New Port Richey, FL Wrongful Death Lawyer

What This Page Covers:

• Florida's Wrongful Death Act: Florida law allows the personal representative of a deceased person's estate to pursue compensation on behalf of surviving family members when a death is caused by another party's negligence or wrongful conduct.
• Who May Recover: Surviving spouses, children, and parents may be entitled to different types of compensation depending on their relationship to the deceased and the circumstances of the case.
• Available Damages: Families may recover for lost financial support, funeral and medical expenses, loss of companionship, and mental pain and suffering — with specifics determined by the survivor's relationship to the deceased.
• Legal Help: McPherson & Thomas, P.A. guides grieving families through every step of the wrongful death process with compassion, clear communication, and a genuine commitment to justice. Contact us here or call (727) 761-9265 for a free and confidential consultation.

Losing someone you love is one of life's most devastating experiences — and when that loss results from another person's negligence or recklessness, the grief is compounded by a painful sense of injustice. No legal outcome can restore what has been taken from your family. What the law can do is hold the responsible party accountable and provide financial support that helps surviving family members rebuild their lives and protect their future.

At McPherson & Thomas, P.A., our New Port Richey personal injury attorneys handle wrongful death cases with the care and seriousness they deserve. We understand that families coming to us in these moments are not just seeking legal representation — they are seeking someone they can trust during one of the hardest periods of their lives. Our team brings decades of experience, genuine compassion, and a trial-ready approach to every case we accept. There is no fee unless we recover compensation for your family.

What Is a Wrongful Death Claim Under Florida Law?

Under the Florida Wrongful Death Act (Florida Statutes §§ 768.16–768.26), a wrongful death occurs when a person's death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another party. When another party's negligence caused the death, and that same negligence would have supported a personal injury claim had the victim survived, the estate may pursue a wrongful death claim on behalf of surviving family members.

Wrongful death cases in Florida most commonly arise from car and truck accidents, drunk driving accident injury, motorcycle crashes, premises liability incidents, workplace accidents, and fatal medical malpractice. Whatever the circumstances, the legal standard is the same: the responsible party must have owed a duty of care to the deceased, breached that duty, and caused the death that resulted in measurable loss to the surviving family. For a broader overview of what families in Florida need to know about this process, our blog provides a detailed guide on Florida's wrongful death claims.

Who Can File a Wrongful Death Claim in Florida?

Florida's wrongful death statute establishes specific rules about who may file and who may benefit from a wrongful death claim. Understanding these rules matters because mistakes at the filing stage can affect a family's ability to recover. For a detailed breakdown, see our resource on who can file a wrongful death claim in Florida.

The Personal Representative

Under Florida Statute § 768.20, only the personal representative of the deceased's estate may file a wrongful death lawsuit. This person — sometimes called the executor — is either named in the deceased's will or appointed by a probate court if no will exists. While the personal representative serves as the plaintiff in the case, any compensation recovered is distributed to the eligible surviving family members and the estate, not retained by the representative personally.

Who Qualifies as a Survivor

Florida law defines "survivors" as the deceased's spouse, children, parents, and any blood relatives or adoptive siblings who were partly or wholly dependent on the deceased for support or services. The specific damages each survivor may recover depend on their relationship to the deceased and the composition of the surviving family — factors that can be more complex than they initially appear.

It is important to note that Florida's rules differ in medical malpractice cases. Under Florida Statute § 768.21(8), claims involving medical negligence carry additional restrictions on who may recover non-economic damages, which is one of many reasons legal guidance is essential as early as possible in the process.

What Damages Are Available in a Florida Wrongful Death Case?

Florida Statute § 768.21 outlines the damages available to survivors and the estate. The types of compensation recoverable — and by whom — depend on the specific family relationships involved. For a thorough explanation of each category, we encourage families to read our detailed breakdown of the damages available under Florida's wrongful death statute.

Lost Support and Services

Each survivor may recover the value of lost financial support and services from the date of injury through the date of death, plus future losses projected forward from the date of death. In calculating these amounts, courts may consider the deceased's probable net income, the nature of their relationship with each survivor, and the replacement value of services they would have provided.

Loss of Companionship and Protection

A surviving spouse may recover damages for loss of the deceased's companionship, protection, and guidance. Minor children may recover for lost parental companionship, instruction, and guidance. In cases where there is no surviving spouse, adult children may also pursue these damages.

