If a friend or loved one dies due to someone’s actions or a failure to act, the victim’s survivors and estate may bring a lawsuit for wrongful death. Survivors are usually the decedent’s spouse, children, or, in certain circumstances, their parents. The survivors may have a right to recover for the loss of the decedent’s support, services, companionship, protection, and, in some instances, pain and suffering.
In this time of grief, it can be difficult and stressful for friends and family members to jump in and help settle the affairs of the recently departed; this time is made more complicated by Florida laws that restrict one’s ability to sue a wrongdoer.
Wrongful Death in Fort Myers?
Contact an Attorney at Garvin Injury Law Today
Wrongful death is a somewhat general term that would apply to the death of a loved one that could have come from a car accident, medical malpractice, defective product, or some other action. There are some more specific pages on our website that may help guide you in this particular area or negligence or wrongdoing.
Regardless of the cause of death or type of negligence that resulted in death, claims in Florida will likely be governed by the wrongful death statute that places a variety of rather complicated time and recovery limitations; most specifically limiting who may be able to act as an agent of the decedent as a personal representative and make a wrongful death claim.
We are happy to answer any questions about the wrongful death laws in Florida and discuss how they would apply to your case. Even more importantly, we can discuss previous cases that we have handled that may be similar to your case, how we went about achieving the results in the prior case, and how we may be able to do the same or better for your case.
To speak to one of our Fort Myers personal injury lawyers, please contact our office at (239) 277-0005 to schedule your free consultation to discuss the assistance that our firm may be able to provide you and your family.
Why Choose Garvin Injury Law?
- Our attorneys understand that no amount of money can fully compensate you for the loss of your loved one, but we also know that recovering compensation can help ease some of the burdens caused by their death.
- We treat every client and every case with respect and dignity.
- We have over fifty years of experience guiding family members through wrongful death claims and helping them get the justice they deserve.
- We have a proven record of recovering the maximum possible client compensation at Garvin Injury Law, and we want to help do the same for you.
What Will a Fort Myers Wrongful Death Attorney Help Me With My Claim?
An experienced Fort Myers wrongful death attorney will help you with your claim in innumerable ways, including:
- Investigating the accident or incident that resulted in your loved one’s death to determine all possible causes and potentially liable parties.
- Work to identify and collect essential evidence to support your claim and to build your strongest case.
- Help ensure all your damages are considered and accurately valued so you know what a fair settlement of your claim would be.
- Negotiate to reach a fair settlement of your claim as quickly as possible.
- Take your case to trial and demand full compensation for your damages when a fair settlement cannot be reached.
These are only a handful of the essential tasks a Fort Myers wrongful death attorney will handle for you. When represented by an experienced, skilled wrongful death attorney, your chances of recovering the maximum possible compensation are significantly greater.
What is a Wrongful Death?
Wrongful death is the intentional or unintentional killing of a person due to the wrongdoing or negligence of another party.
In Florida, when a person suffers a wrongful death, their loved ones or estate have the right to bring a civil action to recover damages sustained because of their death.
A wrongful death action is a civil action and is entirely separate from any criminal charges filed against the person responsible for the death.
To be successful in a wrongful death claim based on negligence, you must prove the existence of four elements:
- The defendant owed a legal duty to the decedent.
- The defendant breached that legal duty by their negligent action or inaction.
- The defendant’s breach of duty caused the death.
- Damages were sustained by the decedent’s loved ones, estate, or the decedent before their death.
Our wrongful death attorneys have the experience, skills, and resources to help prove each element of your wrongful death claim and to help you recover the compensation you are entitled to.
Florida’s Modified Negligence Law
Florida has recently changed its tort laws. One change was to move from a pure comparative negligence standard to a modified comparative negligence standard.
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 the person is 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 your loved one is found to be 30% at fault for the accident or incident that caused their death, and your damages total $100,000, you may still be able to recover $70,000 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 wrongful death claims. The pure comparative negligence rule still applies to medical malpractice claims.
