Few things in life are as painful as the death of a spouse or family member. The pain can be even greater knowing that the death was the result of someone’s irresponsible or careless actions.
If your loved one has recently died in an accident, you should speak to a Fort Myers personal injury lawyer immediately. The team at Blakeley Law Firm can help you file a wrongful death claim to recover compensation for your financial losses and emotional suffering.
No amount of money can bring a loved one back. But with our help, you can secure the financial stability needed to heal and move forward in life. We’ve recovered over $250 million in verdicts and settlements. Contact our offices today to speak to a wrongful death lawyer in Fort Myers.
Why You Need a Wrongful Death Lawyer in Fort Myers
The aftermath of a wrongful death can be tremendously difficult, especially if you are dealing with financial strain.
The personal injury lawyers from Blakeley Law Firm know how to investigate accidents and gather evidence needed to prove a wrongful death. We can manage the entirety of your claim from start to finish, giving you space to focus on important things in life.
If we cannot come to a satisfactory agreement with insurance companies, we are unafraid to take your case to court in a formal lawsuit. We will not hesitate to use every available strategy to balance the scales of justice and restore your losses to the greatest possible extent. You can count on our Fort Myers wrongful death lawyers to protect your rights and interests.
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Wrongful Death Definition in Florida
Florida law defines a wrongful death as any death that is caused by the wrongful act, negligence, default, or breach of contract of another person. You can think of a wrongful death lawsuit as a personal injury lawsuit that the deceased would have filed if they had survived their injuries.
Any situation where a person dies, and another is legally at fault, can be grounds for a wrongful death lawsuit. Below are some hypothetical examples that could justify making a wrongful death claim:
- A drunk driver runs a stoplight and crashes into another vehicle, killing the driver.
- A hotel patron falls off a balcony that lacks sufficient guardrails to stop falls.
- A construction worker is killed by faulty safety equipment.
- A doctor fails to diagnose obvious signs of cancer, and it becomes fatal.
- A nightclub fails to provide adequate security, and a patron is killed in a violent altercation.
Note that a wrongful death claim is different from a homicide criminal charge. Not all wrongful deaths are crimes, and criminal prosecution is separate from the civil process of a wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit in Fort Myers?
In many states, the deceased’s surviving family members or legal heirs can file a wrongful death claim. However, in Florida, only the deceased’s personal representative, as named in their will, can initiate legal proceedings. If the deceased has no representative, the court will assign one to manage their affairs.
Compensation You Can Pursue in a Wrongful Death Lawsuit
There are two types of compensation, or damages, that one can recover in a wrongful death claim. The first is damages that are awarded to the family. These are meant to compensate the deceased’s family for losses they suffered due to the death, including:
- The value of lost financial support and household services
- The loss of companionship and guidance
- Emotional pain and mental suffering
- Loss of parental affection
- Medical and funeral expenses paid by family members
The second is damages that are meant for losses the deceased’s estate incurred, such as:
- Lost wages, benefits, and other employment compensation before death
- The lost value of future earnings the deceased would have continued to make if they were alive
- Medical and funeral expenses paid by the deceased’s estate
Wrongful death settlements are paid as either a single lump sum or a structured settlement of regular payments.
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Time Limit for Filing a Wrongful Death Lawsuit in Fort Myers
Florida Statutes 95.11 gives you the same amount of time to file a wrongful death lawsuit as personal injury claims, two years. The two-year counter starts counting from the date of death, which may be different from the date of the original incident. The main exception is that wrongful death claims for intentional crimes (e.g., murder or assault) can be initiated at any time.
Two years is not a significant amount of time, especially when considering how much work goes into building a strong wrongful death claim. A personal injury lawyer from Blakeley Law Firm can ensure that you meet all filing deadlines and initiate your claim promptly, reducing the chances of payment delays or denials.
Contact a Fort Myers Wrongful Death Lawyer From Blakeley Law Firm
Wrongful death claims are emotionally fraught and legally complex, which makes working with an experienced lawyer all the more important. The team at Blakeley Law Firm has recovered over $250 million for deserving clients and can put our skills and knowledge to work for you.
Send us a message online or call today to speak to a Fort Myers wrongful death lawyer.
