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Last reviewed: November 2026
Fort Myers Wrongful Death Lawyers
No verdict brings back the person you lost. But when a death was caused by someone's negligence — a crash on I-75, a preventable fall, a reckless driver on US 41 — Florida law gives the family the right to hold them accountable and to secure the family's financial future. Shiner Law Group's Fort Myers wrongful death attorneys carry that fight with the compassion your family deserves — and no fee unless we win.
Losing Someone to Negligence in Fort Myers — What the Law Provides
Florida's Wrongful Death Act (sections 768.16–768.26, Florida Statutes) exists for one reason: when negligence takes a life, the loss should fall on the wrongdoer — not on the surviving family. The Act allows recovery for the survivors' losses: the support and services the deceased provided, the companionship and guidance now gone, the family's medical and funeral expenses, and the mental pain and suffering of qualifying survivors.
The Act has strict mechanics that families should understand early. The claim is filed by the personal representative of the estate on behalf of the estate and the survivors — not by each family member separately. “Survivors” is a defined term: the spouse, children, parents, and certain dependent relatives, each with distinct recoverable damages. And the deadline is short: generally two years from the date of death.
Shiner Law Group handles these cases the way they deserve: thorough investigation of the fatal event, preservation of every source of evidence, identification of all liable parties and insurance coverage, and steady, compassionate guidance for a family navigating the worst season of its life. Our results include a $1.5 million recovery for the family of a pedestrian killed by a speeding delivery truck. You pay nothing unless we win.
No upfront cost, ever. Every case is handled on a strict contingency fee. Call (239) 341-0741 for a free, confidential consultation, available 24/7.
Why Fort Myers Clients Choose Shiner
A Compassionate Conversation, Whenever You're Ready.
Evidence disappears quickly — camera footage is overwritten, skid marks fade, and witnesses move on. Call now for a free case review, available 24/7.
What to Do After a Fatal Accident in Fort Myers
The steps you take in the first hours and days can make or break your claim.
Focus on Your Family First
Nothing here is more urgent than your family's grief and wellbeing. When you're ready, we handle everything else.
Preserve Documents and Information
Keep the crash or incident report number, medical records, funeral expenses, and any correspondence from insurers - unanswered.
Do Not Speak With Insurers
Insurance companies sometimes approach grieving families quickly with lowball settlements. Sign nothing - a release ends all claims forever.
Identify the Personal Representative
Florida requires the claim be brought by the estate's personal representative. We guide the family through this appointment step by step.
Gather Survivor Information
The spouse, children, parents, and dependents each hold distinct claims under the Act. We identify every survivor's rights.
Call Shiner Law Group
(239) 341-0741. A free, private, compassionate consultation - by phone, by video, or at your home. No obligation.
Who responds matters: depending on where it happened, the report may come from the Fort Myers Police Department, the Cape Coral Police Department, the Lee County Sheriff’s Office, or the Florida Highway Patrol (I-75 and state highways). We obtain the right report and the evidence behind it.
The Florida Wrongful Death Act: How It Works
Sections 768.16 through 768.26, Florida Statutes, define who may recover and what.
Who Files the Claim
The personal representative of the estate brings one action on behalf of the estate and all survivors. Survivors include the spouse, children, parents, and dependent blood relatives — each with legally distinct damages.
What Survivors Recover
Lost support and services, loss of companionship and protection (spouse), loss of parental companionship and guidance (children), mental pain and suffering for qualifying survivors, and medical and funeral expenses paid by survivors or the estate.
The Estate's Claim & Deadline
The estate recovers lost earnings and net accumulations the deceased would have left, plus expenses. The deadline is generally two years from the date of death — shorter than most injury claims, with limited exceptions.
How Fatal Accidents Happen in Lee County
Lee County’s fatal crashes concentrate where speed, volume and vulnerability meet: I-75’s high-speed traffic, dark arterials like US 41 and SR 80, and corridors where pedestrians and riders share the road with distracted drivers. FLHSMV reports 123 traffic deaths in Lee County in 2024.
Whatever took your loved one — a vehicle, a property hazard, a negligent act — we investigate it fully and pursue every responsible party.
Interstate 75
High-speed and truck-involved fatal crashes through Lee County
US 41 & SR 80
Busy arterials where nighttime pedestrian and motorcycle deaths occur
DUI & Reckless Driving
Impaired and street-racing drivers — cases where punitive damages may also be available
Truck & Commercial Vehicle Crashes
Fatal collisions involving semis and delivery fleets, with federal regulations and larger policies in play
Premises & Drowning Deaths
Fatal falls, negligent security shootings, and pool drownings on unsafe properties
Workplace & Industrial Incidents
Third-party claims that can proceed alongside workers' compensation death benefits
Fatal Crashes in Lee County
The latest full-year state crash data for Lee County. Lee County ranked 7th among Florida’s 67 counties for total crashes.
