Naples Wrongful Death Attorney

Helping Loved Ones After a Preventable Tragedy in the Greater Naples Area

The unexpected loss of a loved one is an unimaginable tragedy, and when that loss is caused by someone else’s negligence or wrongdoing, it can leave families struggling to cope with both emotional and financial burdens. At Lusk, Drasites & Tolisano, we understand the profound pain and confusion you may be experiencing. As experienced Naples wrongful death attorneys, we are here to help you seek justice and obtain the compensation your family deserves.

Call (239) 908-4930 today to find out what our Naples wrongful death lawyers can do for you.

What is Wrongful Death?

Wrongful death occurs when a person dies due to the negligent, reckless, or intentional actions of another party. Unlike criminal cases, which focus on punishing the wrongdoer, wrongful death claims are civil lawsuits designed to provide compensation to the deceased person’s survivors. These claims can arise from a variety of situations, including:

• Car accidents caused by negligent drivers
• Medical malpractice resulting in fatal injuries
• Workplace accidents due to unsafe conditions
• Defective products causing fatal harm
• Acts of violence or criminal behavior

A wrongful death claim seeks to hold the responsible party accountable for their actions while providing financial relief to the surviving family members.

In order to prevail in a wrongful death lawsuit, specific legal elements must be proven. These include:

1. Duty of Care: The defendant had a legal obligation to act in a manner that ensured the safety and well-being of others. For example, drivers have a duty to follow traffic laws and operate vehicles safely.
2. Breach of Duty: The defendant failed to meet their duty of care through negligence, recklessness, or intentional misconduct.
3. Causation: There must be a direct link between the defendant’s breach of duty and the victim’s death. This means that the wrongful actions of the defendant directly caused the fatality.
4. Damages: The surviving family members have suffered measurable losses as a result of the death, such as medical expenses, funeral costs, lost income, and emotional suffering.

Who Can File for Wrongful Death in Florida?

In Florida, the personal representative of the deceased person’s estate is responsible for filing a wrongful death lawsuit. This individual is typically named in the deceased’s will or estate plan. If no such designation exists, the court will appoint a personal representative.

The lawsuit is filed on behalf of the deceased’s surviving family members, who may include:

• Spouses
• Children
• Parents
• Other blood relatives or adoptive siblings who were financially dependent on the deceased

Compensation from a Wrongful Death Lawsuit

A successful wrongful death claim can provide compensation for a variety of losses. These may include:

• Economic Damages:
  • Medical expenses incurred prior to the death
  • Funeral and burial costs
  • Loss of the deceased’s income and benefits
  • Loss of services and support provided by the deceased
• Non-Economic Damages:
  • Emotional pain and suffering
  • Loss of companionship, guidance, and protection

Why Choose Lusk, Drasites & Tolisano?

With decades of experience serving clients in Naples, FL, and surrounding areas, Lusk, Drasites & Tolisano is a trusted name in personal injury and wrongful death cases. Our compassionate yet aggressive approach ensures that we provide unwavering support to grieving families while pursuing justice with determination.

When you choose us as your Naples wrongful death lawyer, you can expect:

• A thorough investigation into the circumstances of your loved one’s death
• Access to top experts and resources to build a compelling case
• Clear communication and regular updates throughout the process
• No upfront fees – we only get paid if we recover compensation for you

We’re ready to hear your story. Contact us today at (239) 908-4930 for an appointment at our Naples office.