Fort Myers Wrongful Death Lawyer

Losing a loved one is always devastating, and it can be even more painful when their passing could have been prevented if not for someone else’s negligence or wrongful actions.

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, a wrongful death is one that could have been prevented if not for someone’s negligent or reckless behavior.

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.

Biggest Causes of Wrongful Death in Lee County

In Lee County, several factors lead to wrongful deaths, affecting families and communities deeply. By understanding these causes, we can better address safety and accountability issues.

• Traffic-Related Fatalities – In 2023, Lee County experienced 120 fatalities in car accidents. Of these, 44 deaths (approximately 36.7%) were linked to drugs, alcohol, or a combination, highlighting the persistent dangers of impaired driving and the urgent need for stricter road safety measures
• Workplace Accidents – Statewide in Florida, 307 fatal work injuries were reported in 2022, with transportation incidents and falls, slips, and trips leading the causes. Given Lee County’s strong presence in industries like construction and transportation, workplace safety remains a critical concern.
• Malpractice – Medical errors, including misdiagnoses, surgical mistakes, and medication mishaps, contribute to wrongful deaths across Florida. While Lee County-specific data is unavailable, this remains a frequent source of wrongful death claims in the region.
• Boating and Recreational Accidents – With Lee County’s proximity to water, boating and recreational accidents are a significant risk. Florida consistently ranks as one of the states with the highest number of boating fatalities, often caused by operator inattention and alcohol use.

These causes emphasize the importance of vigilance and accountability in preventing unnecessary loss of life. For families dealing with the aftermath of a wrongful death, understanding these statistics and trends can help frame their pursuit of justice and compensation.

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.

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 appoint one they feel is appropriate.

What Damages Are Available in a Successful Wrongful Death Claim?

Florida law 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 a result, 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?

An attorney from The Law Place will handle the legal complexities of your case, allowing your family to focus on grieving and healing during this difficult time.

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 wrongful death lawsuit is subject to a specific time limit, known as the statute of limitations, within which a claim must be filed. In most cases, once this period expires, the courts can no longer take action against the negligent party or award compensation to the victim’s family – except in rare circumstances.

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. We offer a free initial consultation with one of our personal injury attorneys, so you can understand your legal options, and we can determine the strength of your potential lawsuit.

Why Should I Choose The Law Place?

Choosing The Law Place means partnering with a team of experienced attorneys who are committed to standing by your side during life’s most challenging moments. With a blend of legal expertise, ethical advocacy, and compassionate support, The Law Place is more than just a law firm – it’s a dedicated ally in your pursuit of justice.

Our team includes some of Florida’s most accomplished attorneys. For instance, AnneMarie Rizzo, a former Assistant State Attorney and one of Florida’s few attorneys certified as a Forensic Lawyer-Scientist, brings unparalleled expertise in evidence analysis and courtroom advocacy. Her ability to dissect complex cases and challenge forensic evidence has proven invaluable in winning favorable outcomes for clients.

David A. Haenel, named State DUI Prosecutor of the Year, provides exceptional legal acumen honed from years of experience handling both prosecution and defense. His insight into the tactics used by opposing counsel allows him to anticipate challenges and build robust strategies that protect our clients’ interests.

By working collaboratively, our attorneys bring a diverse skill set to every case. This teamwork ensures that your case benefits from multiple perspectives, creative solutions, and thorough preparation.

Personalized and Compassionate Representation

At The Law Place, we understand that no two cases—or clients—are the same. From your very first consultation, we focus on understanding your story and the unique circumstances surrounding your case. Whether you’re dealing with a wrongful death, personal injury, or criminal defense matter, our attorneys take the time to listen and offer tailored advice.

We also recognize that legal challenges often come during the most difficult periods of your life. That’s why compassion is at the heart of what we do. You’re not just another case to us—you’re a person with hopes, fears, and loved ones depending on the outcome. We strive to offer not only exceptional legal representation but also the emotional support you need to move forward with confidence.

Transparency and Integrity

We believe that trust is the foundation of a strong attorney-client relationship. At The Law Place, you can expect honesty and transparency every step of the way. Whether we’re discussing your options, outlining potential outcomes, or addressing challenges, our communication is always clear and straightforward.

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.

Can I claim if the wrongfyl death 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.

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.

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.

Resources for Families Coping with a Wrongful Death in Fort Myers

Losing a loved one due to wrongful death is an emotional and challenging experience that can leave families feeling overwhelmed. Fortunately, Fort Myers offers various resources to support families during this difficult time, ranging from emotional counseling to legal assistance.

1. Grief Counseling and Support Groups

• Valerie’s House – A Fort Myers-based nonprofit that provides children and families with grief support programs. They offer group counseling and activities to help families navigate the pain of losing a loved one.
  • Website – www.valerieshouse.org
  • Phone – (239) 204-5804
• Hope Healthcare – Offers grief counseling for families and individuals coping with the loss of a loved one. Their trained professionals provide both one-on-one and group counseling services.
  • Website – www.hopehcs.org
  • Phone – (239) 482-4673

2. Financial Assistance and Support

• United Way of Lee, Hendry, and Glades Counties: Provides a range of programs, including financial counseling and emergency assistance for families dealing with unexpected financial burdens, such as funeral costs.
  • Website – www.unitedwaylee.org
  • Phone – 211 or (239) 433-3900

3. Funeral and Memorial Services

• Lee Memorial Park – A trusted funeral home and cemetery in Fort Myers offering compassionate services for families planning funerals and memorials.
  • Website – www.dignitymemorial.com
  • Phone – (239) 334-4880

4. Legal Support and Advocacy

• The Law Place – Provides compassionate and experienced legal assistance for families pursuing wrongful death claims. Their attorneys are available 24/7 to answer your questions and help you seek justice for your loved one.
  • Phone – (941) 444-4444
  • Website – https://www.thelawplace.com/

5. Emotional Support for Children

• Kids’ Minds Matter – A resource offering mental health support for children who may be struggling with the emotional impact of losing a family member. They provide access to therapists and specialized counseling services.
  • Website – www.kidsmindsmatter.com
  • Phone – (239) 343-5890

6. Victim Advocacy

• Florida Crime Victim Compensation Program – Offers financial assistance to victims of violent crimes, including families of wrongful death victims. This can help cover expenses like medical bills, funeral costs, and lost income.
  • Website – www.myfloridalegal.com
  • Phone – (800) 226-6667

These resources are here to provide comfort, guidance, and practical support as you navigate this challenging time. Whether you’re seeking counseling, financial assistance, or legal help, Fort Myers has a network of organizations dedicated to supporting families affected by wrongful death.

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.