Cape Coral Wrongful Death Attorneys

FIghting For Those Who Have Lost Loved Ones Due to negligence in Florida

Our compassionate wrongful death lawyers at Lusk, Drasites, & Tolisano represent families who have lost loved ones because of someone else's negligence. Surviving spouses and family members can take legal action against wrongdoers and pursue compensation.

Florida laws, however, contain particular rules about these wrongful death cases. If you have suffered the loss of a loved one, retaining a wrongful death attorney as soon as possible can help you preserve your legal rights. 

Call Lusk, Drasites & Tolisano today at (239) 908-4930 or contact us online to schedule a meeting with our wrongful death lawyers in Cape Coral!

Common Causes of Wrongful Death 

Wrongful death claims occur when someone loses their life due to another party’s negligence or intentional actions. In Cape Coral, these wrongful death claims often stem from:

• Motor Vehicle Accidents: Car, motorcycle, and truck accidents caused by negligent drivers.
• Medical Malpractice: Failures in diagnosing conditions, surgical errors, or other negligent medical care.
• Workplace Accidents: Fatalities due to unsafe working conditions or defective equipment.
• Defective Products: Deaths resulting from dangerous or defective consumer products.
• Premises Liability: Fatal injuries from slips, falls, or other accidents on someone else's property.
• Criminal Acts: Deaths caused by assaults, robberies, or other violent crimes.

Understanding the cause of wrongful death is crucial in building a solid case and ensuring the responsible parties are held accountable. 

Filing a Wrongful Death Claim in Florida

In Florida, wrongful death claims provide a pathway for survivors to seek financial compensation when a loved one’s death is caused by negligence or other wrongful acts. These laws aim to ease the financial burden on families by allowing them to recover damages that the deceased would have been entitled to claim if they had survived. Below are key steps and considerations when filing a wrongful death claim in Cape Coral:

• Eligibility to File: A wrongful death claim can be brought by a surviving spouse, children, or other family members who depended on the deceased for financial or emotional support. To initiate the claim, a personal representative must be appointed to act on behalf of the estate and the surviving family members. Additionally, other financial dependents or members of the decedent's household may have rights under special circumstances which our legal team can clarify during consultations.
• Role of the Personal Representative: The personal representative is responsible for filing the lawsuit and presenting evidence to establish the elements of negligence, including:
• Duty of Care: Establishing that the defendant was legally obligated to act responsibly toward the deceased.
• Breach of Duty: Proving that the defendant did not fulfill their responsibility to act with the required level of care.
• Causation: Proving that the defendant’s breach directly caused the wrongful death.
• Damages: Documenting the financial and emotional losses suffered as a result of the death. These damages can include immediate costs, such as medical and funeral expenses, as well as long-term impacts, including the loss of future earnings and companionship.
• Transition from Personal Injury to Wrongful Death: If a person dies while a personal injury lawsuit is ongoing, the case must be paused to allow for the appointment of a personal representative. The existing personal injury claim can then be amended to a wrongful death claim, allowing the survivors to pursue compensation for the death. Our attorneys work diligently to streamline this transition, ensuring the family's rights are preserved throughout this difficult time.
• Critical Deadlines: There are strict deadlines associated with wrongful death claims in Florida. If a party passes away, a motion to substitute the deceased with a personal representative must be filed within 90 days of the death. Missing this deadline can result in the dismissal of the case, cutting off the survivors' ability to seek legal recourse. The knowledge of these deadlines is vital, and we ensure every timeline is met to safeguard potential settlements or judgments owed to our clients.

Given the complexities and time-sensitive nature of wrongful death claims, working with a skilled wrongful death attorney is crucial. A knowledgeable attorney can help ensure that all procedural requirements are met, the correct representative is appointed, and the family’s rights are protected throughout the legal process. 

What Damages Can Be Recovered in a Wrongful Death Claim?

Surviving family members may be entitled to recover various damages in a wrongful death claim. In Florida, these damages aim to compensate for both financial and emotional losses, including:

• Medical Expenses: Costs associated with the medical care the deceased received before passing.
• Funeral and Burial Expenses: Compensation for reasonable funeral and burial costs.
• Lost Wages and Benefits: Income the deceased would have earned if they had lived.
• Loss of Support and Services: The value of the support, guidance, and household contributions the deceased would have continued to offer.
• Loss of Companionship and Protection: Emotional losses suffered by the surviving spouse or children.
• Mental Pain and Suffering: Non-economic damages for the emotional distress experienced by the survivors.

Calculating the appropriate amounts can be a complex process, and it may require an assessment of the decedent’s earnings and life expectancy. 

