Fort Myers Wrongful Death Lawyers

Lost a Loved One in an Accident?

At Lusk, Drasites & Tolisano, we understand that losing a loved one is one of the most challenging experiences anyone can endure. When the loss is due to someone else’s negligence or misconduct, the pain can be even more profound. Our experienced Fort Myers wrongful death lawyers are here to help you seek justice and secure the compensation you deserve. We are committed to guiding you through this difficult time with compassion and professionalism.

Call (239) 908-4930 or fill out our online contact form today to schedule a free case review.

What is Wrongful Death?

Wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. This type of claim is a civil lawsuit brought by the deceased person's surviving family members or estate to recover damages resulting from the death. Unlike criminal cases, which aim to punish the wrongdoer, wrongful death claims focus on compensating the victims for their losses.

Common causes of wrongful death include:

• Car accidents
• Medical malpractice
• Workplace accidents
• Defective products
• Nursing home abuse
• Premises liability incidents

What Are the Elements to Prove Wrongful Death?

To successfully bring a wrongful death claim in Florida, the following elements must be established:

1. Duty of Care: The plaintiff must show that the defendant owed a duty of care to the deceased. For example, drivers have a duty to follow traffic laws and ensure the safety of others on the road.
2. Breach of Duty: It must be proven that the defendant breached this duty through negligence, recklessness, or intentional misconduct.
3. Causation: There must be a direct link between the breach of duty and the death of the individual. This means proving that the defendant’s actions (or lack thereof) directly caused the fatality.
4. Damages: The plaintiff must demonstrate that the death resulted in quantifiable damages, such as medical expenses, funeral costs, loss of income, and emotional suffering.

Who Can File for Wrongful Death in Florida?

Under Florida law, the following individuals may file a wrongful death claim:

• Surviving Spouse: The spouse of the deceased can seek compensation for the loss of companionship and support.
• Children: Minor children can recover damages for the loss of parental guidance, love, and financial support. Adult children may also be eligible in certain circumstances.
• Parents: If the deceased was a minor child, parents can file a wrongful death claim. In some cases, parents of adult children may also have a claim.
• Other Dependents: Any blood relatives or adoptive siblings who were financially dependent on the deceased may be eligible to file a claim.

Compensation from a Wrongful Death Lawsuit

In a wrongful death case, the types of compensation available can include:

• Economic Damages:
  • Medical expenses incurred prior to death
  • Funeral and burial costs
  • Loss of the deceased’s expected earnings and benefits
  • Loss of inheritance
• Non-Economic Damages:
  • Pain and suffering endured by the deceased prior to death
  • Loss of companionship, protection, and guidance
  • Emotional distress of surviving family members
• Punitive Damages: In cases involving gross negligence or intentional misconduct, the court may award punitive damages to punish the defendant and deter similar behavior in the future.

How Lusk, Drasites & Tolisano Can Help

Navigating a wrongful death claim can be complex and emotionally taxing. Our dedicated Fort Myers wrongful death lawyers at Lusk, Drasites & Tolisano are here to provide you with the legal support and guidance you need. We will:

• Conduct a thorough investigation to gather evidence and build a strong case.
• Work with experts, such as medical professionals and accident reconstruction specialists, to establish liability.
• Handle all legal paperwork and communications with insurance companies on your behalf.
• Advocate for your rights in court to ensure you receive the full compensation you deserve.

To request a free consultation, contact us today at (239) 908-4930.