Cape Coral Wrongful Death Attorneys

Understanding Wrongful Death Claims 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 lawyer 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 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:

• 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.
• 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.
• 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.
• 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.

Given the complexities and time-sensitive nature of wrongful death claims, working with skilled legal counsel 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 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 claim is filed correctly and on time, it's crucial to consult with a wrongful death attorney who understands Florida’s legal requirements.  

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 lawyers 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!