Having a loved one pass can be extremely painful, even more so if it’s in the knowledge that it could have been avoided if somebody hadn’t acted negligently or in an intentionally wrongful way. If you have sadly lost a loved one, not only are you left with the grief, but you may also be left with unexpected funeral costs and a fear of the financial future. In the case of an untimely passing, then you, as their family, may be able to file a wrongful death lawsuit that will provide compensation, which can help you in this difficult time. In order to pursue a Fort Myers wrongful death lawsuit, you will need the aid of a wrongful death attorney.
If you have suffered a wrongful death in your family in the Fort Myers or wider South Florida area, then contact The Law Place today. Our team of experienced wrongful death lawyers has 75 years of combined experience in dealing with cases such as your own. We are dedicated to helping families recover financially after the unfortunate passing of a loved one. Contact an attorney on our team to organize a free consultation by calling our toll-free number, (941) 444-4444; phone lines are open 24/7.
What Are Wrongful Death Claims?
Wrongful death is defined by the Legal Information Institute as “a death caused by the wrongful act of another, either accidentally or intentionally.”
Simply put, wrongful death is, unfortunately, a death that could’ve otherwise been avoided because it was caused by a person acting negligently or recklessly. Common causes presented in a wrongful death claim include, but are not limited to:
- Medical Malpractice – Includes a botched surgery, misdiagnosis, negligent anesthesia usage.
- Unsafe Properties – When the unsafe conditions of somebody’s property cause a death, e.g., improper installation of handrails on stairs or balconies.
- A Motorcycle, Truck, or Car Accident – The car accident in question has to have been at the fault of another for a wrongful death case to receive the highest possible payout.
- Workplace Accident – Examples include exposure to hazardous chemicals or poor working conditions.
- Nursing Home Abuse – Abuse of a resident at a nursing home, usually by carers that leads to their untimely passing,
- Slip-and-Fall Accident – Occurs when an individual slips on somebody’s property because of the occupier’s own negligence.
- Defective Product – Includes prescription drugs or a defective medical device.
- Birth Injuries – When medical malpractice leads to the death of an infant.
If you have lost a loved one because of one of these negligent/ reckless acts, or because of an unlisted circumstance, then you may be able to sue the individual who was responsible for their death. This is known as a wrongful death lawsuit. A wrongful death claim can be filed by either the executor of the deceased’s estate or the deceased’s family members (there is a limit on which specific relatives are able to do so).
The Florida Wrongful Death Act, set out in Florida Statute 768.16-768.26, can aid in your understanding as to whether you have a wrongful death case in Fort Myers and any necessary details surrounding the legalities of your case. If you are struggling to understand the details and strength of your case, then contact a Fort Myers wrongful death attorney.
Wrongful death lawyers at The Law Place will be able to explain the Florida civil legal system and what it means for your case. It is best to get in touch with a wrongful death attorney as soon as possible to ensure the best chances for winning your lawsuit. Contact a wrongful death attorney at The Law Place to organize a free consultation, where we can discuss your wrongful death lawsuit and explain all the necessary information so that you can make an informed decision before going ahead.
Who Can File Wrongful Death Lawsuits in Fort Myers, Florida?
The Florida Wrongful Death Act (Section 768.21) outlines how the surviving relatives can claim for compensation following a wrongful death case in Fort Myers. This law expresses that the family of the deceased “may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.”
Simply put, Fort Myers operates under the Florida Wrongful Death Act, this lays out who may file a wrongful death lawsuit in the event of a loved one passing because of negligence, malpractice, or any other type of wrongful act. The following relatives will be able to file a lawsuit and may receive compensation:
- Spouse.
- Children.
- Parents.
- Blood relatives who were dependent on the victim for support or services.
- Adoptive siblings who were dependent on the victim for services or support.
Florida law also states that the exact amount of compensation you deserve will usually be based upon:
- The total value of the deceased’s income.
- The relationship you had with the deceased.
- The total value of the deceased to the survivor, i.e., the emotional and financial loss caused.
