Losing a loved one is one of life’s most difficult experiences. When your loved one is taken because of another person’s negligence or wrongdoing, the anguish can feel unbearable.
At Garvin Injury Law, we understand that no amount of money can bring back your loved one. However, we have witnessed how seeking justice can help empower surviving family members, and that recovering financial compensation can help ease some of the burdens caused by your loved one’s death.
Our compassionate personal injury lawyers in Cape Coral have over forty years of experience protecting the rights of injury victims and their families. Let us walk beside you during this dark time and help you recover the compensation you deserve.
Call our dedicated Cape Coral wrongful death attorneys at (239) 277-0005 or visit our contact page to schedule a free consultation. We will listen to you, answer your questions, explain your rights, and help you take the best next steps.
The Garvin Injury Law Advantage
- We have a proven record of recovering maximum client compensation.
- Our attorneys are compassionate and handle every case with respect and dignity.
- We walk beside grieving family members during their darkest times.
- We pay all costs of pursuing your wrongful death claim, and you only pay us once we have recovered compensation for you.
What is Wrongful Death?
A wrongful death occurs when a person dies because of another party’s wrongdoing or negligence. This claim can be filed by the deceased person’s family members or estate to recover damages suffered because of their injury and death. Wrongful death actions are designed to compensate family members of the decedent rather than to punish the defendant.
A wrongful death action is separate and distinct from any criminal charges that may be filed against the defendant.
How Do Most Wrongful Deaths In Cape Coral Occur?
A wrongful death can happen anytime a person dies due to another person’s negligence or misconduct. Some of the most common types of wrongful death occurrences in Cape Coral result from:
- Car accidents
- Commercial truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Boating accidents
- Aviation accidents
- Bicycle accidents
- Defective product injuries
- Workplace injuries
- Violent attacks, including domestic violence
- Medical malpractice
- Nursing home and elder abuse and neglect
- Animal attacks
- ATV and other off-road vehicle accidents
- Accidental drownings
- Slip and fall accidents
- Amusement park accidents
Our Cape Coral wrongful death attorneys carefully investigate all accidents to help determine all possible causes and all potentially liable parties.
Can I File a Wrongful Death Claim In Cape Coral?
Florida Statutes §768.18 outlines who may bring a wrongful death claim in Florida. While one person will file on behalf of all permitted survivors, the following people may collect damages from a wrongful death action:
- The surviving spouse
- The decedent’s children
- The decedent’s parents
Other family members dependent on the decedent may also have a right to recover damages. You should consult with a wrongful death attorney in Cape Coral to learn whether you have the right to receive compensation for damages caused by the decedent’s death.
How Do You Prove a Wrongful Death Case?
Most wrongful death claims are based on negligence. To be successful in a negligence claim, you must prove the following four elements:
- The defendant owed the decedent a duty of care.
- The defendant breached their duty of care.
- The defendant’s breach of duty caused the decedent’s death.
- Damages were sustained by the decedent before their death, their family, or their estate.
These elements can be challenging to prove. You need the help of an experienced wrongful death attorney to build your strongest case and get the justice and compensation you deserve.
What If My Loved One Was Partially At Fault?
Florida recently changed the law regarding comparative fault in personal injury cases. The new standard applies to cases filed on or after March 24, 2023.
Under Florida’s modified negligence rule, if a person is found to be more than fifty percent at fault in an accident or incident that caused them harm, they are barred from seeking recovery. If they are fifty percent or less at fault, they may still recover damages from the other at-fault parties. However, their compensation will be reduced by the percentage of fault assigned to them.
For example, if the decedent is found to be 20% at fault for the accident or incident that caused their death, and your damages total $100,000, you may still recover $80,000 after their percentage of fault is deducted. It is important to note that this change to a modified comparative negligence rule does not apply to medical malpractice negligence claims.
Our Cape Coral wrongful death lawyers work hard to avoid or minimize any assignment of fault to our clients and to maximize their recovery.
What Compensation Can Be Recovered in a Wrongful Death Action?
Florida Statute §768.21 outlines the damages available to survivors of a wrongful death victim. In a wrongful death claim, you may be able to recover damages for:
- Mental pain and suffering
- Loss of companionship and protection
- Loss of support and services
- Medical bills
- Funeral and burial expenses
- Lost earnings
At Garvin Injury Law, we work hard to recover all compensation owed to our clients.
How Long Do I Have to File?
Your deadline for filing a claim is governed by a statute of limitations. If you miss your filing deadline, you cannot collect compensation for your damages.
The deadline to file a Florida wrongful death action is generally two years. However, there are exceptions to the two-year deadline. You must promptly consult an experienced Cape Coral wrongful death attorney to determine your deadline.
You need to consult a Cape Coral wrongful death attorney quickly to learn your filing deadline and to help preserve and collect important evidence before it is destroyed, lost, or diminished over time. The sooner you contact Garvin Injury Law, the sooner we can start building your case and helping you collect the compensation you deserve.
How a Cape Coral Wrongful Death Lawyer Can Help Maximize Your Recovery
Being represented by an experienced Cape Coral wrongful death attorney increases your chances of recovering maximum compensation for your damages. Some ways your attorney can help you include:
- Investigate the decedent’s accident to help determine its cause and what parties may be liable
- Discovering and preserving evidence to support your claim
- Helping ensure all damages are included and accurately valued
- Help negotiate a fair settlement of your claim as quickly as possible
- Demand full compensation for your damages
Help Protect Your Future By Contacting Garvin Injury Law Today
If you lost a loved one due to another party’s wrongdoing or negligence, you may be able to recover damages. Our wrongful death attorneys in Cape Coral have the skills, resources, and experience to protect your rights and help you recover maximum compensation. Let us help you.
Call (239) 277-0005 or visit our contact page to schedule a free consultation.