Did you lose a loved one as a result of an accident in Fort Myers, FL? Our experienced Fort Myers wrongful death lawyers at Shiner Law Group are ready to help fight for your legal rights and get the compensation you deserve. Call us today at (239) 341-0741 to speak with an attorney for a 100% free consultation.
You may be entitled to seek compensation for medical bills, loss of income, pain, and suffering, and more. Contact our Fort Myers, FL law offices to discuss the legal options that might be available to you following your loved one’s wrongful death. The next steps are very important. Let Shiner Law Group help you with your wrongful death case today.
Did You Lose A Loved One To Wrongful Death in Fort Myers?
Living with a loved one dying after an accident can be difficult. The devastation is compounded knowing they died because of someone else’s negligence. Going back in time to prevent your loved one’s death from an accident is impossible.
However, holding the individual or entity responsible can bring some sense of justice.
According to the Centers for Disease Control, accidents are among Florida’s top five causes of death. Some of these accidents include:
- Car crash
- Motorcycle crash
- Slip and fall
- Defective products
Civil litigation is often the best recourse for families dealing with the sudden death of a loved one. An experienced Fort Myers wrongful death attorney can assess your case to provide honest and comprehensive guidance.
Causes of Wrongful Death in Fort Myers
Under Florida law, wrongful death is defined as negligence, default, breach of contract or the wrongful act of one person that causes the death of another person. As a result, nearly any type of accident that happens because of negligent or wrongful actions is conceivably a wrongful death.
Generally, wrongful deaths are primarily caused by any of the following situations.
Car Accidents
The National Center for Injury Prevention and Control reports that car accidents lead to accidental injury deaths more than any other type of accident. Driving while impaired, being distracted, going above the speed limit, or any other type of negligent behavior can cause injury or even death.
Drownings
Unfortunately, the sunshine state leads the nation in drowning deaths. When someone dies because pool safety measures are not followed properly, it is possible grounds for a wrongful death lawsuit.
Falls
Another leading cause of death is slip and fall accidents. This is especially concerning among the elderly. Dangerous conditions on personal or business property might lead to a fatal fall and a wrongful death case.
Medical Errors
No one seeks medical care for a physical condition with the expectation that an error or malpractice will cause their death. Nevertheless, errors in medication, diagnosis, during surgery and other treatments have led to unexpected deaths.
Product Liability
Although a fatality can occur at any workplace, law enforcement, construction, and transportation are common workplace environments for fatal accidents. You might have a wrongful death case if death was due to lax safety procedures or faulty equipment.
Workplace Accidents
Deciding whether to pursue a wrongful death claim is difficult. The complex feelings you have after a sudden and traumatic event are understandable. You are still grieving the loss of your loved one while realizing their death could have been prevented.
Compensation For Fort Myers Wrongful Deaths
According to Florida’s wrongful death law, a spouse, children, parents, any blood relative, or sibling dependent on the deceased victim is considered a survivor. Dependence could be at least partially financially dependent for support.
As such, the amount of compensation that can be recovered can be a significant monetary award. For instance, each eligible survivor may pursue a legal wrongful death claim.
This amount may cover the projected value of what was lost. Additionally, the amount can cover the date of your loved one’s death to the date of the survivor’s death.
Keep in mind that the statute of limitation to file a wrongful death lawsuit in Florida is within two years of your loved one’s death. To avoid waiving your right to hold the negligent person or entity responsible, you must file to secure your hopes of recovering damages.
Reasons to Consider Pursuing a Wrongful Death Claim
Guidance from a Fort Myers wrongful death lawyer comes with having an advocate who will fight to get the financial compensation you deserve. No money can bring your loved one back, but it can remind the negligent party that your loved one’s life has value.
Pursuing a wrongful death claim can help to:
- Provide resources to give minor children or a surviving spouse financial security
- Offer a sense of closure
- Give justice for the preventable loss of life
- Expose negligence that will hopefully prevent a future wrongful death
The road ahead will be legally and emotionally complicated. However, having a wrongful death attorney on your side helps to ensure your interests do not go unheard.
