Wrongful death occurs when someone dies due to another party's negligence, intentional wrongdoing, or a defective product. Florida law allows surviving family members to pursue compensation for financial losses, lost companionship, and future contributions. Butash Law Group has served Tampa Bay families in these cases for over 30 years.
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Under Florida law, a wrongful death claim arises whenever a person dies as the result of another party’s negligence, intentional misconduct, or a defective product. Common causes include medical malpractice, truck accidents, auto accidents, and defective medications. The state’s purpose is clear: to shift the financial burden of that loss away from grieving families and onto the responsible wrongdoer. Because wrongful death is a civil matter, not a criminal one, the standard of proof is lower, meaning a defendant can be acquitted criminally yet still be held financially liable in a wrongful death lawsuit arising from the same event.
A successful wrongful death case in Florida can recover compensation for a wide range of losses, including the deceased’s projected future financial contributions, household services they would have provided, and deeply personal losses such as companionship, guidance, and protection. While punitive damages are reserved for rare egregious circumstances, the civil system offers surviving family members a meaningful path to justice and financial stability. If you lost a loved one due to someone else’s wrongful act anywhere in the Tampa Bay area, Butash Law Group is ready to help you understand your rights.
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★★★★★ Call Butash Law Group at (813) 341-2232 to schedule a no-cost consultation. An attorney will listen to the circumstances of your loss and give you an honest assessment of your potential wrongful death claim.
The legal team conducts a thorough investigation, collecting accident reports, medical records, witness statements, and expert opinions. Preserving evidence early is critical to building a strong wrongful death case.
Attorneys carefully calculate all recoverable losses, including lost future income, household services, medical and funeral expenses, and non-economic damages such as loss of companionship and guidance.
Butash Law Group presents a comprehensive demand to the at-fault party's insurer and negotiates firmly for a settlement that fully reflects your family's losses. No settlement is accepted without your informed approval.
If a fair resolution cannot be reached outside of court, the firm is fully prepared to file suit and advocate for your family before a Florida judge or jury. Your case receives the same dedication at trial as it does at the negotiating table.
Butash Law Group proudly serves wrongful death clients throughout Pasco, Hillsborough, Hernando and Pinellas counties, including Lutz, Wesley Chapel, Land O’ Lakes, Dade City and Tampa, bringing over 30 years of local legal experience to families when they need it most.
Butash Law Group represents Tampa Bay clients across a full range of legal matters.
In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased person's estate on behalf of the surviving family members. Eligible survivors typically include a surviving spouse, children, and parents. In some cases, other blood relatives or adoptive siblings who were partly or wholly dependent on the deceased may also recover damages.
Any incident that would have supported a personal injury lawsuit had the victim survived can form the basis of a wrongful death claim. Common examples include car accidents, commercial truck accidents, medical malpractice, defective products or medications, workplace accidents, and premises liability incidents. The key requirement is that another party's negligence or wrongful act caused the death.
Florida law allows surviving family members to recover a broad range of damages, including the deceased's lost future earnings and benefits, the value of lost household services, medical and funeral expenses, and mental pain and suffering. A surviving spouse may also recover for loss of companionship and protection, while minor children may recover for lost parental guidance and nurturing.
A wrongful death lawsuit is a civil matter, entirely separate from any criminal prosecution. The standard of proof in a civil case is a 'preponderance of the evidence', meaning it is more likely than not that the defendant was at fault, which is significantly lower than the 'beyond a reasonable doubt' standard used in criminal court. This is why a defendant can be found not guilty in a criminal trial yet still be held financially responsible in a civil wrongful death action arising from the same event.
Florida's statute of limitations for wrongful death claims is generally two years from the date of the deceased person's death. Missing this deadline can permanently bar your family from recovering any compensation, so it is important to consult with an attorney as soon as possible. Certain circumstances, such as claims against government entities, may involve even shorter notice requirements.
No. Florida wrongful death law does not require proof of intentional harm. Negligence, the failure to exercise reasonable care, is sufficient to establish liability. This means that accidents caused by careless drivers, inattentive medical professionals, or manufacturers of unsafe products can all give rise to a valid wrongful death claim even when no one intended to cause injury.
Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit in Pinellas and Pasco Counties, where he prosecuted everything from misdemeanors to the most serious felonies. Today he uses that insider experience to defend clients across Tampa Bay. With more than three decades of practice, lead counsel in over 40 jury trials, and thousands of cases handled, Mike brings the kind of courtroom judgment that only comes from years on both sides of the aisle.
40+ jury trials as lead counsel | 30+ years practicing | Thousands of cases
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