As per the Florida Wrongful Death Act, the personal representative of the victim usually must be the plaintiff in a wrongful death lawsuit. Additionally, the personal representative tends to be named in the victim’s will. In the case that the deceased did not have a will or if the will does not name a personal representative, then the court may appoint the surviving spouse as the personal representative. If the deceased did not have a surviving spouse, then the representative will then be chosen by a majority vote of the surviving heirs. If this is not possible either, i.e., the heirs are unable to decide, then the court will then appoint one they feel is appropriate.
Contact The Law Place today to organize a free consultation and discuss your potential wrongful death lawsuit.
What Damages are Available in a Wrongful Death Lawsuit in Fort Myers?
If you have lost a loved one in Fort Myers because of another individual’s recklessness or negligence, then you could be owed compensation via a wrongful death case. Possible damages available following a Fort Myers wrongful death include:
- Loss of Income and/or Retirement Benefits – Relatives may be compensated for the value of lost earnings and retirement benefits. To determine the value of this loss, a personal injury lawyer at The Law Place will review the economic loss that the family will suffer and calculate an accurate sum with economic experts to ensure you receive the necessary compensation.
- Loss of Services – If the victim performed household or care services for the family, then the surviving relatives may be able to receive compensation for the value of said services.
- Medical and Funeral Expenses – In the case of wrongful death, the relatives of the deceased may be able to claim for medical costs incurred resulting from the incident that led to the victim’s death. As well as this, any funeral expenses may be recovered.
- Pain and Suffering – Victim’s family members may also be able to receive financial compensation for any emotional pain and mental anguish caused by the death of their relative.
- Loss of Parental Companionship – In the case that a minor has lost a parent, then they may be entitled to compensation for a loss of parental companionship, instruction, and guidance.
- Loss of Consortium – Loss of consortium covers the loss of a family relationship, including affection or sexual.
- Punitive Damages – Punitive damages are awarded by the court when the case involves intentional, reckless, or grossly negligent acts. They are intended to discourage others from behaving in a similar dangerous way.
If you believe you could be owed any of these damages, then contact The Law Place today. A personal injury attorney at our firm will be able to distinguish what specific damages suit your case and gather evidence to prove what you are entitled to in court.
What Does a Fort Myers Wrongful Death Attorney Do to Help?
Your attorney from The Law Place will be able to take on all unnecessary legal stress on your behalf so your family can focus solely on grieving the loss of your loved one and your own wellbeing.
A personal injury attorney working on a wrongful death case, such as your own, will review the details of your claim in your free consultation to determine as to whether you have a viable claim for compensation under the Florida Wrongful Death Act. This statute describes what is considered to be wrongful death and who can file a lawsuit.
Your personal injury attorney will possibly review any medical records, police records, and accident reports to determine if a wrongful act caused, or at least contributed to, the death of your deceased family member. A wrongful death attorney may also work with any necessary medical experts to determine the cause of death and to aid in establishing as to whether the death would not have occurred if not for the negligent or reckless acts of another.
Fort Myers Wrongful Death Cases Have Time Limits!
Every lawsuit carries with it a specified time limit in which a claim must be filed. This time limit is known as a statute of limitations. This varies between each type of lawsuit. Once this specified time limitation expires, then the courts will no longer have the jurisdiction to punish the negligent individuals and offer suitable compensation to victims, and lawsuits may no longer be filed (except under extreme circumstances).
In the state of Florida, the statute of limitations for filing a wrongful death claim is two years from the date of the loved one’s death. For example, if you experienced a Fort Myers wrongful death on August 18, 2023, you have to have filed a wrongful death claim by August 18, 2025. Failing to do so may prohibit you from ever recovering compensation for your loved one’s passing. It is extremely rare for a case to be accepted by the courts once the statute of limitations has expired.
Consequently, if you’ve lost a loved one in a Fort Myers wrongful death incident, then it is vital you act as quickly as possible and file your claim within two years to ensure you are able to seek wrongful death compensation. Contact The Law Place today if you’ve been involved in a Fort Myers wrongful death case so that you can receive all of the necessary help from a personal injury attorney at our firm. We offer a free initial consultation with a personal injury lawyer on our team so you can understand your legal options, and we can determine the strength of your potential lawsuit.
