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The sudden and unexpected loss of a loved one is one of the most devastating experiences a family can endure, especially when that loss is caused by the negligence of another party.
In such tragic circumstances, families have legal options to seek justice and compensation through civil litigation. A Fort Myers wrongful death lawyer can help you through the complex legal process and help families recover financial damages to rebuild their lives.
At Viles and Beckman, our Fort Myers personal injury lawyers are committed to supporting families during this difficult time and fighting for the justice they deserve.
The Reasons to Pursue Wrongful Death Litigation
Our Fort Myers wrongful death attorneys advocate for financial compensation on behalf of the surviving spouse, minor children, or parents. No amount of money will ever be able to replace a future that is now irrevocably altered.
Instead of planning their next family function together, the survivors are faced with planning a funeral. The decision to initiate a wrongful death claim is a difficult one, and grief can take a heavy toll.
The legal process associated with a wrongful death lawsuit is complicated, and the road to recovery is not easy. That being said, a wrongful death lawsuit can:
- Restore a sense of purpose and organization to a family unit
- Provide necessary resources to allow for a sense of financial security
- Provide a modicum of closure
- Pursue justice for the loss of a life
- Expose the defendant’s negligence and help prevent future wrongful deaths
Our attorneys can investigate, pinpoint the cause, identify the liable parties, and pursue the maximum compensation on your behalf.
Expect More, Receive More: Legal Support That Feels Like Family
What Constitutes Wrongful Death?
Wrongful death occurs when an individual loses their life due to the negligent, reckless, or intentional actions of another person or entity.
This legal concept allows surviving family members to seek compensation for their losses from the liable party through a wrongful death civil lawsuit.
To establish a wrongful death claim, it must be demonstrated that the responsible party had a duty of care, breached that duty, and that the breach directly resulted in the death of the individual. Common elements of a wrongful death legal claim include:
- Duty of Care: The responsible party owed a duty of care to the deceased.
- Breach of Duty: The party failed to meet that duty through negligent or wrongful actions.
- Causation: The breach directly caused the death.
- Damages: The surviving family members suffered damages as a result of the loss.
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Most Common Causes of Wrongful Death
Here are some of the most common causes of wrongful death:
Car Accidents
Car accidents, truck accidents, and motorcycle accidents are some of the leading causes of wrongful death. Negligence, such as distracted driving, speeding, or drunk driving, can lead to fatal collisions.
Medical Malpractice
When healthcare providers fail to meet the standard of care, resulting in a patient’s death, it can constitute medical malpractice. This includes surgical errors, misdiagnoses, or improper treatment.
Workplace Accidents
Fatal accidents can occur in various work environments due to unsafe conditions, lack of proper training, or equipment failure. Employers may be held liable for wrongful death under workplace safety regulations.
Product Liability
When defective products cause fatal injuries, manufacturers, distributors, or retailers can be held accountable. This includes issues like design flaws, manufacturing defects, or inadequate warnings.
Premises Liability
Property owners have a duty to maintain safe environments. Fatal accidents due to hazardous conditions, such as slip and falls or lack of security, may result in wrongful death claims.
Criminal Acts
Intentional actions, such as assaults or homicides, can lead to wrongful death claims. In these cases, the responsible party may face criminal charges alongside civil liability.
Drowning and Recreational Accidents
Drownings and accidents during recreational activities, such as boating accidents or swimming, can also lead to wrongful death claims, particularly when negligence or lack of supervision is involved.
Understanding what constitutes wrongful death and the common causes can help families recognize their legal options and seek justice for their losses.
If you believe you have a claim for damages after the unexpected death of a loved one, consulting with an experienced Fort Myers wrongful death attorney can provide guidance and support during this difficult time.
Click To ContactWho Is Considered a Survivor
In Florida, a deceased individual’s spouse, children, parents, or any blood relative or adoptive sibling dependent on the deceased for either support or services may file a wrongful death claim.
Florida law defines survivors as spouses, children, and parents of the deceased. In addition, any blood relative or adoptive sibling can be considered a survivor if they are at least partially financially dependent on the deceased for support.
In some cases, the amount of financial recovery can be significant. Consider the following:
- Each eligible survivor may seek monetary compensation for the projected value of lost support and services from the date of the deceased’s death to the date of the survivor’s death.
- The surviving spouse can recover the value of any lost services and loss of economic support, especially if the deceased was the primary wage earner.
- The spouse can also ask for compensation for loss of companionship and protection, as well as for pain and suffering.
- Children under the age of 25, and all children if there is no surviving spouse, under the law, may recover for loss of parental companionship, instruction, guidance, and mental pain and suffering.
- Each parent of a deceased minor child may recover financially for mental pain and suffering.
- Medical and funeral expenses directly related to the decedent’s injury can be recovered by the survivor who paid them.
All of the personal injury attorneys at Viles & Beckman understand the time immediately following the death of a child, spouse, or parent is stressful and wrought with confusion.
