in medical negligence and fatal-injury cases across the state.
What Our Clients Say
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“If you ever feel like you are in a dark place, and you feel that something wrong happened with your love one and need help to correct it and feel that they were treated unfairly and missed informed. I would 1000 percent recommend this firm!! They helped me with my father after a horrible life event happened to him and I’m forever grateful for them !! They guided me and answered all my questions and concerns! They are amazing and I’m blessed that they helped my family!!”
– Julie Dreams
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Contact Needle & Ellenberg, P.A.
If your family lost someone because another party failed to act with reasonable care, our firm is ready to listen. Needle & Ellenberg, P.A. offers free case evaluations for wrongful death claims in Tampa, FL and throughout the state, and we work on a contingency basis, so there are no fees unless we recover compensation for your family. A first conversation is a chance to ask questions and understand your options, nothing more. Our staff speaks Spanish, and our Tampa office is available by appointment. Contact us to talk with a wrongful death attorney in Tampa when you are ready.