What is the Statute of Limitations for a Wrongful Death Claim in Florida?

In Florida, wrongful death claims must be filed within a certain period, known as the statute of limitations. Generally, this period is two years from the date of death. Failing to file a wrongful death claim within this timeframe can result in losing the right to seek compensation.

Specific circumstances could affect the statute of limitations, such as cases involving hidden causes of death or claims against government entities. To confirm your wrongful death claim is filed correctly and on time, it's crucial to consult with a wrongful death attorney who understands Florida’s legal requirements. 

Why Choose Us?

At Lusk, Drasites & Tolisano, we understand the local legal landscape and comprehensively grasp the nuances affecting wrongful death claims in Florida. Our longstanding commitment to the Cape Coral community means that we bring dedication and local insight that can be pivotal in approaching your legal challenges effectively. We work closely with clients, guiding them through the intricate legal framework with compassion and professionalism. Our priority is to offer support while aggressively pursuing justice and compensation for our clients.

Our approach emphasizes personalized attention and bespoke strategies tailored to fit each client's unique needs. From the initial consultation through resolving your wrongful death claim, we coordinate closely with you to ensure every step reflects your goals and safeguards your rights. Our diligent investigation processes, thorough document reviews, and strategic negotiations with opposing parties reflect this dedication.

Frequently Asked Questions About Wrongful Death 

How Do I Know if I Have a Valid Wrongful Death Claim?

To understand whether you have grounds for a wrongful death claim in Cape Coral, it's crucial to assess the circumstances of the death to determine if negligence or wrongful conduct was involved. This involves evaluating the duty of care, breach of that duty, causation linking the breach to the death, and quantifiable damages experienced by the survivors. Our attorneys meticulously analyze these factors, factoring in local statutes and past precedents to assess claim validity. Consulting with us helps clarify these complex elements and identify potential paths forward, ensuring the claim stands on solid legal ground.

How Long Does the Wrongful Death Claim Process Take?

The duration for resolving a wrongful death claim in Cape Coral varies based on case complexity and specific circumstances. Some claims resolve in a few months, while others may take several years, mainly if litigated in court. Factors influencing duration include the need for expert testimony, the complexity of the evidence, and negotiations with insurers. At Lusk, Drasites & Tolisano, we emphasize maintaining clear communication with our clients, providing regular updates and realistic timelines throughout the process to manage expectations and sustain informed decision-making.

How Are Future Losses Calculated in a Wrongful Death Claim?

Future losses in a wrongful death claim, such as lost earnings and benefits, are calculated meticulously. In Cape Coral, this involves evaluating the deceased’s life expectancy, career trajectory, and potential future contributions to their family and community. Our legal team collaborates with financial experts to project these losses accurately, ensuring that compensation reflects the loss's economic and personal impact. By conducting comprehensive assessments, we seek to maximize our client's recovery to secure their financial future after the profound disruption caused by their loved one's passing.

What Should I Bring to a Consultation With a Wrongful Death Lawyer?

When meeting with a wrongful death lawyer, it’s helpful to bring documentation to substantiate the wrongful death claim. This includes any police reports, medical records, a death certificate, and financial records demonstrating incurred expenses or lost income. A list of potential witnesses and relevant insurance information can also be beneficial. This proactive approach aids our legal team in assessing your claim's merits efficiently and provides a solid foundation to start legal proceedings. Thorough preparation can significantly enhance the initial stages of building a compelling wrongful death claim on your behalf.

What Are Some Common Misconceptions About Wrongful Death Claims?

Common misconceptions about wrongful death claims often include the belief that they are unnecessary if criminal proceedings are underway or that they can be pursued at any time. In truth, a wrongful death claim is a separate civil action with its timeline and objectives, focusing on compensation rather than punishment. Additionally, the breadth of recoverable damages is often underestimated. Our legal team strives to correct these misconceptions by providing clear, accurate information and guidance. By demystifying wrongful death claims, we empower our clients to make informed decisions for themselves and their families.

Contact Our Cape Coral Wrongful Death Lawyers Today

Pursuing a wrongful death claim is a crucial step in seeking justice and securing the compensation your family needs to move forward after the loss of a loved one. Each case is unique, and navigating the legal complexities requires a comprehensive understanding of Florida’s statutes. At Lusk, Drasites & Tolisano, we are dedicated to providing compassionate legal support and committed representation for families in Cape Coral facing the devastating impact of wrongful death. If your loved one’s death was caused by the negligence of another person or business, contact our wrongful death attorneys for a consultation to discuss your potential claims and protect your legal rights. 

Contact Lusk, Drasites & Tolisano today to schedule a meeting with our wrongful death attorneys in Cape Coral!