Mental Pain and Suffering

Surviving spouses and minor children may recover for mental pain and suffering caused by the loss. Parents of a deceased minor child may also recover for mental pain and suffering. In cases where there is no surviving spouse or minor children, parents of an adult child may be eligible as well, depending on the circumstances.

Medical and Funeral Expenses

Any survivor who has paid the deceased's medical or funeral expenses may recover those costs directly. These are typically among the first tangible financial losses families experience after a wrongful death, and they are recoverable as part of the claim.

Estate Damages

The deceased's personal representative may recover on behalf of the estate for lost earnings from the date of injury to the date of death, and for the prospective net accumulations the estate reasonably would have accumulated had the wrongful death not occurred. These calculations often require financial expert testimony and careful documentation.

How Long Does a Family Have to File?

Florida Statute § 95.11(4)(d) establishes a two-year statute of limitations for most wrongful death claims, running from the date of the deceased's death. This deadline applies regardless of whether a criminal investigation or proceeding is underway involving the same incident.

Two years may seem like ample time, but in practice it passes quickly. Families dealing with grief, probate proceedings, estate administration, and the practical demands that follow a sudden loss often find themselves approaching the deadline before they have had the opportunity to fully evaluate their legal options. Evidence also becomes harder to preserve and witnesses harder to locate as time passes. We strongly encourage families to contact an attorney as early as possible — even if they are uncertain whether a claim is viable.

Common Causes of Wrongful Death in Pasco County

Wrongful death claims arise in many different circumstances. The cases our firm handles most frequently involve the following:

Car and Truck Accidents

Fatal automobile accidents and truck accidents on roads like US-19 — one of the deadliest corridors in the country — account for a significant portion of wrongful death cases in Pasco County. When a driver's negligence, impairment, or disregard for traffic laws causes a fatal crash, surviving family members have the right to pursue accountability through a wrongful death claim.

Premises Liability

Property owners who fail to maintain safe conditions — from dangerous staircases and inadequate security to unmarked hazards in retail environments — can be held liable when those conditions result in a fatal injury. Florida's premises liability lawyers and laws provide a legal avenue for families whose loved ones died in preventable accidents on another party's property.

Workplace Accidents

Fatalities caused by employer negligence, unsafe job sites, or defective equipment may give rise to wrongful death claims outside the workers' compensation system in certain circumstances. These cases often require careful analysis of Florida's overlapping legal frameworks to determine the best path forward.

Medical Malpractice

When a healthcare provider's negligence causes a patient's death, surviving family members may have grounds for a wrongful death claim under Florida's medical malpractice statute. These cases carry unique procedural requirements and the damage restrictions discussed above, making experienced legal representation particularly important.

How McPherson & Thomas, P.A. Handles Wrongful Death Cases

Every wrongful death case our firm accepts is treated with the gravity it deserves. We begin by conducting a thorough investigation into the circumstances of the death, identifying all liable parties, and preserving critical evidence before it can be lost or destroyed. We work with medical professionals, accident reconstruction experts, financial analysts, and other specialists as the case requires.

We handle all communications with insurance companies on your family's behalf. In our experience, insurers — even in wrongful death cases — frequently attempt to minimize the value of a claim or resolve it quickly for far less than a family deserves. Our attorneys are trial-ready, and insurance carriers know it. That preparation changes the dynamic of every negotiation we enter.

Attorney Scott McPherson's background as a former Pasco County Paramedic-Firefighter, during which he responded to hundreds of serious accidents and injury calls, gives our team an unusually direct understanding of the human cost of fatal or catastrophic injuries. That perspective shapes how we approach every wrongful death case — not as a transaction, but as a responsibility to a family that is counting on us when it matters most.

Our Commitment to Grieving Families

We know that speaking with a lawyer is not the first thing on a family's mind after losing someone. We also know that early action protects a family's legal rights in ways that cannot always be undone later. When you are ready to speak with someone, we are here — and we will listen before we advise.

McPherson & Thomas, P.A. has recovered millions of dollars for injured clients and their families in Pasco County and the surrounding region, including a $3,100,000 recovery for victims and a $2,000,000 lawsuit settlement against a Fortune 500 company. We work on a contingency fee basis, meaning there are no attorney's fees unless we recover compensation for your family. We also offer a 60-day satisfaction guarantee — if you are unsatisfied with our representation within the first 60 days, we will transfer your family's file to another attorney at no cost and with no lien.

To speak with an attorney about a potential wrongful death claim, contact our office online or call us at (727) 761-9265. The consultation is free, confidential, and carries no obligation.