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 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 is a Wrongful Death Case in Fort Myers, FL?
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 a Wrongful Death Lawsuit 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.
We’re Florida’s top litigation team with over 75 years of combined experience
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.
From the initial call to updates on your case status, we are here to get you answers.
Your Fort Myers Wrongful Death Case Has a Time Limit!
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, as set out in Florida Statue 95.11. For example, if you experienced a Fort Myers wrongful death on August 18, 2014, you have to have filed a wrongful death claim by August 18, 2016. 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.
Contact The Law Place Today!
Our team 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.