Call Us Today When someone you love dies as a result of another person’s carelessness, it’s emotionally, financially, and even physically painful. The loss of their guidance, love, and just everyday presence is difficult enough.
On top of this, you have expenses that you need to cover while you are in a period of grieving. You don’t have to do it alone. The Cape Coral personal injury lawyers of Viles & Beckman will fight for you.
If you lost a beloved person in your life because someone didn’t uphold a duty of care, our wrongful death attorneys in Cape Coral can use our 40+ years of combined experience to help you. We can review your case, gather evidence, identify all responsible parties, and pursue financial compensation so you can move forward and begin healing.
Types of Wrongful Death Claims
Any death resulting from another person’s negligence can be grounds for a wrongful death claim.
Some of the most common types of accidents that result in wrongful death claims include:
- Car Accidents: When a reckless, impaired, or negligent driver causes a fatal collision
- Truck Accidents: The sheer force of a semi-truck crash often proves catastrophic
- Motorcycle Accidents: Riders lack protection, making fatal injuries more likely
- Pedestrian Accidents and Bicycle Accidents: Pedestrians and cyclists are extremely vulnerable
- Boating Accidents: Fatal injuries from capsizing, collisions, propeller strikes, etc.
- Workplace Accidents: Fatal injuries from machine accidents, falls, toxic exposure, etc.
- Defective Products: Dangerous products with design flaws or manufacturing defects
- Slip and Fall Accidents: Resulting in fatal head/brain trauma or other catastrophic injuries
- Nursing Home Abuse or Neglect: Negligent care leading to premature death
- Premises Liability: Hazardous conditions on another party’s property can lead to fatal accidents
In these devastating situations, the liable parties may include negligent individuals, companies, manufacturers, property owners, or government entities. Our skilled wrongful death attorneys will carefully investigate to determine who should be held accountable and fight for the proper compensation your family deserves during this unimaginable loss.
In addition to these, several causes of death may be eligible for a wrongful death claim. If you are considering filing a claim, it is important to get the legal representation you need. Our wrongful death attorneys in Cape Coral are here to help. Our Florida injury lawyers can answer any questions you may have about the process and help you build your case.
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How Much Time You Have to File a Wrongful Death Claim in Florida
Florida’s statute of limitations states that you have two years from the date of the person’s death to file a wrongful death claim. We recommend that you file as soon as possible to maximize your case’s strength and compensation.
It’s important to know that the statute of limitations may be different depending on the details of your case. When you meet with one of our wrongful death lawyers in Cape Coral, we can tell you exactly how much time you have to file a wrongful death claim in Florida.
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How to File a Wrongful Death Claim
If the decedent did not have a will where someone was named to represent their estate, the court will appoint someone. If no estate exists, the court will open one and appoint a representative. Surviving family members acting as a representative follow a specific order:
- Spouse
- Minor children (under age 25 if there is no surviving spouse)
- Adult children (over age 25 if there is no surviving spouse or minor children)
- Parents (if there is no surviving spouse or children)
- Dependent blood relatives
- Dependent adoptive siblings
- Children born out of wedlock to a mother
- Children born out of wedlock to a father (if it can be shown that the father was responsible for the child)
You and other family members can receive compensation for your loss by filing a wrongful death claim. The civil court will handle your claim since it is not a criminal case. To successfully file a lawsuit for your deceased family member, our legal team will work to prove the following:
- Duty of care: The chosen representative must demonstrate that the person had an obligation of a duty of care to your loved one. Duty of care can include: keeping up with maintenance, removing dangerous chemicals from the area, and in a medical context, following procedure standards.
- Lack of care: The person filing the wrongful death claim must prove that the person failed to provide a duty of care. This can range from unsafe substances on business premises to failure to provide employees with proper training that led to your family member’s death.
- Cause of death: The third thing the estate must prove is that the party’s negligence led to your loved one’s death. Eevidence such as photos of the unsafe conditions or autopsy reports can prove this.
- Monetary Damages: Finally, the person filing the wrongful death action must show that your family member’s death caused financial harm to you and your surviving family members.
Click To ContactDamages You Can Claim in a Wrongful Death Case
You deserve compensation and justice when you lose someone you love to an act of negligence. Compensatory damages can help relieve some of the stress you may feel at this time so you can focus on yourself and your family.
Depending on the details of your case, you may be able to receive damages such as:
- Your beloved’s losses: Even though your loved one has passed away, you can receive damages for the pain they experienced until the time of their death. Some injuries aren’t fatal until days or weeks after the accident.
- Family’s pain and suffering: While it’s not possible to put a dollar amount on the pain you and your family are feeling at this time, you can get compensation for the emotional pain you are going through as you grieve.
- Loss of wages: If the person who passed away was a provider for you and your family, and you are now financially struggling without them, you can receive compensation to help you get back on your feet.
- Medical expenses: Medical bills are always expensive. If your loved one had bills that they couldn’t pay off and you are now struggling to pay them, you might be able to recover damages for them.
- Funeral costs: Funeral expenses and burial expenses are financially and emotionally challenging. The funeral cost doesn’t even include the burial cost, despite its high price.
- Punitive damages: These damages can apply when the responsible party was grossly negligent. They are awarded to punish the negligent party and discourage them from repeating their actions. The compensation you can receive from punitive damages is usually no more than four times your total compensation.
Our Cape Coral wrongful death attorneys understand your pain and will fight to help you recover all the damages you qualify for. We’ll uncover the damages that negligent parties often try to hide.
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How Much Compensation You Can Get in a Wrongful Death Case
The amount of your settlement depends on many factors, and it’s important to know that every case is different. One case could result in a $10,000 settlement, while others could lead to $1,000,000. Your lawyer can help you determine how much you are eligible to receive in damages for your loss.
Some wrongful death lawsuits go to trial, and some settle before trial. If your case goes to trial, it could be longer until you get your settlement because there is a higher level of case examination by different parties.
Since we cannot tell you the exact amount of compensation you may get, we can provide you with an estimation in a free case review. Our personal injury attorneys can review the details of your case, decide if your case is valid, and then give you an estimate of the damages you may be eligible to recover.
Contact a Wrongful Death Law Firm for a Free Consultation
During this difficult time, our lawyers can help you get the compensation you deserve. Our lawyers can help you quickly and efficiently navigate the process to resolve your case and receive the damages you are entitled to.
We’ll be the people who are looking out for your interests when nobody else is. The team at Viles & Beckman has years of experience. Call us to start your free, confidential consultation and begin pursuing justice for your loss.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