Standards of Negligence in a Wrongful Death Case
Florida law requires certain standards to prove negligence in a wrongful death claim. Legal representation means you will have a team working on your behalf to ensure a valid claim is filed.
Specific legal standards depend on the wrongful or negligent act that caused the injuries and death. Nevertheless, all wrongful death cases must prove the following:
- The negligent party or entity had a legal duty to protect the victim’s safety. For example, a property owner has the legal duty to keep their property reasonably safe for anyone who visits the property. Healthcare professionals must provide services equal to the standard of care that a reasonably cautious provider in the same field would provide under the same circumstances. Manufacturers must ensure their products are safe to use as intended.
- The negligent party or entity failed to meet its legal duty to protect the victim’s safety. A property owner who fails to repair a dangerous structure and warn visitors of the danger fails to meet their legal duty. The healthcare professional who does not provide quality services at the same level as any other prudent healthcare provider in the same field could be negligent in meeting their legal duty.
- The negligent party or entity caused the victim’s fatal injury by failing to meet their legal duty. Dangerous property conditions that lead to your loved one dying leave the property owner exposed to negligence that caused the death. Likewise, a death that occurs because a healthcare professional did not provide the expected quality of care by other reasonably trained providers could be considered the cause of the victim’s death.
Recoverable Damages in a Fort Myers Wrongful Death Lawsuit
If, after meeting with a Fort Myers wrongful death lawyer, you decide to file a claim, it is good to know what damages are recoverable with your lawsuit.
Under Florida law, the estate of your deceased loved one and survivors can file a claim against the negligent party or entity for damages. Generally, damages awarded to the estate should provide compensation for the occurrence of injuries before your loved one died.
Additionally, compensation in a wrongful death lawsuit covers injuries that were the direct cause of death. Compensation can include several factors. The monetary award is distributed to the estate’s legal heirs and/or beneficiaries.
Damages may include:
- Medical and funeral expenses – any amount paid by the estate. This includes medical expenses for treatment such as surgeries and other medical procedures that your loved one received after the injury. This can be significant if your loved one lived for a period of time after being injured and was treated in a hospital and/or rehabilitation facility.
- Lost wages – this includes any future earnings your loved one could have earned if they were still alive.
- Net accumulation of wealth – value of prospective earnings from the estate if your loved one had lived.
- Pain and suffering – what your loved one went through before dying can be part of this category. You could be awarded monetary damages if physical pain or emotional anguish from how the injuries affected their quality of life.
The emotional effects of your loved one’s untimely death can take a toll on your wellbeing. In addition, you can legally pursue compensation for damages as the survivor. You might be awarded damages to cover:
- Childcare – perhaps your loved one took care of your children. This is now a new expense that you have to pay.
- Home maintenance – perhaps your loved one was the one who repaired things around the house. The expenses that you must now pay someone else to do could become part of your wrongful death lawsuit.
- Home cleaning – losing the person who was the primary caretaker is a huge deal now that you have to find another reliable person to handle these tasks.
- Eldercare – multigenerational families are common, and perhaps your loved one took care of the senior member of your family. Now, eldercare becomes an added expense that compensation in your wrongful death case may cover.
- Loss of companionship – no one can measure the value our loved one brought to your life in terms of advice and emotional support. Losing this sense of protection and support is difficult for you and any other family member, such as minor children. Money will not replace the person you love, but it might ease some of the burdens of dealing with the loss.
Determining the exact amount of compensation can be a complicated process. The losses you have endured do not come with a specific monetary value. This is how an experienced wrongful death lawyer can help.
They will analyze every potential damage to your case and pursue justice with your best interests in mind.
Speak With a Fort Myers Wrongful Death Lawyer Near Me Today
The Shiner Law Group has experience showing how families suffered damages due to a negligent person or entity. While you grieve the loss of your loved one, our Fort Myers wrongful death attorney will handle your case with care.
We will diligently investigate the accident and determine which entity was at fault. We will show that the responsible party failed to follow a duty of care standard that led to your loved one’s death and that you are owed damages for monetary and nonmonetary losses.
Contact us today for a free initial consultation to discuss your case and the next best steps forward to how the person or entity responsible. Call us at (239) 341-0741 or fill out our free case evaluation request below.