If you have unanswered questions about your rights and your recovery, we are here to help, and we take our responsibilities seriously.
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What Should You Consider When Projecting the Value of Lost Support and Services
Although most wrongful death cases will settle without ever having to go before a jury, when determining the projected value of monetary damages at Viles & Beckman, our planning strategies cover all the bases.
We leverage our combined backgrounds and experience to develop a case strong enough to tip the scales in our favor during settlement negotiations and compelling enough to convince a judge and jury that this grievous loss deserves maximum financial consideration.
Every case is unique, and every individual’s future needs should be carefully analyzed and taken into consideration. In projecting the value of lost support and services in a wrongful death accident case, it all matters, and it all makes a difference.
Our accident lawyers consider the following when calculating your economic and non-economic damages:
- The current age and projected life expectancy of all qualifying survivors
- The number of years until all minor children become adults
- The estimated life expectancy of the decedent
- The projected lifetime earning potential of the decedent
- The possibility of any future increased needs of any dependents
- The probability the decedent would have financially helped any of the survivors based on previous contributions
Wrongful Death Damages
When a loved one’s life is tragically cut short due to another’s negligence, no amount of money can make up for such a profound loss.
However, pursuing wrongful death litigation allows families to obtain a financial award to help cope with the extensive monetary losses and emotional impacts.
Compensatory damages that may be recovered in a successful wrongful death claim can include:
Medical Expenses
Reimbursement for all medical care costs related to the final injury or illness that resulted in death, such as emergency transport, hospitalization, surgeries, doctor visits, medications, medical equipment, etc.
Funeral and Burial Costs
Payment for all reasonable funeral home, cremation, burial plot, headstone, and other final services expenses.
Loss of Income/Future Earnings
Compensation for the deceased’s projected future income, benefits, inheritance, and/or the loss of their expected future earnings over their expected lifetime if they had survived.
Loss of Services
Value of household services and support the deceased can no longer provide, such as childcare, yard work, home repairs, transportation, running errands, etc.
Loss of Consortium
For spouses, compensation for loss of love, companionship, intimacy, affection, and the intangible benefits of marriage they can no longer experience.
Emotional Distress
Compensation for families for the psychological impacts of grieving and emotional anguish suffered from the tragic loss of their loved one.
Loss of Parental Guidance
For children, damages to compensate for loss of the instruction, guidance, moral training, and protection their parent can no longer provide.
Punitive Damages
In some cases involving willful or egregious misconduct, additional punitive damages may be awarded to punish the liable party and deter similar negligence.
An experienced wrongful death lawyer evaluates each family’s unique circumstances to accurately calculate their full range of economic damages and non-economic hardships.
While money cannot reverse tragedy, it provides critical financial support as families rebuild their lives.
The Ties That Bind
Relationships matter. When placing a value on a survivor’s potential financial compensation, in the court of public opinion as well as in a Florida courtroom, the relationship a survivor had with the deceased most definitely will be taken into consideration by a jury and especially by the insurance adjusters investigating the case.
Things such as past infidelity, previous separations, divorce proceedings, and family discord can make a significant difference in the total amount of money awarded.
We advise potential clients to be completely forthcoming about relationship problems. There may be mitigating circumstances that can prevent perception from becoming reality in the eyes of a judge and jury.
Do Not Make the Insurance Adjuster’s Job Easier
When a substantial payout is possible, the claims adjuster for the defendant will contact the surviving family.
Families are under no obligation to take telephone calls, answer emails or texts, or give a recorded statement to anyone, except the deceased’s personal life insurance company.
Every detail the insurance company can glean from a conversation with a survivor can be used to undermine a case. Defer any and all contact with the defendant’s insurance company to your wrongful death attorney in Fort Myers.
How Long Do I Have to File a Wrongful Death Claim?
In the aftermath of losing a beloved family member, the grieving process can make days blur together as life feels anything but normal. However, from a legal standpoint, there is a strict window of time to file a wrongful death lawsuit in Florida.
The Florida statute of limitations, or time limit, for pursuing a wrongful death civil action is generally two years from the date of the deceased’s passing. This two-year filing deadline applies in most cases of accidental death caused by negligence.
It’s crucial to initiate the claim process as soon as possible and not wait until approaching this two-year statute of limitations. Building a strong wrongful death case requires a thorough investigation that should begin immediately after the fatal incident occurs.
Contact A Fort Myers Wrongful Death Law Firm For A Free Consultation
While no amount of money can ever replace a lost loved one, pursuing a wrongful death claim can provide families with a sense of justice, closure, and financial security during an unimaginably difficult time.
The Fort Myers wrongful death attorneys at Viles & Beckman are committed to guiding families through this process with unwavering dedication and support.
Although initiating a claim cannot undo tragedy, it can expose negligence, provide accountability, and help pave the way for healing. Contact us for a free, confidential consultation – we’re here to advocate for you.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
