Losing a loved one in a sudden, tragic, preventable accident is one of life’s most distressing experiences.

Beyond unimaginable grief, families often face financial stress and complex legal procedures.

That’s where a Wesley Chapel wrongful death lawyer at Distasio Law Firm steps in—helping families seek the deserved accountability, while respecting their need for time and space.

Determining Who Can File a Wrongful Death Claim in Florida

Florida’s Wrongful Death Act (Florida Statutes §§ 768.16–768.26) clearly defines who may recover compensation. Typically, these parties can pursue damages:

  • Surviving spouse
  • Children (minor and adult if there is no surviving spouse)
  • Parents
  • A dependent blood relative
  • Dependent adopted children

A personal representative—appointed by the court—must file the lawsuit on behalf of the estate and the survivors. This ensures damages are distributed according to the law.

At Distasio Law Firm, our attorneys review every situation carefully, explaining your family’s eligibility and options in plain language. Even if a criminal case is underway against the wrongdoer, you still retain the right to pursue a separate civil wrongful death claim for compensation.

Compensation Available in a Wesley Chapel Wrongful Death Case

Recoverable damages vary depending on your relationship to the deceased, but often include:

  • Funeral, burial, or cremation expenses
  • Final medical expenses for treatment before death
  • Loss of companionship, guidance, and support
  • Emotional pain and suffering
  • Lost household income and services the deceased provided

Valuing Intangible Losses

While some damages, like funeral bills, are straightforward, others, such as loss of guidance or emotional suffering, don’t come with receipts.

Florida law (§ 768.21) allows survivors to claim these non-economic damages, and our firm works with financial and psychological experts to make sure these losses are fully represented. A wrongful death lawsuit lawyer from Wesley Chapel, FL, can explain precisely which damages apply in your case and how they are calculated.

No Upfront Fees—We’re Paid Only If You Win

Distasio Law Firm handles wrongful death cases on a contingency fee basis. You won’t pay anything up front. We only collect fees if we secure a settlement or verdict on your behalf. This ensures our goals are fully aligned with yours: achieving justice.

Types of Wrongful Death Cases We Handle

Wrongful death claims can arise from many forms of negligence, including:

  • Medical malpractice and surgical errors
  • Nursing home neglect or abuse
  • Slip and fall accidents
  • Fatal auto accidents in Wesley Chapel (car, truck, motorcycle, or pedestrian)
  • Dangerous or defective products
  • Workplace accidents involving unsafe equipment
  • Medication errors or mislabeled drugs

If you are unsure whether negligence contributed to your loved one’s death, speaking with a Wesley Chapel wrongful death attorney can provide you with the clarity you need to move forward.

Proving Wrongful Death in Florida

To succeed, a wrongful death lawsuit must show that:

  1. A death occurred.
  2. The death resulted from negligence, recklessness, or intentional wrongdoing.
  3. Surviving family members suffered measurable damage.
  4. A personal representative is appointed to act for survivors.

Evidence may include:

  • Medical records and treatment history
  • Surveillance footage or photographs
  • Witness statements
  • Employment records showing lost earnings
  • Expert testimony on safety standards or medical care

Our attorneys gather and present this evidence while you focus on what is absolutely critical: focusing on you and your family.

How Distasio Law Firm Supports Families Like Yours

We know wrongful death cases are not about the money—it’s about families seeking the justice and accountability they need, and here’s how we’re ready to help:

  • Provide honest case evaluation from the very start
  • Handle all communication with insurers and defense lawyers
  • Track deadlines and file required documents
  • Keep you updated regularly so you’re never left wondering what is going on

Our client-first philosophy means you’ll always feel heard and supported.

Florida’s Deadline for Wrongful Death Lawsuits

Florida law sets a two-year statute of limitations for wrongful death actions. (Fla. Stat. § 95.11(4)(d)). Missing this deadline typically bars any recovery.

While two years may sound like a lot of time, early action strengthens your case by preserving evidence and witness testimony. A Wesley Chapel fatal accident lawyer can begin gathering all of this critical evidence quickly, so that your family does not miss the chance to pursue deserved justice.

Hear From Families We’ve Helped

When you come to Distasio Law Firm, you are guaranteed legal service with our personal touch. We take the time to understand your case, and we will go the extra mile to represent you. We are proud to serve our personal injury clients, which we have been doing for more than 30 years.

The Distasio Difference is offered to everyone who enters our doors looking for legal help. Here’s what our past clients say about working with us.

  • Thanks for all your help and guidance through this difficult period. You and your staff have been very professional, knowledgeable and thoughtful. – The Estate of Barbara Belloise-King
  • The Distasio Law Firm did a tremendous job with my lawsuit. The staff was very helpful with any questions and concerns that I had. Leslie and Jennifer were great to work with. I would strongly recommend the Distasio Law Firm to anyone who needs their service. – Don Navin, Tampa
  • The Distasio Law Firm made the entire process stress free. I was updated throughout the process, and was assured they were handling everything. Everyone was very nice and professional. I even recommended them to my co-workers who were in need of representation. – Erica Russell, Tampa

A Wesley Chapel Wrongful Death Attorney Can Help You Seek Justice

When you work with a nearby Wesley Chapel wrongful death lawyer at Distasio Law Firm, we handle all the logistics and negotiations in your case, giving your family time and space to mourn the loss of your loved one. If another party is responsible for the wrongful death of your loved one, you have the right to pursue compensation. For a personal touch and a client-first approach, call Distasio Law Firm today so we can start working for you.

Common Questions About Wrongful Death Claims in Florida:

Faq
Can I file a wrongful death claim if there was no will or personal representative named?

Yes—even if the deceased did not leave a will or name a personal representative, Florida law allows the court to appoint a personal representative (sometimes called an executor) to file a wrongful death lawsuit on behalf of eligible survivors. The personal representative handles legal formalities and ensures that compensation is fairly distributed among surviving family members.

To prove intangible damages like loss of companionship or emotional suffering, you’ll typically need testimony (surviving family members), expert opinions (psychologists or psychiatrists, if needed), and documentation that shows the relationship and how the loss has impacted family life. Medical records, journals, personal statements, photos, or affidavits from friends/witnesses can all support these claims.

There is no fixed timeframe, but most wrongful death cases take anywhere from 12 to 24 months to resolve, depending on complexity. Simpler cases with fewer parties may settle in under a year; ones involving medical malpractice, multiple defendants, or significant disputes may take longer. Factors such as evidence gathering, expert review, negotiation with insurers, and whether a trial is required all affect the timeline.

If multiple parties are legally liable (co-defendants), you can seek compensation from all of them. Florida law allows liability to be apportioned among defendants based on their share of fault. Even if one party cannot pay, others may. Your wrongful death lawsuit must identify all those responsible to maximize recovery.

Loss of income from the date of injury to death” refers to earnings the deceased would have made between when they were injured and when they died. “Future loss of support” means earnings and services the deceased would have provided to survivors after death, converted to present value. Florida law (Statute § 768.21) allows for both types of losses to be included in calculating damages.

OUR OFFICES

Our main office is here in Downtown Tampa, Florida in the Channelside neighborhood. Offices in Wesley Chapel and Largo are available by appointment only.

Distasio Law Firm
N/a