Source: Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Traffic Crash Facts Annual Report 2024, county crash and injury history tables. Figures are for the full calendar year 2024.
Survivors Under the Wrongful Death Act
- The surviving spouse — companionship, protection, and mental pain and suffering
- Children — lost parental companionship, instruction, and guidance
- Parents of a deceased child — mental pain and suffering as provided by the Act
- Dependent blood relatives and adoptive siblings — lost support and services
- The estate — lost earnings, net accumulations, and expenses
What Can You Recover?
Lost Support & Services
The financial support and household services the deceased provided each survivor
Companionship & Guidance
The spouse's loss of companionship; the children's loss of parental guidance
Mental Pain & Suffering
For qualifying survivors as defined by the Act
Medical & Funeral Expenses
Paid by survivors or the estate due to the injury and death
The Estate's Losses
Lost earnings and the net accumulations the deceased would have left
Punitive Damages
Where death resulted from gross negligence — DUI, recklessness — punishment damages may be pursued
How Insurance Companies Handle Injury Claims — and How We Respond
Insurance companies are businesses, and adjusters are trained to limit what they pay. These are the tactics we see most often in Lee County claims — and each one has an answer.
Recorded Statements
Adjusters often ask for a recorded statement early, before your injuries are fully known. What you say can be used to dispute fault or the severity of your injuries.
Quick, Low Offers
An early offer may arrive before you know the full cost of treatment, lost income and future care. Once you accept and sign a release, the claim is closed.
Shifting Blame
Under Florida’s 50% rule, every percentage point of fault matters. Insurers may argue you were careless, distracted or partly responsible.
Disputing Treatment
Gaps in care, missed appointments or delayed treatment are often used to argue your injuries are minor or unrelated to the accident.
Pre-Existing Conditions
Prior injuries or degenerative changes may be blamed for your pain. Florida law allows recovery when an accident makes an existing condition worse.
Delay
Slow responses and repeated document requests can pressure injured people into settling. Florida law sets claim-handling duties that insurers must meet.
Social Media Review
Photos and posts may be reviewed and taken out of context. Keep your accounts private and avoid posting about the accident.
Policy Limits
The at-fault driver’s coverage may not be enough. We look for every available policy, including umbrella coverage and, in vehicle cases, your own uninsured/underinsured motorist coverage.
The most important thing to know: when you file a claim, the insurer opens a file and starts building its position right away. Shiner Law Group levels this from day one. Call (239) 341-0741 before giving any insurer a statement.
Shiner Law Group — $500M+ Recovered for Injured Floridians
That figure is the aggregate of recoveries across our Florida practice since 2002. Every case is different, and past results do not guarantee future outcomes — what matters is how your case is investigated, valued, and pressed.
across Florida
since our founding
4.9-star average
Why Fort Myers Injury Victims Choose Shiner Law Group
Real Case Valuation
We calculate all damages — current and future, economic and non-economic — not just the obvious bills. No element of your claim is left on the table.
Insurance Leverage
We counter delay tactics and lowball offers with evidence, expert analysis, and the credible threat of trial.
We Come to You
No office visit needed. We meet Fort Myers and Lee County clients by phone, by video, at home, or in the hospital, anywhere in the county.
No Win, No Fee
Zero upfront cost, no retainer, no consultation fee. Our fee comes from the recovery, so our incentive matches yours.
David Shiner has represented injury victims throughout Florida since 2002, and his firm has recovered more than $500 million for injured clients and their families. Every case is handled on a strict No Win, No Fee basis. Call (239) 341-0741 for a free, confidential consultation.
Serving Fort Myers & All of Lee County
Shiner Law Group does not have an office in Fort Myers. We represent Fort Myers and Lee County clients with free consultations by phone or video and home or hospital visits on request. Call (239) 341-0741, 24/7.
Fort Myers Wrongful Death Questions Answered
Who can file a wrongful death claim in Florida?+
How many people die in traffic crashes in Lee County?+
How long do we have to file?+
What compensation can our family recover?+
The insurance company already offered us a settlement. Should we take it?+
What does a wrongful death lawyer cost?+
The death happened at work. Do we still have a claim?+
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Shiner Law Group has recovered more than $500 million for injured Floridians. No Win, No Fee. Free consultation available right now, 24/7.