If you believe you lost a close relative due to a wrongful act of another in the Fort Myers or the surrounding area, then contact The Law Place today. We will be able to organize a free consultation and free case evaluation with a wrongful death lawyer on our team.
Why Should I Choose The Law Place?
Choosing The Law Place is not just about seeking legal representation; it’s about joining hands with a dedicated team that stands by your side through thick and thin. The Law Place embodies a harmonious blend of seasoned experience and fresh perspectives, ensuring that every client receives tailored guidance best suited to their unique circumstances.
From the very first consultation, our commitment to open communication becomes evident. We believe that the more informed our clients are, the more empowered they feel. This is why we prioritize educating our clients about every aspect of their case, ensuring they understand the intricacies of the legal landscape they’re navigating.
Furthermore, our approach to legal representation is rooted in comprehensive research and relentless preparation. We dive deep into every case’s specifics, leaving no stone unturned. Such thorough investigation often allows us to anticipate potential challenges and strategize accordingly, ensuring we’re always several steps ahead.
Ethics and integrity are the bedrock of our practice at The Law Place. We pride ourselves on fostering an environment where honesty reigns supreme. Whether it’s delivering good news or addressing challenges head-on, you can expect unwavering transparency from our team.
What truly sets The Law Place apart, however, is our genuine compassion for our clients. We understand that many come to us during the toughest moments of their lives, seeking not only legal advice but also a pillar of support. Our attorneys and staff are not just your legal allies; we’re your champions, advocates, and confidants. We take the time to understand your story, your aspirations, and your concerns, ensuring that our guidance is not only legally sound but also empathetic and considerate.
In the vast sea of legal representation available, The Law Place emerges as a beacon of trustworthiness, commitment, and unwavering support. Our track record is not merely a testament to our legal prowess but also a reflection of our commitment to stand by our clients every step of the way. When you choose The Law Place, you’re not just getting a law firm; you’re gaining a lifelong partner dedicated to ensuring justice is served.
Fort Myers Wrongful Death Lawyer, FAQ
How much is a wrongful death lawsuit worth in Florida?
The value of a wrongful death lawsuit in Florida varies widely based on the specifics of each case. Factors considered include medical expenses incurred, lost wages, funeral and burial costs, pain and suffering of the deceased prior to death, and the loss of companionship and support for the surviving family members. It’s vital to consult with a Fort Myers wrongful death lawyer to get an accurate estimate tailored to the specifics of your wrongful death accident case.
How long does a wrongful death lawsuit take in Florida?
The duration of wrongful death litigation in Florida can range from several months to several years, depending on the complexity of the case, the number of parties involved, and the amount of evidence to be presented. While some cases might reach a settlement early on, others may proceed to trial, extending the timeline.
How do I sue for wrongful death in Florida?
To initiate a wrongful death suit in Florida, the personal representative of the deceased’s estate must file the lawsuit. If the deceased didn’t designate a personal representative in their will, the court would appoint one. It’s crucial to work with an experienced wrongful death lawyer to ensure that the lawsuit is correctly filed, all potential damages are identified, and the rights of the deceased’s estate and family are protected.
Who is entitled to wrongful death benefits in Florida?
In Florida, surviving family members such as spouses, children, parents, and any blood relative or adoptive sibling who was partly or wholly dependent on the decedent for support or services can be entitled to wrongful death benefits. The exact benefits and distribution depend on several factors, including the relationship to the deceased and the extent of dependence.
Are car accidents a common cause of wrongful death claims in Florida?
Yes, car accidents are among the leading causes of wrongful death claims in the state. Given Florida’s high traffic density and frequent tourism, car accidents can sometimes result in tragic fatalities. Families of the deceased often seek compensation for their losses and suffering caused by such accidents.
Can I claim if the accidental injury deaths occurred at work?
Absolutely. If a loved one suffered fatal injuries at their workplace due to negligence or unsafe conditions, the surviving family members could pursue a wrongful death claim. It’s essential to differentiate between worker’s compensation death benefits and a wrongful death lawsuit, as they serve different purposes and might have different eligibility criteria.
