When someone you love dies as a result of another person’s carelessness, it’s emotionally, financially, and even physically painful. The loss of their guidance, love, and just everyday presence is difficult enough. On top of this, you have expenses that you need to cover while you are in a period of grieving. Viles & Beckman will fight for you.
If you lost a beloved person in your life because someone didn’t uphold a duty of care, our wrongful death attorneys in Cape Coral can help you. We can review your case, gather evidence, and hold the person responsible for your loved one’s death. We’ll fight for your compensation so that you can focus on healing instead of stressing about bills.
Types of Wrongful Death Claims
Any cause of death resulting from another person’s negligence can be grounds for a wrongful death claim. If your loved one’s death occurred on public or private property, the owner is responsible for keeping their property safe for visitors.
Some of the most common types of wrongful death claims include:
- Car accidents: Every time you get into a car, you count on other drivers to do the right thing. And when they don’t, tragedies like life-altering injuries and even death can occur.
- Bicycle and pedestrian accidents: Busy downtown streets and areas around school zones where there is a lot of foot traffic are where a lot of these accidents happen.
- Death on someone else’s property: Also known as a premise liability accident, you shouldn’t have to worry about injuries when you go to someone else’s property. But when the owner doesn’t exercise a duty of care and neglects dangers on their property, injuries that are fatal can occur.
- Medical misconduct: We want to believe that the doctors that treat us have our best interests in mind and won’t make any errors. But unfortunately, it happens often. Medical errors like incorrect diagnosis, prescription errors, and errors in surgery can be fatal.
- Unintended poisoning or overdosing: Drug overdoses are rising by the year and happen every day. People often overdose on prescription drugs since they are legal and they can obtain them without suspicion. Many people can be held accountable in an overdose or unintended poisoning case.
- Boating and other water deaths: A day at the pool can be dangerous if the supervisor or owner does not take measures to ensure there are no dangers around the pool. Boating accidents also qualify for wrongful death claims if companies have a faulty product and fail to inform or fix the issue.
- Fatal work injuries and illnesses: Fatal work injuries are common, whether it be in a factory, a spa, or another business where there are unsafe conditions.
In addition to these, several causes of death may be eligible for a wrongful death claim. If you are considering filing a claim, our wrongful death lawyers are here to help. We can answer any questions you may have about the process and help you build your case.
How Much Time You Have to File a Wrongful Death Claim in Florida
Florida’s statute of limitations states that you have two years from the date of the person’s death to file a wrongful death claim. We recommend that you file as soon as possible to maximize your case’s strength and compensation.
It’s important to know that the statute of limitations may be different depending on the details of your case. When you meet with one of our wrongful death lawyers in Cape Coral, we can tell you exactly how much time you have to file a wrongful death claim in Florida.
How to File a Cape Coral Wrongful Death Claim
If the decedent did not have a will where someone was named to represent their estate, the court will appoint someone. If no estate exists, the court will open one and appoint a representative. Surviving family members acting as a representative follow a specific order:
- Minor children (under age 25 if there is no surviving spouse)
- Adult children (over age 25 if there is no surviving spouse or minor children)
- Parents (if there is no surviving spouse or children)
- Dependent blood relatives
- Dependent adoptive siblings
- Children born out of wedlock to a mother
- Children born out of wedlock to a father (if it can be shown that the father was responsible for the child)
You and other family members can receive compensation for your loss by filing a wrongful death claim. The civil court will handle your claim since it is not a criminal case. To successfully file a lawsuit for your deceased family member, the personal representative must prove the following:
- Duty of care: The chosen representative must demonstrate that the person had an obligation of a duty of care to your loved one. Duty of care can include: keeping up with maintenance, removing dangerous chemicals from the area, and in a medical context, following procedure standards.
- Lack of care: The person filing the claim must prove that the person failed to provide a duty of care. This can range from unsafe substances on business premises to failure to provide employees with proper training that led to your family member’s death.
- Cause of death: The third thing the estate must prove is that the party’s negligence led to your loved one’s death. To prove this, evidence such as photos of the unsafe conditions or autopsy reports can prove this.
- Damages: Finally, the person filing the claim must show that your family member’s death caused financial, mental, and emotional harm to you and your surviving family members.
Damages You Can Claim in a Wrongful Death Case
You deserve compensation and justice when you lose someone you love to an act of negligence. Compensation can help relieve some of the stress you may feel at this time so you can focus on yourself and your family.
Depending on the details of your case, you may be able to receive damages such as:
- Your beloved’s losses: Even though your loved one has passed away, you can receive damages for the pain they experienced until the time of their death. Some injuries aren’t fatal until days or weeks after the accident.
- Family’s pain and suffering: While it’s not possible to put an amount of the pain you and your family are feeling at this time, you can get compensation for the emotional pain you are going through as you grieve. Things that can cause this suffering like loss of partnership, counsel, and enjoyment in life are all eligible for compensation.
- Loss of wages: If the person who passed away was a provider for you and your family, and you are now financially struggling without them, you can receive compensation to help you get back on your feet.
- Current and future medical bills: Medical bills are always expensive. If your loved one had bills that they couldn’t pay off and you are now struggling to pay them, you might be able to recover damages for them.
- Funeral costs: Funeral costs and burial services are financially and emotionally challenging. The funeral cost doesn’t even include the burial cost, despite its high price.
- Punitive damages: These damages can apply when the person was grossly negligent. They are awarded to punish the negligent party and discourage them from repeating their actions. The compensation you can receive from punitive damages is usually no more than four times your total compensation.
Our Cape Coral wrongful death attorneys understand your pain and will fight for you to help you recover all the damages you qualify for. We’ll uncover the damages that negligent parties often try to hide to prevent you from getting the maximum settlement.
How Much Compensation You Can Get in a Wrongful Death Case
The amount of your settlement depends on many factors, and it’s important to know that every case is different. One case could result in a $10,000 settlement, while others could lead to a $1,000,000. Your lawyer can help you determine how much you are eligible to receive in damages for your loss.
Some wrongful death lawsuits go to trial, and some settle before trial. If your case goes to trial, it could be longer until you get your settlement because there is a higher level of case examination by different parties.
Since we cannot tell you the exact amount of compensation you may get, we can provide you with an estimation in a free case review. Our passionate attorneys can review the details of your case, decide if your case is valid, and then give you an estimate of the damages you may be eligible to recover.
Why You Should Hire a Wrongful Death Attorney
During this difficult time, our lawyers can help you get the compensation you deserve. Wrongful death lawsuits can be lengthy without the help of a lawyer. Our lawyers can help you quickly and efficiently navigate the process to resolve your case and receive the damages you are entitled to.
We’ll be the people that are looking out for your interests when nobody else is. Our wrongful death lawyers in Cape Coral at Viles & Beckman have years of experience. Call us or fill out the form on our contact us page to start your free case review today and begin pursuing justice for your loss.