This means that no matter the percentage of fault assigned to the decedent in a medical malpractice wrongful death action, you may still recover compensation from the other at-fault parties. Of course, the compensation will still be reduced by the percentage of fault assigned to the decedent.
Modified negligence is especially prevalent in motor vehicle crash incidents — at Garvin Injury Law, our car accident attorneys in Fort Myers work hard to avoid or minimize any assignment of fault to our clients and to maximize their recovery.
The absolute best in the business! If you’re looking for a lawyer and team that will keep constant contact, fight every step of the way for you, and get you the settlement you need, look no further! Mr. Garvin and his team won me several hundred thousand dollars recently and changed my life forever! Along with his strong position as an attorney, his staff members are top notch, caring, friendly, and there for you! Thank you for everything!
Austin Reynolds
How Long Do I Have to File a Wrongful Death Claim?
A statute of limitations sets the deadline for filing a claim to recover compensation for damages. You will be barred from seeking compensation if you miss your filing deadline.
Under Florida Statute §95.11(4)(d), the deadline for filing a wrongful death claim is two years from the date of death.
There are exceptions to this two-year deadline. To understand your filing deadline, you should consult an experienced Fort Myers wrongful death attorney.
You should contact a wrongful death attorney as soon as possible after the death of your loved one. You need to know whether you have the right to file an action and your filing deadline. However, it is also important to take fast action to help preserve vital evidence that can be lost, destroyed, or diminished over time.
The sooner you contact us, the sooner we can start building your strongest case to help you recover the compensation you are entitled to.
Florida Statutes Section 768.16-768.26 sets forth what is known as the Wrongful Death Act
According to this act, a personal representative of the decedent can recover damages that would be owed to the recently departed if he or she were living. The personal representative can often recover when the death is caused by a wrongful act, negligence, default or breach of contract or warranty of any person, including those occurring of navigable waters. A wrongful death lawyer at our Fort Myers firm can help you determine whether you may have grounds to bring a claim.
The personal representative is able to recover for the benefit of the decedent’s survivors and estate all damages caused by the injury resulting in death.
According to the statute, the personal representative is able to recover damages for the following reasons:
- (1) Survivors can recover the value of lost support/services from injury to death (with interest), plus future losses, based on relationship, income, and life expectancy.
- (2) A surviving spouse may recover for lost companionship and emotional suffering.
- (3) Children may recover for lost parental guidance and emotional suffering. If both parents die within 30 days from the same incident, each is treated as predeceasing the other.
- (4) Parents of a deceased minor (or adult with no other survivors) may recover for emotional suffering as per s. 768.18.
- (5) Survivors who paid medical or funeral costs can be reimbursed.
- (6) The estate can recover lost earnings and future accumulations, plus medical/funeral expenses it paid.
Common Types of Wrongful Death Cases
There are numerous ways a person could suffer a wrongful death. Some of the most common types of Fort Myers wrongful death claims arise from:
- Motor vehicle accidents, including cars, commercial trucks, boats, and motorcycles
- Medical malpractice
- Nursing home negligence and abuse
- Commercial and residential premises liability
- Violent attacks, including domestic abuse
- Dog and other animal attacks
- Work-related deaths
- Product liability due to dangerous or defective products
At Garvin Injury Law, our compassionate attorneys have helped family members recover the maximum possible compensation in numerous types of wrongful death actions. Depending on the facts of your case, you may be able to recover medical expenses, funeral and burial expenses, loss of financial support, emotional suffering, loss of care and companionship, and more.
Contact a Garvin Injury Law Wrongful Death Attorney Today
If you have lost a loved one due to another party’s negligence or wrongdoing, you may be able to recover compensation for damages.
We understand that nothing can compensate you for the loss of your loved one. However, seeking justice and financial compensation can help you move forward after your loss and can help ease some of the burdens caused by your loved one’s death.
Our compassionate Fort Myers wrongful death attorneys have decades of experience walking family members through the wrongful death claim process and helping them recover the maximum possible compensation. We want to do the same for you.
Call (239) 277-0005 or complete the brief form on our contact page to schedule a free consultation to discuss your claim.