Is there a statute of limitations for filing a wrongful death lawsuit in Florida?
Yes, in Florida, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death. However, there are specific circumstances where this time frame might be extended. It’s always recommended to consult with a lawyer to ensure timely filing and to understand any exceptions that might apply.
What types of damages can be sought in a wrongful death suit in Florida?
Various damages can be sought in a wrongful death suit, including medical and funeral expenses, lost wages and earning potential of the deceased, pain and suffering of the surviving family members, and loss of companionship. Each case is unique, so the potential damages will vary based on the specific circumstances surrounding the wrongful death.
What constitutes wrongful deaths in Fort Myers, and when can a legal claim be filed?
Wrongful deaths occur when a person dies due to someone else’s negligence or a negligent act. In Fort Myers, a legal claim can be filed when the death results from various situations, including car accidents, medical errors, or workplace accidents. This claim seeks to hold the responsible party accountable for their actions.
How does one prove negligence in a wrongful death lawsuit in Fort Myers?
To prove negligence in a wrongful death lawsuit, it must be demonstrated that the responsible party had a duty of care to the deceased victim, breached that duty through their actions or inactions, and directly caused the death. Evidence such as witness testimonies, expert opinions, and accident reports can be crucial in establishing these elements.
Can a wrongful death claim arise from accidental injury deaths?
Yes, a wrongful death claim can arise from accidental injury deaths, such as those resulting from car accidents or falls, especially if these incidents were caused by someone else’s negligence or failure to uphold safety standards.
What is the role of an insurance company in a wrongful death claim?
In many wrongful death cases, the insurance company of the party at fault will be involved. They may offer a settlement to the deceased’s family or estate. However, it is essential to consult with a wrongful death lawyer to ensure that the settlement adequately compensates for the losses and suffering.
How does a Fort Myers wrongful death lawyer navigate the civil litigation process?
A Fort Myers wrongful death lawyer will guide survivors through the entire legal process of civil litigation, from filing the lawsuit to representing them in court. This includes gathering evidence to prove negligence, negotiating with insurance companies, and presenting the case in a way that seeks to achieve justice for the survivor’s death.
Can the emotional impact of a traumatic event like wrongful death be compensated?
Yes, compensation in wrongful death cases can include damages for the emotional anguish and mental suffering of the survivors. This recognizes the profound impact that losing a loved one under tragic circumstances can have on an individual’s emotional and psychological well-being.
What happens to a wrongful death lawsuit if the deceased victim was involved in a workplace accident?
If the deceased victim was involved in a workplace accident, the wrongful death lawsuit would seek to determine if the employer or any third party’s negligence contributed to the accident. If negligence is established, the lawsuit would proceed to hold them accountable, similar to other wrongful death cases involving fatal accidents. Your employer has a legal duty to make sure that you are protected at work.1
How does the decedent’s estate play a role in wrongful death lawsuits?
The decedent’s estate can play a crucial role in wrongful death lawsuits. It may act as the plaintiff, especially when there are no direct survivors or in representing the interests of the deceased in court. The estate may also receive a portion of any awarded compensation, which can then be distributed according to the decedent’s will or state laws.
Contact an Experienced Wrongful Death Lawyer at The Law Place Today
Our team of wrongful death attorneys at The Law Place realizes that no amount of money can ever replace a lost loved one, but it is important you can at least be provided with the legal justice you deserve, and your family can be financially supported following this devastating loss. The compensation provided following a Fort Myers wrongful death lawsuit can provide you with necessary financial help, which can be crucial if your family is struggling to make ends meet without the deceased family member’s income to assist you.
If you have lost a close relative because of a wrongful act, then get in contact with a personal injury attorney at The Law Place today to book a free consultation and case evaluation. Our team of experienced personal injury lawyers operates across the entirety of Florida, not just Fort Myers, and has 75 years of combined experience in working within the Florida legal system. So call us today using our toll-free number, (941) 444-4444; phone lines are open 24/7 for your convenience.